Redding Rancheria Ordinances
Last amended: 2001
CLAIMS AND ACTIONS AGAINST TRIBAL ENTITIES AND TRIBAL OFFICERS AND EMPLOYEES
ORDINANCE NO.
ORDINANCE OF THE TRIBAL COUNCIL OF THE REDDING RANCHERIA ADDING ARTICLE 3 TO DIVISION 1 OF THE REDDING RANCHERIA TRIBAL CODE GOVERNING CLAIMS FOR DAMAGES AGAINST THE TRIBE AND ITS OFFICERS AND EMPLOYEES AND INDEMNIFICATION OF OFFICERS AND EMPLOYEES.
The Tribal Council of the Redding Rancheria under the authority conferred
by Article V, Section 1(g) of the Redding Rancheria Constitution ordains
as follows.
Article 3, entitled CLAIMS AND ACTIONS AGAINST TRIBAL ENTITIES AND
TRIBAL OFFICERS AND EMPLOYEES is hereby added to Division 1, entitled
GOVERNMENT of the Redding Rancheria Tribal Code to read as follows:
DIVISION ONE - GOVERNMENT
ARTICLE
3
CLAIMS AND ACTIONS AGAINST TRIBAL ENTITIES AND TRIBAL OFFICERS AND EMPLOYEES
Chapter 1 - CLAIMS FOR MONEY OR DAMAGES
Sections:
| 3001 | Presentation of claims as prerequisite for filing suit |
| 3002 | Claims subject to filing requirements |
| 3003 | Contents of claim |
| 3004 | Signature of claimant |
| 3005 | Forms |
| 3006 | Amendment of claim; effect of failure or refusal to amend |
| 3007 | Notice of insufficiency of claim |
| 3008 | Failure to give notice of insufficiency; Waiver of defense based on defect or omission. |
| 3009 | Time of or presentation of claims |
| 3010 | Grant or denial of claim by Tribal Council |
| 3011 | Notice of rejection of claim |
| 3012 | Mailing or service of notice |
| 3013 | Re-examination of rejected claim |
| 3014 | Sovereign immunity |
SECTION 3001: Presentation of claims as prerequisite for filing suit.
All claims against the tribe or any of its business enterprises for
money or damages shall be presented to the Tribal Council and acted
upon as a prerequisite to suit thereon as further provided in this Chapter.
All such claims shall be presented as required by this Chapter 1 and
in the time periods specified herein.
SECTION 3002: Claims subject to filing requirements. The
claims subject to the filing requirements under this section shall include,
but not be limited to, any and all claims for money or damages; any
and all claims by tribal employees for fees, salaries, wages, mileage,
or other expenses and allowances, and any and all claims by any federal,
state, or local public entity. The provisions of this section shall
apply to any and all claims whether they relate to events, transactions,
or occurrences that took place prior to the effective date of this ordinance
codified in this chapter or after the effective date of this ordinance
codified in this chapter. The provisions of the section apply to all
claims for money or damages, whether based on contract, tort or other
cause of action.
SECTION 3003: Contents of claims. A claim shall be
presented by the claimant or by a person acting on the claimant's behalf
and shall include the following; (1) the name and address of the claimant;
(2) the address to which the person presenting the claims desires notices
to be sent; (3) the date, place and other circumstances of the occurrence
or transaction which gave rise to the claim asserted; (4) a general
description of the indebtedness, obligation, injury, damage, or loss
incurred so far as it may be known at the time of presentation of the
claim; (5) the name or names of the tribal employee or employees causing
the injury, damage, or loss, if known; and (6) the amount claimed as
of the date of presentation of the claim, including the estimated amount
of any prospective injury, damage, or loss, insofar as it may be known
at the time of the presentation of the claim, together with the basis
of computation of the amount claimed.
SECTION 3004: Signature of claimant. The claim shall be
signed by the claimant or some person on the claimant's behalf. Claims
against the tribe or any of its business entities for supplies, materials,
equipment, or services need not be signed by the claimant or on the
claimant's behalf if presented on a bill-head or invoice regularly used
in the conduct of business of the claimant.
