Section GOV.02.01 — Findings

(a) Recognizing that there is a need to protect and preserve the sovereign immunity of the Stockbridge-Munsee Community, the Stockbridge-Munsee Tribal Council finds:

(1) That Article VII, Section l (f) of the Stockbridge-Munsee Community Constitution and By-Laws (approved November 18, 1937), as amended, provides in part that the Tribal Council has the power: "To promulgate and enforce ordinances, subject to the approval of the Secretary of the Interior, governing the conduct of members of the Community and establishing proper agencies for law enforcement of the Community," and this provision authorizes the Tribal Council to create an ordinance regarding protection of the sovereign immunity of the Stockbridge-Munsee Community; and

(2) That the Stockbridge-Munsee Community has immunity from suit pursuant to the well settled doctrine of sovereign immunity and desires to preserve and protect this immunity; and

(3) That the Stockbridge-Munsee Community desires to clarify the process by which it may waive the defense of sovereign immunity.