(1) The tribe’s right and duty to defend its elected officials, key employees, and officers does not cover paying on behalf of the elected officials, key employees, or officers any sums that the elected officials, key employees, or officers may be liable to pay, including, but not limited to, settlements or any judgment if a court determines that an elected official, key employee, or officer is liable.

(2) All duties and responsibilities of elected officials, key employees, and officers must comport and comply with the authorizing law of the tribe establishing the position, employment, or office, and must specify the discretionary authority that each elected official, key employee, and officer has. Indemnification does not extend to elected officials, key employees, and officers who act beyond their specified duties and responsibilities pursuant to authorizing tribal law, nor does it extend to elected officials, key employees, or officers who act beyond their specified discretionary authority that each position, employment, or office exercises.

(3) Indemnification does not extend to claims against elected officials, key employees, and officers for intentional torts and gross negligent acts. [Ord. 05-31-2018-C § 2(02.05.05.020), 2018.]