Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

TUC.2.2.120 Standard of Care.

(a) Commissioners shall perform the duties of the Board of Commissioners, including duties as a Commissioner of any committee of the Board of Commissioners on which the Commissioner may serve, in good faith, in a manner that such Commissioner believes to be in the best interest of the Tribe and its members and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances.

(b) A person who performs the duties of a Commissioner shall have no liability to the Tribe, any other Commissioner or any other person based upon any failure or alleged failure to discharge that person's obligations as a Commissioner, including, without limiting the generality of the foregoing, any actions or omissions that exceed or defeat a public or charitable purpose to which the Authority, or assets held by it, are dedicated. Nothing herein shall be construed to limit the liability of any Commissioner acting outside the scope of his or her duties and responsibilities as a Commissioner.

(c) Commissioners must avoid conflicts of interest and shall exercise reasonable prudence and diligence in identifying actual or possible conflicts of interest. A Commissioner shall recuse his or herself in any matter or decision in which one or more of the Commissioners or their employers has a material financial interest, a familial interest, or any other interest that creating a reasonably foreseeable conflict preventing the Commissioner from exercising sound and objective judgment over the matter in question.