POKAGON BAND OF POTAWATOMI INDIANS (2023)

POKAGON BAND OF POTAWATOMI INDIANS

ELDERS TRIP POLICY

1.

2.

PURPOSE.

(a)

In honor and recognition of the role of Elders in protecting and promoting the

culture of the Band, the Elders Council was established to provide guidance and

advice to the Band.

(b)

In connection with fulfilling this important role, the Elders periodically participate

in trips which advance and promote the recognized social and cultural needs of

the Elders and the Band.

(c)

The purpose of this Policy is to state the eligibility requirements, registration

procedures, and rules governing trips offered by the Band to Elders.

(d)

This Policy does not apply to Michigan Indian Elders Association conferences,

which are governed by a separate policy.

DEFINITIONS.

(a)

“Band” means the Pokagon Band of Potawatomi Indians.

(b)

“Bus Policy” means the Band’s Bus Policy.

(c)

“Band Bus” or “Band Buses” mean the passenger buses purchased by the Band

for carrying out official functions, duties and responsibilities, including by the

Elders Council.

(d)

“Citizen” means a duly enrolled member of the Band.

(e)

“Contact Person” means any representative of the Elders Council assigned by the

Elders Council, at any time, to fulfill the requirements of this Policy or the Bus

Policy, or both, as applicable, in connection with a trip.

(f)

“Disability” means with respect to any Elder:

(i)

A physical or mental impairment that substantially limits one or more of

the major life activities of such person;

(ii)

A record of such an impairment; or

(iii)

Being regarded as having such an impairment.

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The rules of construction set forth in 28 CFR 36.105, as may be amended, shall

serve as guidance for purposes of this definition.

3.

(g)

“Elder” or “Elders” means a duly enrolled member of the Band who is at least

fifty-five (55) years of age.

(h)

“Elders Council” means the representative body of the Elders comprised of Elders

elected by the Elders.

(i)

“Include” or “Including” will be deemed to be followed by the words “without

limitation”.

(j)

“Policy” means this Elders Trip Policy.

(k)

“Service Dog” means a dog that has been individually trained to do work or

perform tasks for a Trip Participant with a Disability, provided:

(i)

The work or tasks performed by the Service Dog must directly relate to

the Trip Participant’s Disability; and

(ii)

The crime deterrent effects of an animal's presence and the provision of

emotional support, well-being, comfort, or companionship shall not

constitute work or tasks for the purposes of this definition.

(k)

“Trip Deposit” means the deposit which a Trip Participant must pay to secure

registration for a trip.

(l)

“Trip Notice” means the notice which must be posted and published to solicit

interest from Elders in participating in a trip.

(m)

“Trip Participant” means all persons participating in a trip, including Elders, their

spouses, and the Contact Person.

BUS USE.

(a)

When a Band Bus is available, and is suitable for a trip, the Contact Person must

ensure that a Band Bus is utilized for the trip, unless waived by the Tribal

Council. All use of Band Buses must be in accordance with the Bus Policy.

(b)

When a Band Bus is not available, or is not suitable for a trip, or Band Bus use is

waived by the Tribal Council, the Contact Person may seek to use a bus supplied

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by a third party; subject, however, to all required reviews, approvals and

procedures of the Band.

4.

5.

ELIGIBILITY.

(a)

Only Elders are eligible to participate in trips offered by the Band, but the spouse

of an Elder may accompany the Elder on trips, regardless of whether the spouse is

a Citizen or an Elder.

(b)

Elders and spouses are eligible to register and participate in trips offered by the

Band regardless of past registration and participation.

TRIP NOTICE.

(a)

At least thirty (30) days prior to the departure date for each trip, the Contact

Person must post conspicuously within the Elders Hall and publish in the Tribal

Monthly Newspaper, a Trip Notice, which must state:

(i)

destination of the trip;

(ii)

departure location, date and time;

(iii)

return location, date and time;

(iv)

how to register;

(v)

deadline to register;

(vi)

location, date and time of any random drawing;

(vii)

amount of Trip Deposit;

(viii) how to pay Trip Deposit;

(ix)

deadline to pay Trip Deposit;

(x)

that if the number of Elders and spouses who register for the trip exceeds

the number of available trip positions, then the Elders Council will select

all Trip Participants and alternates through a random drawing;

(xi)

the name and telephone number of the Contact Person; and

(xii)

any other information deemed necessary by the Contact Person.

