No action may be brought in Tribal Court for monetary damages under this Title and no claim shall be valid for monetary damages under this Title unless the person who claims to have suffered a tort shall, prior to the filing of any Court action, send a written notice of the claim for monetary damages by certified mail return receipt requested to the Port Gamble S’Klallam Tribal Council and to the Office of the Tribal Attorney.
The written notice shall include the following:
(a)
The name, current address, and telephone number of the claimant and the name, current address, and telephone number of the claimant’s attorney, if any;
(b)
A concise statement of the factual basis of the claim, including the date, time, place, and circumstances of the act, omission, or condition that is alleged to have brought about the tort;
(c)
A description of the nature and extent of the injury claimed to have been suffered;
(d)
The name of any Tribal employee, agent, or official involved, if known, and the name, address, and telephone number, if known, of any other person involved or who has knowledge of the circumstances, facts, or injury; and
(e)
The amount of monetary damages requested.
In the case of any claim where the claimant alleges a tort was caused by the act or omission of any Tribal authority, corporation, or enterprise, the written notice required by this Section shall also be given to the chief executive officer of such Tribal authority, corporation, or enterprise. |
To be valid under this Title, the written notice of claim for monetary damages required by this Section must be given no later than one hundred and eighty (180) calendar days after the act or omission occurred that gave rise to the tort claim. The written notice of claim for monetary damages shall be conclusively deemed given and effective as of the date of the postmark on the written notice that the claimant sends by certified mail. Claimant must send the written notice with a return receipt request and provide proof of such return receipt. |
(Res. 15-A-169, 12/9/2015)