SECTION 3005: Forms. The Tribal Council of the
tribe may provide forms specifying the information to be contained in
claims against the tribe or any of its business enterprises. If the
Tribal Council provides forms pursuant to this section, the person presenting
the claim need not use such form if he/she presents his/her claim in
conformity with Sections 3003 and 3004. A claim presented on a form
provided pursuant to this section shall be deemed to be in conformity
with Sections 3004 and 3004, if the claim complies substantially with
the requirements of the form or with the requirements of said sections.
SECTION 3006: Amendment of claim; Effect of failure or refusal
to amend. A claim may be amended at any time before the expiration
of the period designated in Section 3009 before final action thereon
is taken by the Tribal Council of the tribe, whichever is later, if
the claim, as amended, relates to the same transaction or occurrence
which gave rise to the original claim. The amendment shall be considered
a part of the original claim for all purposes.
SECTION 3007: Notice of insufficiency of claim. If,
in the sole discretion of the Tribal Council or the person designated
by it, a claim as presented fails to comply substantially with the requirements
of this chapter or the requirements of a form provided under this chapter,
the Tribal Council or such person may, at any time within twenty (20)
days after the claim is presented, give written notice of its insufficiency,
stating with particularity the defects or omissions therein. Such notice
shall be given in the manner prescribed by this chapter. The Tribal
Council may not take action on the claim for period of fifteen (15)
days after such notice is given.
SECTION 3008: Failure to give notice of insufficiency; Waiver
of defense based on defect or omission. Any defense as to the
sufficiency of the claim based upon a defect or omission in the claim
as presented is waived by failure to give notice of the insufficiency
with respect to such defect or omission as provided in Section 3007,
exception that no notice need be given and no waiver shall result when
the claim, as presented, fails to state either an address to which the
person presenting the claim desires notice to be sent or an address
of the claimant.
SECTION 3009: Time of or presentation of claims. A claim
relating to a cause of action arising from the death of or for injury
to a person or to personal property shall be presented as provided for
in this chapter, not later than the ninety (90) days after the accrual
of the cause of action. A claim relating to any other cause of action
shall be presented, as provided in this Chapter, not later than one
hundred-eighty (180) days after the accrual of the cause of action.
SECTION
3010: Grant or denial of claim by Tribal Council. (a) The
Tribal Council shall grant or deny the claim within sixty (60) days
after it is presented to the Tribal Council. The claimant and the Tribal
Council may extend the period within which the Council is required to
act on the claim by written agreement made before the expiration of
such period.
(b) If the Tribal Council fails or refuses to act on the claim within
the time prescribed by this section, the claim shall be deemed to have
been denied on the sixtieth day or, if the period within which the Tribal
Council is required is extended by agreement, pursuant to this section,
the last day of the period specified in such agreement.
SECTION 3011: Notice of rejection of claim. (a) Written
notice of the rejection of the claim or the Tribal Council's in action
on the claim, which is deemed a rejection of the claim under this chapter,
shall be given in a manner provided in Section 3013. Such notice may
be in substantially the following form:
"Notice is hereby given that the claim which you presented to the Tribal Council of the Redding Rancheria on (indicate date) was (indicate whether rejected, allowed, allowed in the amount of $_______ and rejected as to the balance, rejected by operation of law, or other appropriate language, whichever is applicable) on (indicate date of action or rejection by operation of law)."
(b) If the claim is rejected in whole or in part, the notice required
by subdivision (a) above shall include a warning in substantially the
following form:
WARNING
If your claim was based upon the death of or injury to a person or damage to or loss of real or personal property, you have only ninety (90) days from the date this notice was personally delivered or deposited in the mail to take any further action on this claim as may be allowed by law. If your claim is based on some other basis, you have only one hundred eighty (180) days from the date this notice was personally delivered or deposited in the mail to take such action. This notice does not indicate that the tribe or its officers or employees have waived their sovereign immunity from suit. You may seek the advice of any attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately."
SECTION 3012: Mailing or service of notice. The notice required
by Section 3011 shall be deemed given when it is either: (1) personally
delivered to the claimant or the claimant's representative as specified
in the claim or (2) when deposited in the United States mail addressed
to the claimant or the claimant's representative as specified in the
claim, first class postage prepaid.
