Resolution No. 2014-243

Resolution No. 2014-243

WHEREAS, the Rosebud Sioux Tribe is a federally recognized Indian Tribe organized pursuant to the Indian Reorganization Act of 1934 and all pertinent amendments thereof: and

WHEREAS, the Rosebud Sioux Tribe is governed by a Tribal Council made up of elected representatives who act in accordance with the powers granted to it by its Constitution and By-laws; and

WHEREAS, the Rosebud Sioux Tribal Council is authorized to promulgate and enforce ordinances for the maintenance of law and order, and to safeguard the peace and morals, and general welfare of the Tribe, pursuant to the Rosebud Sioux Tribe Constitution and By-Laws Article IV, Sections 1 (k), and (m); and

WHEREAS, the Rosebud Sioux Tribal Council has recommended the Rosebud Sioux Tribe Law and Order Code, Title Four, Chapter Two, Section 4-2-4, Statute of Limitations, to be amended by Ordinance Number 2014-01; and 

THEREFORE BE IT RESOLVED, that the Rosebud Sioux Tribal Council adopts the amendments to the Rosebud Sioux Tribe Law and Order Code by the Rosebud Sioux Tribe Governmental Affairs Committee;

BE IT ALSO RESOLVED, that the effective date of the amendments to the Rosebud Sioux Tribe Law and Order Code shall be upon the final approval by the Rosebud Sioux Tribal Council.

CERTIFICATION

This is to certify that the above Resolution No. 2014-243 was duly passed by the Rosebud Sioux Tribal Council with the first reading on September 11, 2014, by a vote of fifteen (15) in favor, zero (0) opposed and three (3) not voting. A second reading was duly held on January 9, 2019 by a vote of fifteen (15) in favor, zero (0) opposed and one (1) not voting. The said resolution introducing Ordinance 2014-01 was adopted pursuant to authority vested in the Council. A quorum was present.

ATTEST:

Linda L. Marshall, Secretary

Rosebud Sioux Tribe

Rodney M. Bordeaux, President

Rosebud Sioux Tribe

Ordinance 2014-01

4-2-4 Statute of Limitations Amendments

Unless otherwise specifically provided in the Tribal Law and Order Code, the following limitations on bringing of a civil action will apply.

(1) Any action arising against the Tribe or its officers or employees arising of their official duties must be commenced within one year of the date the cause of action accrued.

[2) Any other cause of action must be commenced within two years the cause of action accrued provided, however; that any cause of action based upon fraud or misrepresentation shall not be deemed to have accrued until the aggrieved party has discovered the facts constituting fraud or misrepresentation.

(3) The Statute of Limitations for civil actions do not apply to those actions resulting from Childhood Sexual Abuse.

i. Purpose. Childhood sexual abuse committed on the Rosebud Sioux Reservation has affected and continues to affect the political integrity, economic security, and the health and welfare of the Tribe and its members as a matter of law.

Limitations Period. A cause of action for damages based upon the sexual abuse of a minor by an adult may be filed in the Rosebud Sioux Tribal court at any time following the commission of the act(s) that constituted sexual abuse. A civil cause of action for sexual abuse of a minor shall be based upon sexual acts that would constitute a criminal offense as defined by the laws of this Tribe, or under any state or federal statutes.

For a period of five years following the effective date of this section, victims of childhood sexual abuse that occurred on the Rosebud Sioux Reservation who have been previously barred from filing suit against their abusers and other responsible parties by virtue of the expiration of the civil statute of limitations, shall be permitted to file those claims in the Rosebud Sioux Tribal Court.

iv, Liability for Childhood Sexual Abuse. Individuals and entities whose agents, apparent agents, and/or employees perpetrated abuse within the course and scope of said agency, apparent agency and/or employment shall be liable in tort for the acts and omissions of the perpetrator of’ said abuse. This includes those individuals who have committed said abuse within the course and scope of their agency and/or employment.

v. False Claims. A person against whom a suit is filed may recover attorney’s fees where the Court determines that a false accusation was made with no basis in fact and with malicious intent. A verdict in favor of the accused shall not be the sole basis for a determination that an accusation was false. The Court must make an independent finding of an improper motive to award attorney’s fees under this section.

Published once at the total approximate cost of $59.34

Published: February 6, 2019

PO Box 229, Mission, SD 57555 • 605-856-4469 • This email address is being protected from spambots. You need JavaScript enabled to view it.