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The Redding Rancheria Indian Tribe, a federally recognized Indian Tribe ("Tribe")
hereby enacts the following Ordinance to adopt and make available to Gaming
Patrons a tort liability ordinance to provide assurance that claims will be
promptly and fairly adjudicated and that legitimate claims will be paid.
Findings and Policy
The Tribe finds that:
NOW, THEREFORE, the Tribal Council of the Redding Rancheria hereby ordains as
follows:
Chapters
1. Purpose
2. General Provisions
3. Definitions
4. Claims Covered by this Ordinance
5. Reserved
6. Claims Excluded By this Ordinance
7. Reserved
8. Recognized Trial Defenses
9. Reserved
10. Exclusive Remedy
11. Reserved
12. Finality
13. Reserved
14. Presentation of Claims
15. Reserved
16. Certification or Rejection of "Notice of Appeal or Claim"
17. Reserved
18. Claim Investigation and Resolution
19. Reserved
20. Payment of Awards and Attorney Fees
21. Reserved
22. Effective Date
Chapter 1. Purpose.
The purposes of this Ordinance are:
Chapter 2. General Provisions
§2000. Short title. This ordinance shall be known
and cited as the "Redding Rancheria Dispute Resolution."
§2100. Purpose. The purpose of this Ordinance is to make available
to Gaming Patrons a tort liability ordinance to provide assurance that claims
will be promptly and fairly adjudicated and that legitimate claims will be paid.
§2200. Sovereign immunity preserved. Nothing in this ordinance
is intended or shall be construed as a waiver of the sovereign immunity of the
Tribe. No officer or employee of Redding Rancheria is authorized nor shall he/she
attempt to waive the immunity of the Tribe under the provisions of this ordinance
unless as outlined in this Ordinance.
§2300. Applicability within the reservation. This ordinance
shall apply to all persons within the boundaries of the Tribe.
§2400. Interpretation and findings. The Redding Rancheria
Tribal Council may interpret any ambiguities contained in this ordinance.
§2500. Conflicting provisions. Whenever any conflict occurs
between the provisions of this ordinance or the provisions of any other ordinance
of the Tribe, the stricter of such provisions shall apply.
Chapter 3. Definitions
§3000. "Arbitration Panel" is the impartial person or entity
to whom the Tribe has assigned the authority and responsibility to review and
decide appeals from: 1) the Governing Body's rejection of a claim for failure
to timely comply with the procedures established in this Ordinance or allege
a Compensable injury; 2) the Tribal Council's denial of a Certified Claim for
a Claimant's failure to establish by a preponderance of the evidence that the
Tribe is liable to the Claimant on a Certified Claim; the adequacy of an Award
granted by the Tribal Council on a Certified Claim; or 4) the failure of the
Tribe or its insurer to timely pay an Award.
§3050. "Award" is the financial remedy offered a Claimant by
the Tribal Council to resolve a Certified Claim timely filed under this Ordinance.
§3200. "Certified Claim" is a Claim that the Tribal Council
has certified as complying with all procedural requirements and stating a prima
facie case that a Claimant has sustained a Compensable Injury.
§3250. "Claim" is the written document, together with such supporting
information as a Claimant may wish to provide, alleging a Compensable Injury
to person or property that is prepared by the Claimant and delivered to the
Tribal Council as provided herein.
§3300. "Claimant" is the individual who submits a Claim to the
Tribal Council or Tribal Gaming Agency.
§3350. "Compact" is the Tribal-State Class III gaming compact
executed by the Governor of California and the Tribe, ratified by the California
Legislature and approved or considered to have been approved by the Secretary
of the Interior or an authorized representative thereof.
