Redding Rancheria Ordinances
Last amended: 2001
ORDINANCE: DISPUTE RESOLUTION FOR GAMING PATRONS CLAIMS
The Redding Rancheria Indian Tribe, a federally recognized Indian Tribe
("Tribe") hereby enacts the following Ordinance to adopt and make available
to Gaming Patrons a tort liability ordinance to provide assurance that
claims will be promptly and fairly adjudicated and that legitimate claims
will be paid.
Findings and Policy
The Tribe finds that:
- The
gaming enterprise of the Redding Rancheria ("Tribe") relies on the
trust and, confidence of its patrons.
- The
Tribe desires that patrons of the tribe's gaming enterprise feel safe
and secure when on the premises of that enterprise. To that end, the
Tribe wants patrons to know that recourse is available to persons
who suffer injuries while on the premises of the tribe's gaming enterprise.
- The
Tribe endeavors to take all reasonable precautions to protect the
health, safety and welfare of Reservation visitors and patrons of
tribal business enterprises, but despite these efforts, accidents
occasionally occur.
- The
Tribe desires to create a remedy by which any person who is injured
on the Reservation as a result of the negligent act or omission of
any officer, employee, or agent of the Tribe who was acting within
the scope of his or her office, employment, or agency, may be made
whole; provided, however, that no claim for punitive damages
or attorneys fees may be asserted against the Tribe or any person
acting in an official capacity and within the course and scope of
his/her authority as an officer, employee or agent of the Tribe.
- The
Tribe desires and intends by the enactment of this Ordinance to comply
with Section 10.2(d) of the Class III gaming compact between the Tribe
and the State of California. Accordingly, this Ordinance shall become
effective as of the date that the compact was published in the Federal
Register that said Compact has been approved or is considered to have
been approved by the Secretary of the Interior, and this Ordinance
shall take effect as of the effective date of said Compact in accordance
with 25 U.S.C.
§2710(d)(3)(B).
NOW, THEREFORE, the Tribal Council of the Redding Rancheria hereby ordains
as follows:
Chapters
1. Purpose
2. General Provisions
3. Definitions
4. Claims Covered by this Ordinance
5. Reserved
6. Claims Excluded By this Ordinance
7. Reserved
8. Recognized Trial Defenses
9. Reserved
10. Exclusive Remedy
11. Reserved
12. Finality
13. Reserved
14. Presentation of Claims
15. Reserved
16. Certification or Rejection of "Notice of Appeal or Claim"
17. Reserved
18. Claim Investigation and Resolution
19. Reserved
20. Payment of Awards and Attorney Fees
21. Reserved
22. Effective Date
Chapter 1. Purpose.
The purposes of this Ordinance are:
- To
set forth the terms and conditions under which the Tribe will grant
a limited waiver of its sovereign immunity to suit solely on claims
for money damages resulting from injuries to person or property at
the tribe's Gaming Facility or in connection with the tribe's Gaming
Operation after the claimant has exhausted the tribe's "Claims
and Actions Against Tribal Entities and Tribal Officers and Employees";
Ordinance
- To establish
time limits, substantive standards, procedures for the filing and
prompt and fair adjudication of any claims against the Tribe for money
damages for injury or loss of property or personal injury or death
caused by the negligent or wrongful acts of any Tribal official, agent
or employee while acting within the scope of his/her office or employment
on the premises of the tribe's Gaming Facility or in the operation
of the tribe's Gaming Enterprise, and assuring payment of claims determined
to be legitimate;
- To establish
appellate remedies for claims for work-related injuries to employees;
- To establish
liability insurance requirements for the tribe's Gaming Enterprise;
and
- To grant a limited waiver of the Redding Rancheria sovereign immunity solely for claims authorized by this Ordinance and after the claimant has exhausted the procedures in the tribe's "Claims and Actions Against Tribal Entities and Tribal Officers and Employees"; Ordinance or the Redding Rancheria's system of insurance and self-insurance for employee claims for compensation for work-related injuries, if applicable, and filed in compliance therewith, and to the enforcement of judgments and/or awards rendered hereunder.
Chapter 2. General Provisions
§2000. Short title. This ordinance shall be
known and cited as the "Redding Rancheria Dispute Resolution."