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6.

(b)

Registration for a trip must be open for a minimum of ten (10) calendar days.

(c)

Any random drawing to select Trip Participants must occur within ten (10)

calendar days after the date registration is closed.

(d)

Elders must have a minimum of seven (7) calendar days after the date registration

is closed or the date of the random drawing, as applicable, to pay the Trip

Deposit.

REGISTRATION.

(a)

Any Elder who wishes to participate in a trip must register in accordance with the

Trip Notice. A person may not register another person for a trip, but if an Elder’s

spouse wants to participate in the trip, then the Elder must register his or her

spouse.

(b)

At the time of registration, the Elder must return all required registration forms

(fully completed and signed), which will include the Elder’s name, address,

telephone number, enrollment number and, if the Elder’s spouse wants to

participate in the trip, the spouse’s name.

(c)

All Elders and spouses who have registered for a trip in accordance with this

Policy will be placed on a trip registration list.

If the number of Elders and spouses on the trip registration list does not exceed

the number of available trip positions, then the Elders and spouses on the list will

be the Trip Participants.

(d)

(e)

(i)

The Contact Person will ensure that a Trip Participant list is prepared and

posted within Elders Hall; and

(ii)

The Contact Person will ensure that each contact number is called to

notify the Elder (and any spouse) of placement on the Trip Participant list,

and the deadline to pay the Trip Deposit.

If the number of Elders and spouses on the trip registration list exceeds the

number of available trip positions, then the Elders Council will select all Trip

Participants and alternates through a random drawing.

(i)

The random drawing will be conducted at a meeting of the Elders Council

in accordance with this Policy and the Trip Notice.

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7.

(ii)

Neither an Elder nor spouse are required to attend a random drawing to be

selected as Trip Participants.

(iii)

All persons who register will be placed on a separate random drawing slip,

but an Elder and spouse must be listed on the same slip. All random

drawing slips must be drawn.

(iv)

All Elders must be listed on the Trip Participant list or alternate list, as

applicable, pursuant to the order of drawing. If a random drawing slip

contains an Elder and spouse, the Elder will be listed before the spouse on

the Trip Participant list or alternate list.

(v)

The Elders Council will prepare a Trip Participant list and alternate list

based upon the results of the random drawing, which must be posted

within Elders Hall.

(vi)

The Contact Person will ensure that each contact number is called to

notify the Elder (and any spouse) of placement on the Trip Participant list

and alternate list, and the deadline to pay the Trip Deposit.

(f)

The Elder or if applicable, the spouse, must confirm with the Contact Person that

the Elder and any spouse are attending the trip and will pay the Trip Deposit. The

confirmation may occur verbally or electronically (including email), but the

confirmation must occur within twenty-four (24) hours of the Contact Person’s

call to the Elder identified in Subsection 6(e)(vi). If the confirmation does not

occur within the required twenty-four (24) hours, the Elder and any spouse will be

removed from the Trip Participant list.

(g)

The Elders Council and their spouses retain the right to participate in all trips and

are not subject to random drawing because of the duties and responsibilities of the

Elders Council under this Policy.

(h)

Trip Participants are ultimately responsible for confirming registration for all

trips, including timely receipt of the Trip Deposit, by calling the Contact Person at

the number stated on the Trip Notice.

TRIP DEPOSIT.

(a)

The Trip Deposit will be Twenty-Five and 00/100 Dollars ($25.00) per person for

all trips, but if a trip is five (5) days or more (including the day or departure and

return), then the Trip Deposit will be Fifty and 00/100 Dollars ($50.00) per

person.

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8.

(b)

If a Trip Deposit is not paid in accordance with the Trip Notice, or an Elder or

spouse is not able to participate in a trip, then the Elder or spouse, as applicable,

will be removed from the Trip Participant list and the Elders Council will

endeavor to notify the next alternate of the available trip position.

