Siletz news /, March 01, 2000, Page 30, Image 30

It s Happening at Chinook Winds ...
by Teresa Miller
Newport Woman Wins “Shop ‘Til You
Drop” Shopping Spree
A large crowd filled the main floor of Chinook Winds
Casino for the grand prize drawing of a $10,000 gift certificate
to the Factory Stores @ Lincoln City in the “Shop Til You Drop”
promotion on Jan. 30
The promotion began in November and promoted
numerous participating motels and businesses in Lincoln City,
including the casino and the outlet stores. The drawing bin
held thousands of entry forms for the promotion, in which the
winner had to be present to claim the prize.
As luck would have it, the second name drawn was
that of Helen Wood from Newport. Security guards escorted
an excited Wood across the casino’s main gaming to claim
her $10,000 grand prize.
A patron of Chinook Winds since the very beginning of
the temporary (tent) facility, Wood said “Let’s thank God!” when
she reached the drawing stage. She says she plans on treating
herself first to a shopping spree and then, of course, her
children and grandchildren.
Originally from Los Angeles, Wood settled into
retirement in Newport 20 years ago.
Ordinance, con’t from page 22
16.21. CONTRACT AND OTHER ACTIONS AND SUITS AGAINST
THE TRIBE OR TRIBAL BODIES.
(1) A suit or action may be maintained against the Tribe by and
through and in the name of the appropriate tribal body upon a contract
made by the Tribe or by such tribal body and within the scope of its authority;
provided, however, that a valid resolution, approved by a majority of the
Tribal Council was passed and expressly waives the sovereign immunity
of the Tribe from suit for the specific contractual cause of action brought by
the party against the Tribe or tribal body.
(2) In the event a contract has been entered into by a tribal body
within the scope of its authority and such contract waives or purports to
waive the sovereign immunity of that tribal body, that tribal body shall be
responsible for defending any claim made against it under such contract
pursuant to the authorization granted in this section. The Tribe may, at its
option and in its sole discretion, substitute itself on behalf of a tribal body
in defending a contract claim made under this section, n such case, the
Tribe shall assume the position and role of the tribal body, and such
substitution shall not constitute a waiver of the Tribe’s separate sovereign
immunity, and such claim shall be tried solely upon the waiver or purported
waiver of sovereign immunity of the tribal body. Any award made under this
subsection shall be entered against the tribal body and shall be payable
only by the tribal body and not by the Tribe.
16.22. SATISFACTION OF JUDGMENT AGAINST
TRIBAL CORPORATION.
(1) If judgment is given for the recovery of money or damages
against the Tribe or a tribal body mentioned under section 16.21, no execution
shall issue thereon for the collection of such money or damages, but the
judgment shall be satisfied as follows:
(a) The party in whose favor the judgment is given may, at any
time thereafter, when an execution might issue on a like judgment against
a private person, present a certified transcript of the docket thereof, to the
Tribal Council who is authorized to draw orders from tribal funds thereof.
(b) On the presentation of the transcript, the Tribal Council shall
pass a resolution directing the___________________ to draw an order for
the amount of the judgment, in favor of the party for whom the judgment
was given. Thereafter, the order shall be presented for payment, and paid,
with like effect and in like manner as other orders upon the
___________ ______ of the Tribe.
30
Diane Kusz, Factory Stores @ Lincoln City; Roger
Robertson, emcee; Helen Wood, shopping spree winner;
and Brenda Hovis, marketing director at Chinook Winds.
(c) The certified transcript provided for in subsection (1) of this
section shall not be furnished by the clerk, unless at the time an execution
might issue on the judgment if the same was against a private person, nor
until satisfaction of the judgment in respect to such money or damages is
acknowledged as in ordinary cases. The clerk shall include in the transcript
a memorandum of such acknowledgment of satisfaction and the entry
thereof. Unless the transcript contains such a memorandum, no order upon
the
shall issue thereon.
(d) Any judgment entered against a tribal body under the provisions
of this section shall be payable only from the funds or assets of such tribal
body, unless the Tribal Council, by resolution, expressly agrees that the
Tribe shall assume such liability on behalf of the tribal body.
16.23. PROHIBITION OF CONFIDENTIAL SETTLEMENTS AND
COMPROMISES; EXCEPTION.
(1) Neither the Tribe, nor the tribal body, officer, employee or agent
of a the Tribe, who is a defendant in an action under sections 16.01 to
16.27, shall enter into any settlement or compromise of the action if the
settlement or compromise requires that the terms of the settlement or
compromise be confidential.
(2) Notwithstanding subsection (1) of this section, the Siletz Tribal
Court may, after an expedited examination in chambers, order that terms
and conditions of a settlement or compromise of an action be confidential
if the court determines, by written findings, that specific privacy interests
of a private individual outweigh the Tribe’s interest in the terms of the
settlement or compromise.
(3) The Tribe and any tribal body, or officer, employee or agent of a
tribal body, who is a defendant in an action under sections 16.01 to 16.27,
shall file with the court a full and complete disclosure of the terms and
conditions of any settlement or compromise of the claims against the Tribe
or tribal body, its officers, employees or agents. The disclosure shall be
filed prior to the dismissal of the action.
(4) For the purposes of this section:
(a) Action means a legal proceeding that has been commenced
as provided in the Siletz Tribal Court Rules and Procedures; and
(b) “Tribal body” has the meaning given in § 16.01(5)
(c) ‘Tribe’’ has the meaning given in § 16.01 (6).
16.28. CIVIL CLAIMS AGAINST THE SILETZ TRIBE UNDER THE
INDIAN CIVIL RIGHTS ACT.
The Tribe is subject to actions for violations of an individual’s rights
by the Tribe, a tribal body, or a tribal employee, officer or agent under the
Indian Civil Rights Act, as enumerated in 25 U.S.C. § 1302 and § 1.21 of
the Siletz Tribal code, in the Siletz Tribal Court.
(See Ordinance on page 31)