[1]
Note: Title 29 Torts Ordinance was created to allow the Port Gamble S’Klallam Tribe to waive its sovereign immunity under specific circumstances to allow a tort lawsuit to take place in tribal court. Where a claimant prevails in tribal court, the court may award the claimant up to the maximum of the Tribe’s insurance coverage.
The Port Gamble S’Klallam Tribe provides a broad range of governmental services to promote the health, safety, welfare, and economic security of Port Gamble S’Klallam community members and visitors who enter on to Port Gamble S’Klallam lands.
The Port Gamble S’Klallam Tribal Council:
(a) 
Recognizes that the Tribe is immune from suit, except to the extent such immunity is expressly waived, and that Tribal sovereign immunity serves an important function in preserving limited Tribal resources so that the Tribe can continue to provide governmental services which promote the health, safety, welfare, and economic security for Port Gamble S’Klallam Tribe’s community members and visitors who enter on to the Port Gamble S’Klallam Tribe’s lands; and
(b) 
Declares that the purpose of this Title is to establish a limited waiver of Tribal sovereign immunity consistent with the ability of the Tribe to continue:
(1) 
To provide governmental services which promote the health, safety, and economic security of residents and visitors to the Port Gamble S’Klallam Tribe’s lands, and
(2) 
To provide a remedy to private persons who are injured by negligent or wrongful acts or omissions of the Tribe or its agents, employees, or officers.
(Res. 15-A-169, 12/9/2015)
Words in this chapter shall have the meaning given to them in this section unless the context clearly indicates another meaning. If the meaning of a word is not clear, the Community Court shall construe the meaning of the word in harmony with the purpose of this chapter.
(a) 
“Agent”
means any person, whether paid or unpaid, acting on behalf of the Tribe.
(b) 
“Employee”
means any person hired by the Tribe, whether full-time, part-time, permanent, or temporary, whose wages are subject to reporting by way of IRS for W-2.
(c) 
“Officer” or “Official”
means an officer, whether elected or appointed, whether paid or unpaid, acting on behalf of the Port Gamble S’Klallam Tribe.
(d) 
“Tort”
means physical injury to a person, death, or physical damage to or loss of property of whatever kind, which, if caused by the negligent or wrongful act or omission of a private person would be a tort under Tribal law, applicable federal law, and, to the extent consistent with Tribal law, substantive tort laws of the State of Washington that are in effect as of the date of this ordinance, codified in this Title, regardless of the form or type of action or of the form of relief sought by the claimant.
(e) 
“Tribal Court”
means the court established under the Port Gamble S’Klallam Tribe’s Constitution.
(f) 
“Tribal Law”
means the Constitution of Port Gamble S’Klallam Tribe, the Port Gamble S’Klallam Tribe’s Law and Order Code, any legislative enactments adopted by the Port Gamble S’Klallam Tribal Council, and the decisions of the Tribal Community Court.
(g) 
“Tribe”
means the Port Gamble S’Klallam Tribe, including but not limited to any branch, office, department, agency, commission, utility, authority, instrumentality, enterprise, or corporation whether chartered under tribal law or federal law, but excluding for purposes of this Title corporations chartered under the law of any state.
(Res. 15-A-169, 12/9/2015)
If the Tribal Court declares any part or parts of this Title to be invalid, then all valid parts that are severable from the invalid part(s) remain in effect. If the Tribal Court declares invalid an application of this Title to any person or circumstance, such invalidity shall not affect application of this Title to any other person or circumstance. The provisions of this Title are declared to be severable.
(Res. 15-A-169, 12/9/2015)
This Title shall be retroactive to claims arising three (3) years prior to the date of enactment, provided that time limitations for filing of claims arising prior to the date of enactment of this Title shall begin to run sixty (60) days after the date of enactment.
To expressly state that it does not amend or repeal any other provision of the Law and Order Code that provides an administrative remedy to any person and that such remedies are presumed to be exclusive.
(Res. 15-A-169, 12/9/2015)