(c)

An Elder must promptly notify the Elders Council upon becoming aware that the

Elder or spouse is not able to participate in a trip.

(d)

All Trip Deposits will be returned to Trip Participants at the beginning of a trip

after boarding the bus.

(e)

Any person who paid the Trip Deposit, but fails to participate in a trip, for any

reason whatsoever, will forfeit the Trip Deposit, but the Trip Deposit will be

returned if the person did not participate in the trip:

(i)

due to a legitimate emergency which prevents participation in the trip, as

determined by the Contract Person, including an accident or death in the

family; or

(ii)

consistent with Subparagraph 10(f), at the request of the Contact Person

because the person is sick or ill or failed to provide the Contact Person the

required physician certification.

(f)

If any person pays the Trip Deposit, but fails to participate in a trip, for any reason

whatsoever (except for those reasons identified in Subsection 7(e)(i) and (ii)), two

or more times in a calendar year or two or more times within one year prior to the

trip, then the Elders Council may declare the person ineligible for future trips for

a period of up to two (2) years.

(g)

A Trip Deposit cannot be transferred, assigned or credited to any other person for

any reason whatsoever.

IDENTIFICATION BADGES.

(a)

Trip Participants will be issued identification badges, which will state the

participant’s name on the front and the Contact Person’s name and cellular

telephone number on the back. The Contact Person’s identification badge must

state on the back the name and cellular telephone number of another Trip

Participant.

(b)

Any Trip Participant who becomes disconnected from the group during the trip

should promptly call the cellular telephone number on the back of the Trip

Participant’s identification badge.

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9.

BUS RULES.

At all times while on a Band Bus or any bus supplied by a third party, Trip Participants

must:

(a)

not engage in any illegal activity;

(b)

not be under the influence or possess, use, or sell alcohol, cannabis, or illegal

drugs;

(c)

not vape;

(d)

not smoke or chew any tobacco product;

(e)

not cause damage to the bus or any property of another;

(f)

not cause injury to another person;

(g)

not use profane or abusive language;

(h)

not be loud, disruptive or distracting, including by paying loud music (Trip

Participants may use earbuds);

(i)

not possess any firearm, any knife with a blade longer than three (3) inches, or

any other weapon;

(j)

not engage in any activity which threatens the health or safety of others;

(k)

remain seated when the bus is moving, except when necessary for official

purposes or to use the restroom;

(l)

wear seat belts if available and if required by applicable law;

(m)

be orderly and properly dispose of all litter and trash;

(n)

not wear heavily scented perfume or other products;

(o)

not engage in campaigning, including soliciting for or against any candidate or

cause;

(p)

abide by all lawful directives of the bus driver; and

(q)

use the seat assigned or reassigned, as applicable, by the Contact Person.

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10.

TRIP RULES.

(a)

Compliance. Trip Participants must conduct themselves in a safe, respectful,

courteous, and lawful manner at all times while on a trip and, accordingly, must

strictly comply with:

(i)

all applicable rules, regulations, policies and procedures of: (1) the Band;

(2) any third party bus supplier; and (3) all other places or establishments

visited during the trip, including any lodging establishment; and

(ii)

all applicable statutes, codes, acts, ordinances, laws, and rules and

regulations of every governing authority.

(b)

Seating. The Contact Person may assign Trip Participants bus seats. If this

occurs, Trip Participants must use the assigned bus seat the entire trip, unless the

Contact Person authorizes a seat change. The Contact Person may revise the

assigned bus seats and if a reassignment occurs, the Trip Participant must use the

revised assigned bus seat.

(c)

Luggage. Trip Participants may bring a small carry-on and no more than one (1)

piece of luggage on a trip. Trip Participants must limit shopping to items which

can be stored in the carry-on or luggage. Trip Participants must ensure that all

luggage contains a completed identification tag. Trip Participants will be solely

responsible for loading, unloading and the security of all luggage and all other

personal belongings.

(d)

On Time. Buses will depart at scheduled times and will not wait for any Trip

Participant. Trip Participants are solely responsible for being present on the bus

at scheduled departure times. If a bus departs without a Trip Participant for any

reason whatsoever, or a Trip Participant is required to exit the bus pursuant to

Subparagraph 11(a) of this Policy, the Trip Participant will be solely responsible

for arranging alternate transportation at the Trip Participant’s sole cost.

