RESOLUTION NO. 177(20) EXTENSION OF HAZARD PAY
WHEREAS, the Lac du Flambeau Band of Lake Superior Chippewa Indians ("Tribe"), is a federally recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of June 18, 1934, 25 U.S.C. §461 et. seq.; and
WHEREAS, pursuant to Article Ill, Section 1 of the Lac du Flambeau Constitution ("Constitution"), the governing body of the Tribe is the Tribal Council; and
WHEREAS, Article VI of the Constitution sets forth the Powers and Duties of the Tribal Council, and Section 1(a) of Article VI authorizes the Tribal Council to "...protect the health, security, and general welfare of the Tribe"; and
WHEREAS, the national and global pandemic caused by Coronavirus Disease 2019 (COVID- 19), identified by the Centers for Disease Control and Prevention (CDC) and the Wisconsin Department of Health Services (WI DHS) as a deadly, highly contagious disease, poses a direct threat to the health, security and general welfare of the Tribe; and
WHEREAS, on March 14, 2020, in response to the COVID-19 Pandemic, the Lac du Flambeau Tribal Council passed Tribal Resolution No. 93(20), declaring a State of Emergency as authorized by Chapter 65 of the Lac du Flambeau Tribal Code of Ordinances; and
WHEREAS, in subsequent actions, the Tribal Council endeavored to limit workplace exposure to the Coronavirus by directing that all employees who could work from home would be required to do so, non-essential employees who could not work from home would be placed on paid Emergency Leave; and essential employees would continue to work in the workplace, exercising appropriate caution; and
WHEREAS, in the interest of fairness, and recognizing that essential employees are at greater risk of exposure to COVJD-19 while carrying out job responsibilities in the workplace, the Tribal Councildirected that non-exempt employees asked to remain in the workplace during the COVID-19 Pandemic and Tribal shut-down should be compensated appropriately for the increased hazards presented by their job duties. Such compensation, in the form of Hazard Pay, was effective commencing March 23, 2020 until May 25, 2020; and
WHEREAS, due to the existence of a confirmed case of COVID-19 on the Reservation, and in the interests of safety and protection of the community, the Tribal shut-down was extended, by Tribal Council action, to June 17, 2020; now therefore be it
RESOLVED, that this Council, by Poll Vote, does hereby declare that payment of Hazard Pay to non-exempt essential employees for duties performed in the workplace, as set forth in the applicable Coronavirus Workplace Policy dated March 23, 2020, shall be and is retroactively extended from the time and date previously discontinued,
i.e. May 25, 2020, until 11:59 p.m., June 16, 2020, or as otherwise determined by the Tribal Council; and be it further
RESOLVED, that this Resolution supersedes any conflicting language contained in Tribal Resolution No. 169(20).
I, the undersigned, as Secretary of the Lac du Flambeau Band of Lake Superior Chippewa Indians, a tribal government operating under a Constitution adopted pursuant to Section 16 of the Indian Reorganization Act, 25 U.S.C., s. 476, do hereby certify that the Tribal Council of the Band is composed of twelve members, of whom eleven were polled on the 281h day of May, 2020, and that the foregoing resolution was duly adopted by an affirmative vote of eight members (G. Thompson, J. Allen, D. Allen, R. Bell, J. BigJohn, E. Chapman, M. Doud, J. Johnson Sr., none against. none abstaining, three no responses and that the said resolution has not been rescinded or amended in any way.
Jamie Allen, Secretary Lac du Flambeau Band of
Lake Superior Chippewa Indians