§2100. Purpose. The purpose of this Ordinance is to
make available to Gaming Patrons a tort liability ordinance to provide
assurance that claims will be promptly and fairly adjudicated and that
legitimate claims will be paid.
§2200. Sovereign immunity preserved. Nothing in this
ordinance is intended or shall be construed as a waiver of the sovereign
immunity of the Tribe. No officer or employee of Redding Rancheria is
authorized nor shall he/she attempt to waive the immunity of the Tribe
under the provisions of this ordinance unless as outlined in this Ordinance.
§2300. Applicability within the reservation. This
ordinance shall apply to all persons within the boundaries of the Tribe.
§2400. Interpretation and findings. The Redding Rancheria
Tribal Council may interpret any ambiguities contained in this ordinance.
§2500. Conflicting provisions. Whenever any conflict
occurs between the provisions of this ordinance or the provisions of
any other ordinance of the Tribe, the stricter of such provisions shall
apply.
Chapter 3. Definitions
§3000. "Arbitration Panel" is the impartial person
or entity to whom the Tribe has assigned the authority and responsibility
to review and decide appeals from: 1) the Governing Body's rejection
of a claim for failure to timely comply with the procedures established
in this Ordinance or allege a Compensable injury; 2) the Tribal Council's
denial of a Certified Claim for a Claimant's failure to establish by
a preponderance of the evidence that the Tribe is liable to the Claimant
on a Certified Claim; the adequacy of an Award granted by the Tribal
Council on a Certified Claim; or 4) the failure of the Tribe or its
insurer to timely pay an Award.
§3050. "Award" is the financial remedy offered a Claimant
by the Tribal Council to resolve a Certified Claim timely filed under
this Ordinance.
§3200. "Certified Claim" is a Claim that the Tribal
Council has certified as complying with all procedural requirements
and stating a prima facie case that a Claimant has sustained a Compensable
Injury.
§3250. "Claim" is the written document, together with
such supporting information as a Claimant may wish to provide, alleging
a Compensable Injury to person or property that is prepared by the Claimant
and delivered to the Tribal Council as provided herein.
§3300. "Claimant" is the individual who submits a Claim
to the Tribal Council or Tribal Gaming Agency.
§3350. "Compact" is the Tribal-State Class III gaming
compact executed by the Governor of California and the Tribe, ratified
by the California Legislature and approved or considered to have been
approved by the Secretary of the Interior or an authorized representative
thereof.
§3400. "Compensable Injury" is an injury to person or
property that occurs on the premises of the tribe's Gaming Facility
or in connection with the tribe's Gaming Operation, the proximate cause
of which was the negligent or intentional act of a Tribal official,
agent or employee acting in the course and scope of his/her employment
by the Tribe and within the scope of his/her authority. "Compensable
Injury" does not include any injury allegedly sustained by a Tribal
official, agent or employee in connection with his/her employment or
performance of official duties, any injury allegedly sustained by a
Tribal member or any person eligible for enrollment in the Tribe, any
claim for punitive or exemplary damages, any injury proximately caused
by a negligent or intentional act that was committed outside the course
and scope of the employment and/or authority of a Tribal official(s),
employee(s) or agent(s) whose act(s) or omission(s), or any injury proximately
caused by the act or omission of any person who is not an officer, employee
or agent of the Tribe or who is not otherwise directly subject to the
tribe's direction, supervision or control. For the purposes of this
Ordinance, a Claim may not be certified if the person or entity alleged
to have been the proximate cause of a Compensable Injury was not, at
the time the injury was sustained, either an elected or appointed official
of the Tribe, an employee or agent of the Tribe, or party to a contract
with the Tribe in connection with the operation or maintenance of a
Tribal gaming facility or any facility appurtenant thereto. The Tribe
specifically disclaims, and shall not be liable or responsible for,
any acts or omissions committed by any patron of a Tribal gaming facility.
§3500. "Gaming Facility" is any building in which Class
III gaming activities or gaming operations occur on Indian lands over
which the Tribe exercises jurisdiction.
§3550. "Gaming Operation" is any business enterprise
owned by the Tribe that offers and operates Class III gaming activities
on Indian lands over which the Tribe exercises jurisdiction.
§3600. "Governing Body" is the General Council of the
Tribe, acting in accordance with the tribe's custom and tradition, or
as such Council may be constituted under a Tribal constitution ratified
subsequent to the date of enactment of this Ordinance.