(e)

Self-Sufficient. Trip Participants must be self-sufficient or accompanied by a

spouse (or Service Dog) who is able to provide all necessary assistance to enable

them to participate in all trip activities, which may involve various levels of

physical activity, including walking or wheeling one’s own wheelchair. The

Band will not provide any type of aide service to Trip Participants while on a trip,

and Trip Participants should not expect other Trip Participants, other than their

spouse (or Service Dog), to provide necessary assistance. Trip Participants are

solely responsible for all medications. Trip Participants should not venture off

alone while at destinations, but rather, should always travel with other Trip

Participants.

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11.

(f)

Illness and Certification. Prior to departure, the Contact Person may request, but

not require, that any person who is sick or ill not participate in a trip. The Contact

Person also may require certification from a physician that a person who seeks to

participate in a trip is self-sufficient or is able to participate in the trip if

accompanied by a spouse (or Service Dog) who is able to provide all necessary

assistance. If the Contact Person decides to require a physician certification from

any person, then the Contact Person must inform the person of the requirement at

least fourteen (14) days prior to the date of departure stated in the Trip Notice.

Any person who does not provide the certification will not participate in the trip.

(g)

Trip Cancellation. The Contact Person may cancel a trip at any time, including

due to insufficient participation or inclement weather or other hazards. If a trip is

cancelled prior to departure, the Contact Person will use reasonable efforts to

publicize the cancellation. A cancelled trip may be rescheduled. Unless a trip is

rescheduled, and a Participant wishes to participate in the trip, the trip deposit will

be returned.

(h)

Expenses. Prior to departure, the Contact Person will provide Trip Participants

with a written statement describing all amounts to be paid by the Band in

connection with the trip. Trip Participants will be solely responsible for all other

costs, expenses, fees, assessments and amounts, including all assessments for

damages or violating non-smoking rules.

(i)

Excess Amounts. If any Trip Participant is paid any per-diem or other amount for

which he or she is not entitled, including pursuant to any applicable Band policy,

then the Elders Council will send the person a written demand for payment. The

Trip Participant must repay the per-diem or other amount within ten (10) calendar

days of the date stated in the written demand for payment. Acceptance of a perdiem or any other amount constitutes agreement to the foregoing obligation.

(j)

Attendance. A Trip Participant must attend, during all scheduled times, all

activities for which the Band has paid (or is obligated to pay) any amount, but the

Contract Person may excuse a Trip Participant from attendance for good cause,

including illness or the nature of the activity. Accordingly, unless excused by the

Contact Person for good cause, Trip Participants must be on time and must not

leave activities early.

SERVICE DOG.

(a)

Accompany. A Service Dog may accompany a Trip Participant with a Disability

on a trip, subject to the requirements of this Section 11.

(b)

A Service Dog shall not be permitted to accompany a Trip Participant with a

Disability on a trip as provided under this Section 11, including if the Service

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Dog: (i) would fundamentally alter the nature of the services, facilities, privileges,

advantages, or accommodations or (ii) is not in good health or in compliance with

all applicable immunization and licensing laws and regulations.

(c)

Removal. A Trip Participant with a Disability who has brought a Service Dog on

a trip may be required to remove a Service Dog from all or any portion of the trip

if: (i) the Service Dog is out of control and the Trip Participant does not take

effective action to control the Service Dog, including without limitation

compliance with Subsection 11(d); (ii) the Service Dog is not housebroken; (iii)

the Service Dog is not permitted under Subsection 11(b) of this Policy, or (iv) the

Trip Participant does not supervise the Service Dog in compliance with

Subsection 11(e).

(d)

Control. A Service Dog that accompanies a Trip Participant with a Disability shall

at all times properly control the Service Dog, including ensuring that the Service

Dog is caged, harnessed, leashed, or tethered at all times, unless such devices

interfere with the Service Dog’s work or the Trip Participant’s Disability prevents

using such devices, in which case the Service Dog must be under the Trip

Participant’s control through other effective means.

