“Absolute immunity” means a personal immunity defense that bars any action against an individual in the conduct of their position, employment, or office, even for actions taken maliciously or in bad faith.

“Council” means the business council of the tribe as established by the tribe’s Constitution.

“Elected official” means the chairperson, vice-chairperson, secretary, treasurer, council members and any other officer now or in the future that is elected to office by an election of the members of the tribe.

“Employee” means a person employed by the tribe or a tribal entity for the purpose of providing tribal governmental services, programs, or employment.

“Individual capacity suit,” sometimes referred to as a “personal capacity suit,” means a claim that seeks to impose personal liability on an individual for the individual’s actions taken under the color of law.

“Key employee” means a person employed in the operation of a tribal entity in a supervisory or management capacity that is empowered to make discretionary decisions regarding the operation of the tribal entity. For purposes of this title, a “key employee” is included in the definition of “employee.”

“Officer” means a person who has been appointed by the council to hold an office with the tribe.

“Official capacity suit” means a claim that is treated as a claim against the governmental entity that an individual represents.

“Tribal entity” means any entity created and owned by the tribe for economic or governmental purposes and any entity that is controlled by the council. For purposes of this title, an entity shall be deemed to be controlled by the council if a majority of the persons serving on the body that governs the entity are chosen by the council or are required to be members of the council. Entities governed by this title include, but are not limited to, the housing authority, the gaming commission, and other organizations entitled or denominated “authority,” “enterprise,” “corporation,” “agency,” “commission,” or terms of like import; provided, however, that committees of the council shall not be deemed tribal entities for purposes of this title. For purposes of this title, corporations, partnerships, limited liability companies, or similar entities formed under the laws of any state shall not be tribal entities; provided, that this provision shall not affect the sovereign immunity of the tribe with regard to any such state entity.

“Tribe” means the Robinson Rancheria, a distinct political community, possessing inherent sovereignty, except only where it has been specifically taken from it, either by treaty or by congressional act, and which maintains a government-to-government relationship with the United States of America. [Ord. 05-31-2018-C § 2(02.05.01.010), 2018.]