§3650. "Rejected Claim" is a Claim that the Tribe cannot
certify because Claimant has failed to comply with one or more procedural
requirements as provided herein, including deadlines for filing claims
or evidence supporting a claim.
§3700. "Tribal Council" is the body consisting
of the elected officers of the Redding Rancheria.
§3750. "Redding Rancheria, California" is the federally
recognized Indian tribe with jurisdiction over the Redding Rancheria
Indian Reservation.
§3800. "Redding Rancheria Indian Reservation" consists
of 30.89 acres located in Shasta County designated in the Tillie Hardwick
Stipulation, held in trust for the Redding Rancheria by the United States
of America.
Chapter 4. Claims Covered by this Ordinance.
§4000. Procedural and Substantive rights Created.
This Ordinance creates both procedures and substantive rights or causes
of action for redress of injuries to person or property proximately
caused by the negligent or intentional act(s) or omission(s) by an officer,
employee or agent of the Tribe on the premises of the tribe's Gaming
Facility or in connection with the operation of the tribe's Gaming Operation
if the Claimant has first complied with and exhausted the procedures
set forth in the tribe's "Claims against tribe's Ordinance"
§4100. Limitations of applicability. Except as otherwise
specifically provided herein, the Tribe shall be liable, with respect
to tort claims arising under this Ordinance, in the same manner and
to the same extent as the United States would be liable under like circumstances
pursuant to 28 U.S.C. §2674 (the Federal Tort Claims Act), but
shall not be liable for interest prior to judgment or for punitive or
exemplary damages. If, however, in any case wherein death was caused,
the law of the State of California provides, or has been construed to
provide, for damages only punitive in nature, the Tribe shall be liable
only for actual or compensatory damages, measured by the pecuniary injuries
resulting from such death to the persons, respectively, for whose benefit
the action was brought, in lieu thereof. With respect to any claim asserted
under this Ordinance, the Tribe shall be entitled to assert any defense
based upon judicial or legislative immunity which otherwise would have
been available to the officer, agent or employee of the Tribe whose
act or omission gave rise to the claim, as well as any other defenses
to which the Tribe is entitled. In no event shall the Tribe be held
liable for damages in excess of Five Million Dollars ($5,000,000.00),
and then only to the extent that such damages are covered by insurance
required under the terms of the tribe's Compact.
§4200. Settlement. The Tribal Council, or its designee,
in accordance with the terms of this Ordinance, may consider, investigate,
ascertain, adjust, determine, compromise, arbitrate, mediate, adjudicate,
and settle any claim for money damages against the Tribe for injury
or loss of property or personal injury or death occurring on the premises
of the tribe's Gaming Facility or in connection with the operation of
the tribe's Gaming Enterprise, caused by the negligent or wrongful act
or omission of any officer, employee, or agent of the Tribe (not including
an independent contractor) while acting within the scope of his or her
office, employment, or agency, under circumstances where the United
States, if a private person, would be liable to claimant in accordance
with the laws of the State of California as applied to the United States
under 28 U.S.C. §§2672 and 2674, as limited hereafter.
§4300. Liability of Dangerous Conditions. The Tribe
may be determined to be liable for injury caused by a dangerous condition
of its property only if the claimant establishes that the Tribal property
was in a dangerous condition at the time of the injury, that the injury
was proximately caused by the dangerous condition, that the dangerous
condition created a reasonably foreseeable risk of the kind of injury
that was incurred, and at either:
- a negligent
or wrongful act or omission or an officer, employee, or agent within
the scope of his or her office, employment, or agency created the
dangerous condition; or
- the Tribe had actual knowledge or constructive notice of the dangerous condition and sufficient time prior to the injury to have taken measures to remedy or protect against the dangerous condition.
Notwithstanding
the foregoing, nothing in this Ordinance creates any substantive right
to relief or consents to the maintenance against the Tribe of any Claim
based upon any act or omission on or near any property owned by the
Tribe of persons who are not officers, employees or agents of the Tribe
acting within the course and scope of their authority and/or employment.
The Tribe shall not be liable for injury or damage caused by a condition
of its property if it establishes that the act or omission that created
the condition was reasonable, based on weighing the probability and
gravity of the potential injury against the practicability and cost
of taking alternative action to prevent or protect against the risk
of injury, or if the Claimant knew or reasonably should have been aware
of the condition prior to sustaining the injury upon which the Claim
is based.
