Certain positions, employments, or offices are necessary to the governmental functions of the tribe, and shall not be disrupted. Without the benefits of absolute immunity for these positions, employments, or offices, governmental functions would suffer under the threat of prospective litigation. The contribution to effective government by the these positions, employments, or offices outweighs the potential harm to individual citizens because, when the positions, employments, or offices perform within the scope of their respective powers and with public good as their aim, they are required to act in the exercise of discretion or judgment on behalf of the tribe – and the threat of liability would deter their willingness to execute their respective positions, employment, or office with the decisiveness and the judgment required by the public good.

These positions, employments, or offices, include, but are not limited to: tribal administrator, administrative assistant, executive assistant, tribal attorney, tribal engineer, chief of police, chief financial officer, the director of the department of building inspection, the building inspector, facilities maintenance director, environmental planning director and the planning director. [Ord. 05-31-2018-C § 2(02.05.04.030), 2018.]