(e)

Supervision. A Trip Participant with a Disability who brings a Service Dog on a

trip shall: (i) ensure that the Service Dog does not disturb or disrupt others or

cause any damage, or disrupt the trip or trip operations, (ii) remain in close

proximity to the Service Dog at all times, and (iii) ensure that the Service Dog is

properly cared for and cleaned up after.

(f)

Liability. A Trip Participant with a Disability who brings a Service Dog on a trip

shall be responsible for all damage, injury, and liability in connection with the

Service Dog.

(g)

Inquiries. If it is not readily apparent that the Service Dog is trained to do work or

perform tasks for the Trip Participant with a Disability, then the Trip Participant

may be asked the following two questions:

(i) is the animal a Service Dog required because of a Disability?

(ii) what work or task has the Service Dog been trained to perform?

A Trip Participant with a Disability shall not be asked about the nature of the

Disability or for any medical documentation of such, nor for any documentation

that the dog is a Service Dog or the Service Dog’s ability to perform work or

tasks. It shall be sufficient if the Trip Participant with a Disability indicates that

the animal is a Service Dog that is required because of a Disability and the

Service Dog has been trained to do work or a task related to the Disability.

12.

VIOLATIONS.

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(a)

Any Trip Participant, who violates any provision of this Policy, will be subject to

appropriate remedial action, including:

(i)

the bus driver may, in consultation with any of the Elders Council

members present, require the person to exit the bus at an appropriate

location;

(ii)

the Elders Council may declare the person ineligible for future trips for a

period of up to two (2) years;

(iii)

the Elders Council may require the person to repay on demand all amounts

paid by the Band in connection with the trip; and/or

(iv)

the matter may be referred to law enforcement.

(b)

The Elders Council may deem any violation of this Policy by any person

accompanying an Elder on a trip to be a violation by both the Elder and the

person.

(c)

All alleged violations of this Policy must be reported to the Contact Person who

may investigate the alleged violations.

(d)

If the Contact Person believes that a Trip Participant violated this Policy and that

the violation should be reported to the Elders Council, then the following will

apply:

(i)

the Elders Council will schedule a meeting for the sole purpose of

addressing the alleged violation(s) and appropriate remedial action(s);

(ii)

the Elders Council will prepare a written notice which describes the

alleged violation(s) and states the date, time and location of the meeting;

(iii)

the written notice will be hand delivered or sent by first class U.S. mail to

the Trip Participant at least ten (10) calendar days prior to the date of the

meeting;

(iv)

the Contact Person and the Trip Participant will be afforded an

opportunity at the meeting to address the alleged violation(s) (without the

assistance of legal counsel), including to call and question witnesses;

(v)

the Trip Participant may participate in the meeting in person or by

telephone with prior notice to the Elders Council; and

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(vi)

(e)

12.

the Elders Council will decide (by motion or resolution) whether the Trip

Participant violated this Policy and the appropriate remedial action(s)

pursuant to Subparagraph 11(a) of this Policy. The Contact Person must

abstain from the vote.

All decisions of the Elders Council under Paragraph 11 of this Policy will be final

and not subject to review or appeal, including but not limited to, pursuant to the

Band’s Grievance Policy.

NO WAIVER.

No provision of this Policy, including Subparagraph 10(d), will be deemed waived by

past practice. Trip Participants should expect all provisions of this Policy to be strictly

enforced.

13.

DISTRIBUTION.

The Elders Council must ensure that this Policy is posted in Elders Hall and that copies of

this Policy are available upon request. The Contact Person must make available a copy

of this Policy to all Trip Participants at the beginning of a trip and answer any questions

regarding this Policy.

HISTORY

Elders Trip Policy, enacted April 30, 2012 by Res. No. 12-04-30-01; Amended June 11, 2012

by Res. No. 12-06-11-05; Amended September 10, 2012 by Res. No. 12-09-10-01; Amended

September 10, 2014 by Res. No. 14-09-10-02; Amended November 30, 2015 by Res. No. 1511-30-02; Amended October 4, 2023, by Elders Council Resolution No. 23-08-23-02, provided

that as stated in the approving resolution, such approval was effective as of the expiration of

the Posting Period.

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