§4400. Measure of Damages. The Tribe shall not be liable
for interest prior to judgment or for punitive damages. In claims for
wrongful death, the Tribe shall be liable for actual or compensatory
damages, measured by the pecuniary injuries resulting from such death
to the persons for whose benefit the claim is brought. Claims for non-pecuniary
personal injury not involving death must be personal to the Claimant,
and shall be limited to $300,000. Claims for injury to or loss of property
shall be limited to the fair market value of the property immediately
preceding the moment of loss or injury.
§4500. Nothing in this Ordinance shall be construed to modify
or repeal any other Tribal Ordinance, Resolution, or practice regarding
workers' compensation or other employee insurance policy.
Chapter 5. Reserved.
Chapter 6. Claims Excluded By This Ordinance.
§6000. This Ordinance does not provide any remedy or forum
for alleged injuries caused by the issuance, denial, suspension or revocation
of, or by the failure or refusal to issue, deny, suspend or revoke,
any permit, license, certificate, approval, order, or similar authorization.
§6100. This Ordinance does not provide any remedy or forum
for alleged damages or injuries arising from actual or prospective contractual
relationships between the Tribe and other parties.
§6200. This Ordinance does not provide any remedy or forum
for claims against the Tribe for equitable indemnity or contribution
arising from third party litigation.
§6300. This Ordinance does not provide any remedy or forum
for claims against the Tribe for punitive or exemplary damages, or attorneys'
fees.
Chapter 7. Reserved.
Chapter 8. Recognized Trial Defenses.
§8000. Defenses Available. With respect to any Claim
to which this Ordinance applies, the Tribe shall be entitled to assert
any defense based upon judicial or legislative immunity which otherwise
would have been available to the employee or agent of the Tribe whose
act or omission gave rise to the claim, as well as any other defenses
to which the Tribe is entitled.
§8200. Injuries resulting from Good Faith Exercise.
This Ordinance does not provide any remedy for alleged injuries resulting
from any act or omission of an officer, employee, or agent that was
the result of the good faith exercise of the discretion vested in him
or her, or a result of the good faith execution or enforcement of any
Tribal, federal, or California ordinance, resolution, law, or rule.
§8300. Damages from Misrepresentation. This Ordinance
does not provide any remedy for alleged damages or injuries arising
from a misrepresentation by an officer, employee, or agent of the Tribe
unless such misrepresentation was a result of actual fraud, corruption,
or malice, and the Claimant reasonably relied upon such misrepresentation
to his/her detriment.
Chapter 9. Reserved.
Chapter 10. Exclusive Remedy.
§10000. Exclusive Remedy. This Ordinance provides
the exclusive procedure, forum, and remedy for pursuit of claims for
injury to or loss of property, personal injury or death. Except as expressly
provided herein, this Ordinance does not constitute a waiver of the
sovereign immunity of the Tribe or its officers, employees, and agents,
and the Tribe reserves all rights for itself and its officers, employees,
and agents not expressly waived by this Ordinance.
§10100. Null and Void. If any California or federal
court construes this Ordinance to constitute a waiver, in whole or in
part, of the tribe's sovereign immunity except in strict accordance
with the terms of this Ordinance, this Ordinance shall immediately and
without further action become null and void, retroactive to the day
prior to the incident or occurrence giving rise to such judicial decision.
Chapter 11. Reserved.
Chapter 12. Finality.
§12000. Tribal Council Approval. Except as otherwise
expressly provided herein, any Award, compromise, settlement, or determination
of a Claim under this Ordinance must be in writing and in good faith
approved by the Tribal Council.
§12100. Review By Arbitration Panel. Any Award, compromise,
settlement, or determination of a Claim under this Ordinance shall be
final and conclusive on the Tribe, except when procured by means of
fraud, and subject to the Claimant's right to have the rejection or
denial of a Claim or an Award reviewed by an Arbitration Panel. The
determination of an Arbitration Panel shall be final and conclusive
upon both the Claimant and the Tribe. The decision of an Arbitration
Panel may be enforced in the United States District Court for the Northern
District of California under the Federal Arbitration Act, 9 U.S.C. §1,
et seq.; provided, however, that neither an Arbitration Panel nor any
court shall have jurisdiction to award damages against the Tribe that
are not covered by a policy of liability insurance required under the
Compact, or in an amount that exceeds the limits of such policy.
