(1) Knowingly permitting Spokane Tribe Enterprises to enter into a business transaction
with the Director, Officer, Manager, or employee, or a member of immediate family of
the Director, Officer, Manager, or employee, or with any organization in which the
Director, Officer, Manager, or employee, or such family member, has a substantial
interest or holds a management position, without having previously disclosed such
interest to the persons approving the transaction; or
(2) Taking actions as a Director, Officer, Manager, or employee for the purpose of
conferring personal benefit upon the Director, Officer, Manager or employee, or their
immediate family; or
(3) Taking actions as a Director, Officer, Manager, or employee that are criminal; or
(4) Taking actions in any capacity that are in willful disregard of the obligations of the
Director, Officer, Manager, or employee.
(e) Spokane Tribe Enterprises shall indemnify and hold harmless each Director, Officer, Manager, or
employee against the actual and reasonable expenses incurred by the Director, Officer,
Manager, or employee in connection with any claim or proceeding against a Director, Officer,
Manager, or employee arising from their actions as a Director, Officer, Manager, or employee,
provided the Director, Officer, Manager, or employee has been successful on the merits or
otherwise in defense of such claim.
(f) Any indemnification under subsection 43-10.01(e), unless ordered by the Court, shall be made
only:
(1) Upon a majority vote of a quorum of Directors not parties to such claim or proceeding;
or
(2) If a decision cannot be made by the Board, then by the Tribal Council.
Legislative History - Adopted 10/31/07, Resolu 2008-065
43-19.03 Sovereign Immunity. As an entity established and wholly owned by the Spokane Tribe, Spokane
Tribe Enterprises shall be entitled to all the protections and immunities afforded by the laws of the Spokane
Tribe and the United States; and nothing in this Chapter shall be construed as a general waiver of the
sovereign immunity of the Spokane Tribe or the Spokane Tribe Enterprises; provided, however, that the
Board, subject to the powers reserved in this Chapter by the Tribal Council, may enter into agreements that
waive the right of the Enterprise to raise the defense of sovereign immunity to suit pursuant to sections 435.01(e)-(g), herein, and solely in the Spokane Tribal Court.
Legislative History - Adopted 10/31/07, Resolu 2008-065
Section 43-21 Miscellaneous Provisions
43-21.01 Fiscal Year. The fiscal year of Spokane Tribe Enterprises shall be the same as the fiscal year for
the Spokane Tribe, currently established as 1 October to 30 September of the following year.
Legislative History - Adopted 10/31/07, Resolu 2008-065
43-12.03 Bonding. The Directors, Officers, Managers, and all employees of the Enterprises who handle
money shall be bonded.
Legislative History-Adopted 10/31/07, Resolu 2008-065
43-21.05 Conflict of Interest and Duty of Loyalty.
(a) Conflict of Interest. Directors and Officers of the Enterprises shall excuse themselves from
voting or participation in any Board discussion concerning an issue wherein the Director or
Officer, or the immediate family of the Director or Officer, has a business or personal interest or
conflict of interest.
(b) Duty of Loyalty. When exercising the powers and duties of their employment, Directors,
Officers, Managers, and employees of the Enterprises shall owe a standard duty of loyalty to
both the enterprise by which they are employed; to the Spokane Tribe Enterprises, in general;
and to the Spokane Tribe of Indians and its members.
Legislative History - Adopted 10/31/07, Resolu 2008-065
43-21.07 Licensing and Regulation.
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Revised Spokane Law & Order Code, 5/14/2013