(a)
The sovereign immunity of the Tribe is hereby waived for tort claims brought in accordance with this Title. This waiver is subject to all of the restrictions, limitations, and procedures set forth in this Title. This Title is to be strictly construed, and all restrictions, limitations, and procedures are to be adhered to strictly. The Port Gamble S’Klallam Tribe does not make any waiver of any kind beyond or outside the limitations and restrictions of this Title.
(b)
The Tribe consents to suit in the Tribal Court for suits based on tort claims under this Title. The Tribe does not consent to suit in any other forum for such claims and specifically preserves and retains its sovereign immunity to any tort suit in any other forum.
(c)
No judgment, order, or award pertaining to any claim for monetary damages permitted by the Tribe shall exceed the limits of valid and collectible liability insurance policy or policies carried by the Tribe at the time that an act or omission occurs that gives rise to a claim. Deductible amounts within a liability insurance policy shall be included to the extent appropriated and budgeted by the Tribal Council or by any Tribal commission, utility, authority, corporation, or enterprise.
(d)
Any judgment, order, or award of monetary damages may only be satisfied under the express terms of the policy of policies of liability insurance or established self-insurance which is or are in effect at the time of such judgment, order, or award.
(e)
In the case of any claim where the claimant alleges that a tort was not caused by the act or omission of the Tribe, but was instead caused by the act or omission of any Tribal commission, utility, authority, corporation, or enterprise, or by any agent, employee, or officer within the scope of their authority of such Tribal commission, utility, authority, corporation, or enterprise, the claimant may only bring a claim against the Tribal commission, utility, authority, or enterprise that the claimant alleges caused the act or omission. Where the claimant alleges that an employee, agent, or officer of a Tribal commission, utility, authority, or enterprise caused a tort through an act or omission, the claimant may only bring a claim against the Tribal commission, utility, authority, or corporation that is connected to the employee, agent, or officer.
(f)
Notwithstanding any other provision of this Title, there shall be no exception to or waiver of the Tribe’s sovereign immunity as to any tort claim that is defended by the United States because such claim is deemed a claim against the United States under the Indian Self-Determination and Education Assistance Act, the Federal Tort Claims Act, or any other federal law.
(g)
Notwithstanding any other provision of this Title, there shall be no exception to or waiver of the Tribe’s sovereign immunity for any claim for monetary damages for any tort alleged to have resulted from any:
(1)
Action taken or decision made in good faith and without gross negligence in carrying out the law;
(2)
Intentional tort, including but not limited to assault, false imprisonment, malicious prosecution, abuse of process, libel, slander, defamation, misrepresentation, deceit, interference with contract rights, or interference with prospective economic advantage;
(3)
Legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature, such as but not limited to adopting or failing to adopt a law;
(4)
Issuance, denial, suspension, or revocation of, or the failure or refusal to issue, deny, suspend, or revoke any permit, license, certificate, approval or other authorization;
(5)
Termination or reduction of benefits under a Tribal assistance program if the Tribe or any agent, employee, or officer of the Tribe is authorized by law, rule, or regulation to determine whether such authorization or benefits should be issued, denied, suspended, or revoked;
(6)
Probation, furlough, or release from confinement of a prisoner or other detainee or from the terms and conditions or the revocation thereof except upon a showing of gross negligence;
(7)
Injury or damage caused by an escaping or escaped person or prisoner, or a person resisting arrest except upon a showing of gross negligence;
(8)
Decision made by the Tribe or any agent, employee, or officer of the Tribe in the implementation of any laws respecting the placement or supervision of minors or incompetent persons;
(9)
Claim based upon an act or omission of any agent, employee, or officer of the Tribe exercising due care, in the execution of any statute, rule, or regulation, whether such statute, rule, or regulation is currently valid;
(10)
Claim based on the assessment or collection of any tax or the seizure and detention of any goods or merchandise by any law enforcement officer;
(11)
Claims for on-the-job injuries that are covered by workmen’s compensation;
(12)
Claims related to unemployment compensation or employment decisions; and
(13)
Claims for breach of contract rather than tort claims.
The enumeration of the above immunities shall not be construed to waive any other immunities nor to assume any liabilities except as explicitly provided by the Tribe by law or pursuant to a contract to which the Tribe is a party.
(Res. 15-A-169, 12/9/2015)