§12200. Acceptance By Claimant. The acceptance by a
Claimant of any Award, compromise, settlement, or determination of a
Claim shall be final and conclusive on the Claimant. Said acceptance
shall constitute a complete release of any present or future claim arising
from the same or connected circumstances by the Claimant against the
Tribe and its employees and agents whose act or omission gave rise to
the Claim.
Chapter 13. Reserved.
Chapter 14. Presentation of Claims.
§14000. Compliance with "Claims and Actions Against Tribal Entities
and Tribal Officers and Employees. A Claimant must present their
claim in accordance with the "Claims Against tribe's" Ordinance §1000-1200
which outlines the proper presentation for any claims against the Tribe
and its entities, including the Gaming Facility.
§14100. Notice By Claimant Invoking Dispute Resolution Process.
If the Claimant has followed the procedures set forth in the "Claims
Against tribe's" Ordinance and the Claimant's claim falls under the
jurisdiction of this Ordinance, after the Tribal Council grants or denies
in whole or part the claim as outlined in §1400 of the "Claims
Against tribe's" Ordinance they may invoke the Appeal process set forth
in this Ordinance.
§14200. Filing Written Notice. After a Claimant receives
a "Notice of Rejection of a Claim" by the Tribal Council a Claimant
may appeal a "Notice of Rejection of Claim" by submitting a ''Notice
of Appeal of the Rejection'' to the Tribal Gaming Agency within thirty
(30) calendar days of the date of issuance of the "Notice of Rejection
of Claim", or, if no such notice is issued, between sixty (60) and ninety
(90) days after the Claim was not acted upon by the Tribal Council and
deemed denied within the prescribed period. The "Notice of Appeal of
Rejection" shall be accompanied by payment of a fee of one hundred fifty
dollars ($150).
Chapter 15. Reserved.
Chapter 16. Certification or Rejection of "Notice of Appeal or Claim".
§16000. Certification of Notice of Appeal or Claim filed
by Claimant. Within thirty (30) calendar days of the receipt
of a Claim invoking the Claimant's right to Appeal the Tribal Council's
decision, the Tribal Gaming Agency or its designated representative
shall determine whether:
- the
original Claim was received by the Tribal Council within the prescribed
amount of time outlined in §1400 of the "Claims Against tribe's"
Ordinance and the "Notice of Appeal" was received by the Tribal Gaming
Agency within the prescribed amount of time outlined in this Ordinance
in §14200 above;
- the
Claim as presented substantially complies with the described content
requirements outlined in the "Claims Against tribe's" Ordinance §1100
and 1150 and is signed under penalty of perjury;
- the
incident or occurrence alleged by the Claim occurred on the premises
of the tribe's Gaming Facility or in connection with the operation
of the tribe's Gaming Enterprise;
- the
alleged injury or damage may have been the proximate result of a negligent
or wrongful act or omission of any officer, employee, or agent of
the Tribe, or that such act or omission may have been a contributing
cause of the alleged injury or damage; and
- the Claim seeks a remedy available created by and available under this Ordinance.
These determinations
shall be made solely for the purpose of certifying the Claim for further
proceedings, and shall not constitute a determination of the merits
of the Claim.
§16100. Non-Certification of Notice or Appeal or Claim filed
by Claimant. If the Claim does not meet one or more of the above-listed
requirements, the Claim will not be certified. In such case the Tribal
Gaming Agency or its designated representative shall send to the Claimant
a written "Notice of Non-Certification of Claim" rejecting the claim
stating all grounds for the Tribal Gaming Agency's failure to certify
the claim. A Claim that is neither rejected nor certified by the Tribal
Gaming Agency within sixty (60) days after receipt of the Claim by the
Tribal Gaming Agency shall be deemed to have been denied.
§16200. Appeal of Non-Certification of a Claim. The
Claimant may appeal the notice of non-certification of Claim" by submitting
in writing the intention to Appeal the "Notice of non-certification
within thirty (30) calendar days from the letter of non-certification
of the Claim.
