TCT.1.3.030 Waiver of Sovereign Immunity

(a) All waivers of sovereign immunity shall be made in accordance with this ordinance.

(b) A limited waiver of sovereign immunity of the Tribe or a Tribal Entity may be effected:

(1) by express resolution of the Tribal Governing Board;

(2) by motion of the Tribal Governing Board in adoption of an employment agreement encompassing a limited waiver of sovereign immunity for purposes of enforcement of the terms of the employment agreement in tribal court; or

(3) by express resolution of the Tribal Governing Board authorizing a limited waiver of immunity to a Tribal Entity to sue and be sued in the Tribal Entities corporate name, upon any contract, claim or obligation arising out of its activities under ordinance or charter, and limited to the liability for the debts or obligations of the Tribal Entity.

(c) Only through express resolution of the Tribal Governing Board, shall the Tribe provide a limited waiver of its sovereign immunity to permit Tribal officers, employees, or agents to testify as witnesses or to produce documents following receipt of a subpoena from a court of competent jurisdiction or a duly authorized official.

(1) A limited waiver of sovereign immunity to allow testimony and production of documents shall not extend to and shall not be deemed to include any testimony or the production of any documents which are not directly relevant to the limited purposes expressed in the waiver.

(d) A limited waivers of sovereign immunity shall not be general but shall be specific and limited as to duration, grantee, transaction, assets subject to the waiver, the court having jurisdiction, and applicable law.

(e) No waiver of sovereign immunity shall be deemed to be consent to the levy of any judgment, lien, or attachment upon Reservation Land(s).