SECTION 3013: Reexamination of rejected claim. The Tribal
Council may, in its discretion, within the time described by Section
3009 for commencing an action on the claim, re-examine a previously
presented claim in order to consider a settlement of the claim.
SECTION 3014: Sovereign Immunity. Nothing in this Chapter
shall be deemed to waive the sovereign immunity of the Redding Rancheria
Tribe or any of its enterprises, officers, agents, or employees.
Chapter 2 - INDEMNIFICATION OF TRIBAL OFFICERS AND EMPLOYEES
SECTION 3100: DEFENSE BY TRIBE; PAYMENT OF JUDGMENTS, COMPROMISES OR SETTLEMENTS- If
an employee, including an elected official, an appointed official,
former employee or official of the tribe (hereafter collectively called
"employee") requests the Tribal Council to defend him or her against
any claim or action against him or her for damages arising out of
an act or omission occurring within the scope of his or her employment
as a tribal employee, the tribe shall provide the employee with a
legal defense and may, in its discretion, pay any judgment or settlement
based on the claim provided:
-
The request is received by the CEO of the tribe not less than
15 days after the employee is served with a summons and complaint;
and
-
The employee reasonably cooperates in good faith in the defense
of the claim or action.
-
The request is received by the CEO of the tribe not less than
15 days after the employee is served with a summons and complaint;
and
- The
Tribal Council may refuse to provide a defense or defend under a "reservation
of rights," if it determines that the employee committed the act or
omission giving rise to the claim or action because of actual fraud,
corruption or actual malice.
- In
determining whether to pay any settlement or judgment, including a
judgment for punitive damages, the Tribal Council shall consider all
of the following:
-
Whether the judgment is based on an act or omission of an employee
acting within the course and scope of his or her employment as
an employee of the tribe.
-
Whether at the time of the act giving rise to the liability, the
employee acted, or failed to act, in good faith, without actual
malice and in the apparent best interests of the tribe.
-
Whether payment of the claim or judgment would be in the best
interests of the tribe.
-
Whether the judgment is based on an act or omission of an employee
acting within the course and scope of his or her employment as
an employee of the tribe.
- Nothing in this section shall be construed as a waiver of the tribe's sovereign immunity from unconsented suit or the immunity of tribal officers and employees from suit for acts or omissions committed within the course and scope of their office or employment.
SECTION 3101: RECOVERY OF PAYMENT FROM THE TRIBE
- If
the tribe did not conduct the employee's defense against an action
or proceeding, where the employee was entitled to a defense under
Section 3100, an employee may recover from the tribe the defense costs
the employee actually and necessarily incurred in conducting his or
her own defense; provided:
- The
employee establishes that the act or omission upon which the claim
or action was based occurred with the scope of his or her employment
by the tribe; and
-
The tribe fails to establish that he or she acted or failed to
act because of actual fraud, corruption or actual malice or that
he or she willfully failed or refused to conduct the defense of
the claim or action in good faith.
- The
employee establishes that the act or omission upon which the claim
or action was based occurred with the scope of his or her employment
by the tribe; and
- If
the Tribal Council furnished a defense under a reservation of rights,
it may recover the defense costs from the employee, if it determines
that the employee committed the act or omission giving rise to the
claim or action because of actual fraud, corruption or actual malice.
- An employee's exclusive remedy under this section is before the Tribal Council with a right of appeal to the General Council; provided that a Tribal Council member seeking reimbursement under this section shall abstain from voting on the request.