§16300. Convening Arbitration Panel. The Tribal Gaming
Agency then shall be responsible for convening an Arbitration Panel
to review the rejection. The Claimant and the Tribal Gaming Agency each
shall deposit one-half of the fees and costs for the Arbitration Panel
before the panel is convened. The prevailing party on appeal shall be
entitled to a refund of its portion of the advanced fees and costs,
and the non-prevailing party shall be obligated to pay the balance of
the fees and costs of the Arbitration Panel. The Claimant shall have
the burden of proving by a preponderance of admissible evidence that
rejection of the Claim was improper. All proceedings on such an appeal
shall be conducted on the basis of written declarations under penalty
of perjury, properly authenticated documentary evidence and written
arguments, in accordance with a schedule and procedural rules to be
established by the Arbitration Panel. No discovery shall be allowed
in such a proceeding. Appeals from rejected Claims shall be concluded
within ninety (90) days after the Arbitration Panel has been convened.
The determinations made by the Arbitration Panel shall be made solely
for the purpose of certifying the Claim for further proceedings, and
shall not constitute a determination of the merits of the Claim.
§16400. Arbitration Panel Certification of the Claim. If
the Claim is certified by the Arbitration Panel, the Tribe or its designated
representative shall send to Claimant no later than the sixty-fifth
(65th) calendar day after the receipt of the Claim a written
"Certification of Claim." The Claim thereupon shall be forwarded to
the Tribal Gaming Agency or its designated representative for such investigation
and fact finding as is reasonably necessary to evaluate the merits of
the Claim. In the absence of extraordinary circumstances such as the
unavailability of witnesses or non-cooperation of repositories of information,
investigation of the Claim should be concluded within sixty (60) days
after the Claim is certified.
Chapter 17. Reserved.
Chapter 18. Claim Investigation and Resolution.
§18000. Upon certification of a Claim, the Tribal Council
shall refer the Claim to the Tribal Gaming Agency.
§18100. Authorization for Rendering Decision. If a
Certified Claim on its face alleges special or general damages of one
hundred thousand dollars ($100,000) or less, the Tribal Gaming Agency
shall be authorized to render a final decision on the Claim, which decision
shall be binding on the Tribe and its insurer. For Certified Claims
alleging special or general damages in excess of one hundred thousand
dollars ($100,000), the Tribal Council shall render the final decision,
based upon findings of fact, conclusions of law and the recommended
decision of the Tribal Gaming Agency.
§18200. Conducting an Evidentiary Hearing. If requested
by the Claimant, the Tribal Gaming Agency shall conduct an evidentiary
hearing at which the Claimant may appear and present oral testimony
and documentary evidence in support of his/her claim. In its discretion,
the Tribal Gaming Agency may delegate the actual conduct of the hearing
to a presiding officer, who may either be a member of the Tribal Gaming
Agency or a third- party neutral retained through the American Arbitration
Association or other alternative dispute resolution agency or entity.
The Tribal Gaming Agency shall be authorized to prescribe rules of practice
and procedures for the presentation and hearing of Certified Claims.
Unless good cause to the contrary is found to exist, the Tribal Gaming
Agency shall convene the evidentiary hearing within one year after receiving
the Claimant's request for a hearing.
§18300. Pre-Hearing Discovery. The Tribal Gaming Agency
shall permit such pre hearing discovery as it may deem reasonably necessary
to ensure presentation of sufficient information to enable the Tribal
Gaming Agency to ascertain the relevant facts and applicable law. The
Federal Rules of Civil Procedure shall be used as a guideline for the
conduct of discovery, although the Tribal Gaming Agency need not adhere
in every respect to those Rules in authorizing depositions, written
interrogatories and production of other forms of evidence.
§18400. Hearing Procedure. At the evidentiary hearing,
a representative of the Tribe or the tribe's insurer may cross-examine
any witnesses presented by the Claimant, and offer rebuttal evidence.
The Claimant shall be entitled to cross-examine any witnesses presented
by the Tribe or the tribe's insurer. Admissibility of evidence shall
be determined in accordance with the Federal Rules of Evidence, and
the Claimant shall have the burden of proving by a preponderance of
the evidence both that the Tribe is liable for the Claimant's injuries
and the compensation due therefor. Within sixty (60) days after the
conclusion of the evidentiary hearing, the Tribal Gaming Agency shall
issue written findings of fact, conclusions of law and a recommended
decision to the Tribal Council. The Tribal Council shall allow the mount
justly due Claimant. Unless good cause to the contrary is found by the
Tribal Council, the Tribal Council shall adopt the recommendation from
the Tribal Gaming Agency and issue its final decision on a Certified
Claim within ninety (90) days after receiving the Tribal Gaming Agency's
findings of fact, conclusions of law and recommended decision.
