Solicitor General Opinion 10-84

Solicitor Gen. Op. 10-84

Date: November 15, 1983

TO: Arthur Gahbow, Chief Executive
FROM: Jay Kanassatega, Solicitor General
SUBJECT: Legality Review of Contractual Agreement with State of Minnesota – Community Services Block Grant {fiscal Year 1983- Special Allotment}. Grant Agreement No. 81688.

You have requested a review of the aforementioned contract for compliance with Band law for the provision of services to Band members. The following is provided in compliance with your request.

Concern No. 1: Article XII: The Band waives all rights to litigate liability caused by the state in the performance of this contract· This is a standard hold harmless clause.

Concern No. 2: Article XII: The Band will comply with Minnesota Human Rights Act in the performance of this contract· Any person who is or is not a receipiant of funds under this contract can file a complaint which eventually could have the Band in State Court· for causes of action arising therewith.

Concern No. 3: Articles XVII and XVIII: These do not necessarily apply to the Band, however who decides if they are applicable· Perhaps they should be striken as articles of the contract, so that the Band exercises a determinatory position.

Joshua J. Kanassatega
Solicitor General