CERTIFICATION
We, the
undersigned duly elected officials of the Redding Rancheria, do hereby
certify that on January 4, 1996, the foregoing Ordinance was adopted
at a duly called meeting of the Tribal Council of the Redding Rancheria
with a quorum present by a vote of 6 for, 0 against, 0 abstaining
and 0 absent and that it was first amended on June 2, 1998 by a
vote of 6 for, 0 against and 0 abstaining.
|
/s/
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Dated:
6/9/98
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|
/s/
Redding Rancheria Secretary [Debbie Sarot] |
Dated:
6/9/98
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Present Council:
Bob Foreman, Chairman
Tracy Edwards, Vice Chairperson
Gary Hayward
Stacey Greer
Carla Maslin
Debbie Sarot
Hope Wilkes
Leon Benner
Bobby Foreman
Glen Hayward
CLAIMS AND ACTION AGAINST REDDING RANCHERIA TRIBAL ENTITIES AND TRIBAL OFFICERS AND EMPLOYEES
NOTICE OF FILING
CLAIMS FOR MONEY OR DAMAGES
In accordance with the authority conferred by Division 1, Article 1,
Chapter 3, Sections 3005 of the Redding Rancheria Tribal Code entitled
Government, forms must be completed in conformity with all Sections
of said Ordinance. Failure to comply with requirements of filing will
be immediate cause for dismissal of claim.
FILL IN EACH SPACE AND AREA COMPLETELY. IF ANY SPACE OR AREA DOES NOT RELATE TO YOUR CLAIM OR ACTION, PLEASE MAKE A "NOT APPLICABLE" NOTATION IN SPACE OR AREA.
Name of
Individual, Organization, Company, Corporation, Public Entity, or other
submitting Claim :
Name of Contact (if other than an individual):
Position of Contact (if other than an individual):
Street Address: City: Zip:
Mailing Address: City: Zip:
Phone Number: ( ) Message phone: ( )
Social Security Number of Individual Claimant:
Tax I.D. Number required for all other Claims:
Name of Authorized Representative (if any)*
*Any named representative of Claimant must remain representative during this mandated procedure and/or policy.
Invoice Number Purchase Order Number
Total Dollar Amount of Claim: $
Circumstance(s)
of occurrence(s) or cause(s):
Please use this page to submit a detailed description of the indebtedness, obligation, injury, damage or loss incurred:
(Use additional paper if needed)
Itemized and detailed list of basis of computation for total amount
of claim from page 1: (Including the estimated amount of any prospective
injury, damage, loss, expenses, fees, etc., which might have or be incurred
due to claim.)
Name(s), Address(es), phone number(s) of witnesses (may be called for testimony or statement):
Type of Claim:
* Claims Subject to Filing Requirements: The claims subject to the filing requirements under the Ordinance shall include, but not be limited to, any and all claims for money or damages; any and all claims by Tribal employees for fees, salaries, wages, mileage, or other expenses and allowances, and any and all claims by any federal, state, or local public entity. The provisions of this Section shall apply to any and all claims whether they relate to events, transactions, or occurrences that took place prior to the effective date of the Ordinance codified in Article 3, Chapter 1 or after the effective date of the Ordinance codified in Article 3, Chapter 1. The provisions of Article 3, Chapter 1 applies to all claims for money or damages, whether based on contract, tort or other cause of action.
Date claim submitted as Notice of Filing:
Date person first contacted:
Name of
person first contacted regarding this claim:
Circle One: Employee Vendor Officer Customer Member Entity
Name(s) of individual(s) or Tribal Entity(s), Officer(s) or Employee(s) alleged to cause claim of action:
(Use additional paper if needed)
Date(s) of occurrence(s) or cause(s) (Be specific)
(Use additional paper if needed)
Place(s)
of occurrence(s) or cause(s):
(Use additional paper if needed)
Additional information or comments:
A claim that fails to comply substantially with the requirements of
Article 3, Chapter 1 or requirements of a form provided under said article
and chapter shall be considered an "insufficient Claim." In
the event your claim is considered insufficient, you will be notified.
You must refer to Article 3, Chapter 1, Sections 3007 and 3008. In the
event the claim fails to state either an address to which the person
presenting the claim desires notice(s) to be sent, no such notification
is required.
Nothing in Article 3, Chapter 1, Sections 3000-1014, shall be deemed to waive the sovereign immunity of the REdding Rancheria Tribe or any of its enterprises, officers, agents, or employees. The Redding Rancheria Tribe reserves the right to add, delete or modify Article 3 and/or any applicable forms without notice.
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Date |
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Signature of claimant |
Received By: Initial & Date |
Claimform.ord.tribal
Draft 3/25/97