ORDINANCE
16.05. AMOUNT OF LIABILITY.
(1) Liability of any tribal body or its officers, employees or agents
acting within the scope of their employment or duties on claims within the
scope of 16.01 to 16.27 shall not exceed:
(a) $ 100,000 to any claimant for any number of claims for damage
to or destruction of property, including consequential damages, arising out
of a single accident or occurrence.
(b) $100,000 to any claimant as general and special damages for
all other claims arising out of a single accident or occurrence unless those
damages exceed $100,000, in which case the claimant may recover
additional special damages, but in no event shall the total award of special
damages exceed $100,000.
(c) $500,000 for any number of claims arising out of a single
accident or occurrence.
(2) No award for damages on any claim under this Ordinance shall
include punitive damages. The limitation imposed by this section on
individual claimants includes damages claimed for loss of services or loss
of support arising out of the same tort.
(3) Where the amount awarded to or settled upon multiple claimants
exceeds $500,000, any party may apply to the Siletz Court of Appeals to
apportion to each claimant the proper share of the total amount limited by
subsection (1) of this section. The share apportioned each claimant shall
be in the proportion that the ratio of the award or settlement made to the
claimant bears to the aggregate awards and settlements for all claims
arising out of the occurrence.
(4) Liability of any tribal body and one or more of its officers,
employees or agents, or two or more officers, employees or agents of a
tribal body, on claims arising out of a single accident or occurrence, shall
not exceed in the aggregate the amounts limited by subsection (1) of
this section.
(5) To the extent the Tribe or any tribal body possesses third party
insurance coverage and is not self-insured, which insurance covers a
particular claim made pursuant to this Ordinance, the maximum liability to
which the tribal body may be subjected under this Ordinance will be the
policy coverage limits available under such insurance. Third party insurance
coverage and policy limits will be disclosed by the Tribe or tribal body to a
claimant under this Ordinance, upon written request.
(5) In an action arising from any act or omission of a tribal body or
an officer, employee or agent of a tribal body within the scope of 16.01 to
16.27, the plaintiff has the burden of proving that notice of claim was given
as required by this section.
(6) An action arising from any act or omission of a tribal body or an
officer, employee or agent of the Tribe within the scope of this Ordinance
shall be commenced within two years after the event causing the alleged
loss or injury occurred.
16.11. INSURANCE AGAINST LIABILITY;
SELF-INSURANCE ALLOCATION.
(1) The Tribe may procure third party insurance against liability of
the Tribe, tribal bodies and its officers, employees and agents acting within
the scope of their employment or duties, and in addition to, or in lieu thereof,
may establish a self-insurance fund against such liability of the Tribe, tribal
bodies and its officers, employees and agents. To the extent the Tribe or a
tribal body is covered by third party insurance for any acts or omissions
within the scope of this Ordinance, the liability limits for such acts or
omissions shall be the policy limits of such third party insurance coverage.
(2) When a tribal body or employee, officer or agent of a tribal body
is found liable under this Ordinance, damages are awarded to the claimant
and the claim is covered by the Tribe's self-insurance coverage and not by
third party insurance coverage, the Tribal Council may direct, in appropriate
cases, that the Tribe’s self-insurance fund be replenished from the budget
of the tribal body which was found liable in that case.
16.13. THE TRIBE SHALL INDEMNIFY TRIBAL OFFICERS;
PROCEDURE FOR REQUESTING COUNSEL; EXTEND OF DUTY OF
THE TRIBE; OBLIGATION FOR JUDGMENT AND ATTORNEY FEES.
(1) The Tribe shall defend, save harmless and indemnify any of its
officers, employees and agents, whether elective or appointive, against
any tort claim or demand, whether groundless or otherwise, arising out of
an alleged act or omission occurring in the performance of duty.
(2) The provisions of subsection (1) of this section do not apply in
case of malfeasance in office or willful or wanton neglect of duty.
(3) If any civil action, suit or proceeding is brought against any
tribal officer, employee or agent which on its face falls within the provisions
of subsection (1) of this section, or which the tribal officer, employee or
16.07. NOTICE OF CLAIM; TIME OF NOTICE; TIME OF ACTION.
agent asserts to be based in fact upon an alleged act or omission in the
(1) No action arising from any act or omission of a tribal body or an
performance of duty, the tribal officer, employee or agent may, after
officer, employee or agent of a tribal body within the scope of 16.01 to
consulting with the General Manger file a written request to the Tribal Council
16.27 shall be maintained unless notice of claim is given as required by
for assistance of counsel. The Tribal Council will appoint counsel to represent
this section.
the officer, employee or agent in that action, suit or proceeding. The appointed
(2) Notice of claim shall be given within the following applicable
counsel shall thereupon appear and defend the officer, employee or agent
period of time, not including the period, not exceeding 90 days, during
unless, after reasonable investigation, the appointed counsel finds that the
which the person injured is unable to give the notice because of the injury
claim or demand does not arise out of an alleged act or omission occurring
or because of minority, incompetency or other incapacity:
in the performance of duty, or that the act or omission complained of
(a) For wrongful death, within one year after the alleged loss or
amounted to malfeasance in office or willful or wanton neglect of duty. In
injury.
such case, the appointed counsel shall report such findings to the Tribal
(b) For all other claims, within 180 days after the alleged loss or
Council, who shall then decide whether or not to reject defense of the claim
injury.
by the Tribe on the employee, officer, or agent’s behalf.
(3) Notice of claim required by this section is satisfied by:
(4) Any officer, employee or agent of the Tribe against whom a
(a) Commencement of an action in tribal court on the claim by or
claim within the scope of this section is made shall cooperate fully with the
on behalf of the claimant within the applicable period of time provided in
appointed counsel, the General Manager, and other designated or delegated
subsection (2) of this section; or
persons in the defense of such claim. If the appointed counsel, after
(b) Payment of all or any part of the claim by or on behalf of the
consulting with the General Manager, determines that such officer,
tribal body at any time.
employee or agent has not so cooperated or has otherwise acted to prejudice
(c) A written notice of claim from a claimant or representative of a
defense of the claim, the appointed counsel may at any time report such
claimant to the General Manager of the Tribe containing:
actions to the Tribal Council, who may reject the defense of the claim by
(i) A statement that a claim for damages is or will be asserted
the Tribe on behalf of the employee, officer or agent.
against a tribal body or an officer, employee or agent of the Tribe;
(5) If the Tribal Council rejects defense of a claim under subsections
(ii ) A description of the time, place and circumstances giving rise
(3) or (4) of this section, no tribal funds shall be paid in settlement of said
to the claim, so far as known to the claimant; and
claim or in payment of any judgment against such officer, employee or
(Hi) The name of the claimant and the mailing address to which
agent. Such action by the Tribal Council shall not prejudice the right of the
correspondence concerning the claim may be sent.
officer, employee or agent to assert in appropriate proceedings that the
(4) Notice of claim shall be given by certified mail or personal
claim or demand in fact arose out of an alleged act or omission occurring in
delivery to the General Manger of the Tribe only. A copy of the claim must
the performance of duty, that the act or omission complained of did not
be served on the tribal body or on the tribal body, if known, in which the
amount to malfeasance in office or willful or wanton neglect of duty, or that
employee, officer or agent is employed, by certified mail with return
receipt requested.
(See Ordinance on page 22)
16