§18500. Appeals. Either the Claimant or the Tribe
may appeal a final decision as to liability or the amount of damages
awarded issued by the Tribal Gaming Agency, based upon the evidentiary
record presented to the decision-making body. An appeal shall be initiated
by the filing of a Notice of Appeal with the Tribal Gaming Agency or
the Tribal Council, whichever body rendered the final decision, within
thirty (30) days after mailing of the final decision to the Claimant.
Appeals shall be to an Arbitration Panel consisting of three arbitrators
selected under the auspices of the American Arbitration Association
("AAA"). The arbitration panel shall process the appeal in accordance
with the Commercial Arbitration Rules of the AAA, and shall decide the
appeal according to the same standard of appellate review that would
apply to the review of an analogous decision of a federal district court
by a federal court of appeals. Each party shall bear its own costs,
and the fees and costs of the arbitrator shall be shared equally by
the parties.
§18600. Appeals from awards or denials of employee claims
for work-related injuries. If an employee is dissatisfied with
the final award rendered under the Redding Rancheria 5 system of insurance
and self-insurance for employee work-related injuries, the employee
may appeal that award in accordance with the same procedures, and to
the same appellate body, as set forth in Subsection §18500 above,
and the appellate body shall decide the appeal in accordance with the
same rules and standards, and with the same enforceability, as set forth
in said Subsection §18400.
Chapter 19. Reserved.
Chapter 20. Payment of Awards and Attorney Fees.
§20000. Amounts in Excess of Insurance Policy Limits. The
Tribe shall not be obligated to pay any award that is not covered by,
or exceeds the policy limits of; the tribe's liability insurance. The
Tribe or the tribe's insurer shall pay any cognizable award in the same
manner and at the same time as judgments rendered in the courts of the
United States.
§20100. Attorneys Fees in relation to Award. No attorney
representing a Claimant pursuant to this Ordinance shall charge, demand,
receive, or collect from the Claimant for services rendered on the Claim,
fees in excess of twenty-five percent (25%) of any judgment, settlement,
or award rendered or paid by the Tribe or its insurer to the Claimant.
Each attorney who appears on behalf of a Claimant must attest under
penalty of perjury to his/her compliance with the limitations set forth
in this paragraph. By making such attestation, the attorney agrees that
if the attestation is false, the Tribe may bring an action against the
attorney in either state or federal court to recover the amount of any
fees actually charged to the Claimant.
§20200. Awarding Attorney's Fees. The Tribe, in its
sole discretion, may award a successful Claimant attorneys' fees and
costs, subject to the limits of §18100 above, based on the equities
and circumstances of the Claim.
Chapter 21. Reserved.
Chapter 22. Effective Date.
This Ordinance shall be deemed to have taken effect upon the date of
publication in the Federal Register of a notice that the Secretary of
the Interior has approved or is considered to have approved the Tribal-State
Class III Gaming Compact between the Redding Rancheria, California and
the State of California. This Ordinance does not have jurisdiction for
claims that arose prior to the date of the publication in the Federal
Register of the notice that the Secretary of the Interior approved the
Tribal-State Gaming Compact.
CERTIFICATION
We, the
undersigned duly elected officials of the Redding Rancheria, do hereby
certify that the foregoing Ordinance was adopted at a duly called meeting
of the General Council of the Redding with a quorum present on the 13
day of June 2000, by a vote of 32 for, 0 against,
0 abstaining.
|
/s/
|
Dated:
6-19-00
|
|
/s/
Tribal Secretary [Hope Wilkes] |
Dated:
6-19-00
|
Present Council
1. Chairman - Leon Benner
2. Vice Chairperson - Tracy Edwards
3. Secretary - Hope Wilkes
4. Treasurer - Don Benner
5. Councilperson - Debra Sarot
6. Councilperson - Patty Spaulding
7. Councilperson - Bob Foreman
8. Alternate - Carla Maslin
9. Alternate - Bobby Foreman Jr.
10. Alternate - Gary Hayward