§3400. "Compensable Injury" is an injury to person or property
that occurs on the premises of the Tribe's Gaming Facility or in connection
with the Tribe's Gaming Operation, the proximate cause of which was the negligent
or intentional act of a Tribal official, agent or employee acting in the course
and scope of his/her employment by the Tribe and within the scope of his/her
authority. "Compensable Injury" does not include any injury allegedly sustained
by a Tribal official, agent or employee in connection with his/her employment
or performance of official duties, any injury allegedly sustained by a Tribal
member or any person eligible for enrollment in the Tribe, any claim for punitive
or exemplary damages, any injury proximately caused by a negligent or intentional
act that was committed outside the course and scope of the employment and/or
authority of a Tribal official(s), employee(s) or agent(s) whose act(s) or omission(s),
or any injury proximately caused by the act or omission of any person who is
not an officer, employee or agent of the Tribe or who is not otherwise directly
subject to the Tribe's direction, supervision or control. For the purposes of
this Ordinance, a Claim may not be certified if the person or entity alleged
to have been the proximate cause of a Compensable Injury was not, at the time
the injury was sustained, either an elected or appointed official of the Tribe,
an employee or agent of the Tribe, or party to a contract with the Tribe in
connection with the operation or maintenance of a Tribal gaming facility or
any facility appurtenant thereto. The Tribe specifically disclaims, and shall
not be liable or responsible for, any acts or omissions committed by any patron
of a Tribal gaming facility.
§3500. "Gaming Facility" is any building in which Class III
gaming activities or gaming operations occur on Indian lands over which the
Tribe exercises jurisdiction.
§3550. "Gaming Operation" is any business enterprise owned by
the Tribe that offers and operates Class III gaming activities on Indian lands
over which the Tribe exercises jurisdiction.
§3600. "Governing Body" is the General Council of the Tribe,
acting in accordance with the Tribe's custom and tradition, or as such Council
may be constituted under a Tribal constitution ratified subsequent to the date
of enactment of this Ordinance.
§3650. "Rejected Claim" is a Claim that the Tribe cannot certify
because Claimant has failed to comply with one or more procedural requirements
as provided herein, including deadlines for filing claims or evidence supporting
a claim.
§3700. "Tribal Council" is the body consisting of
the elected officers of the Redding Rancheria.
§3750. "Redding Rancheria, California" is the federally
recognized Indian tribe with jurisdiction over the Redding Rancheria Indian
Reservation.
§3800. "Redding Rancheria Indian Reservation" consists of 30.89
acres located in Shasta County designated in the Tillie Hardwick Stipulation,
held in trust for the Redding Rancheria by the United States of America.
Chapter 4. Claims Covered by this Ordinance.
§4000. Procedural and Substantive rights Created. This Ordinance
creates both procedures and substantive rights or causes of action for redress
of injuries to person or property proximately caused by the negligent or intentional
act(s) or omission(s) by an officer, employee or agent of the Tribe on the premises
of the Tribe's Gaming Facility or in connection with the operation of the Tribe's
Gaming Operation if the Claimant has first complied with and exhausted the procedures
set forth in the Tribe's "Claims against Tribe's Ordinance"
§4100. Limitations of applicability. Except as otherwise specifically
provided herein, the Tribe shall be liable, with respect to tort claims arising
under this Ordinance, in the same manner and to the same extent as the United
States would be liable under like circumstances pursuant to 28 U.S.C. §2674
(the Federal Tort Claims Act), but shall not be liable for interest prior to
judgment or for punitive or exemplary damages. If, however, in any case wherein
death was caused, the law of the State of California provides, or has been construed
to provide, for damages only punitive in nature, the Tribe shall be liable only
for actual or compensatory damages, measured by the pecuniary injuries resulting
from such death to the persons, respectively, for whose benefit the action was
brought, in lieu thereof. With respect to any claim asserted under this Ordinance,
the Tribe shall be entitled to assert any defense based upon judicial or legislative
immunity which otherwise would have been available to the officer, agent or
employee of the Tribe whose act or omission gave rise to the claim, as well
as any other defenses to which the Tribe is entitled. In no event shall the
Tribe be held liable for damages in excess of Five Million Dollars ($5,000,000.00),
and then only to the extent that such damages are covered by insurance required
under the terms of the Tribe's Compact.
§4200. Settlement. The Tribal Council, or its designee, in accordance
with the terms of this Ordinance, may consider, investigate, ascertain, adjust,
determine, compromise, arbitrate, mediate, adjudicate, and settle any claim
for money damages against the Tribe for injury or loss of property or personal
injury or death occurring on the premises of the Tribe's Gaming Facility or
in connection with the operation of the Tribe's Gaming Enterprise, caused by
the negligent or wrongful act or omission of any officer, employee, or agent
of the Tribe (not including an independent contractor) while acting within the
scope of his or her office, employment, or agency, under circumstances where
the United States, if a private person, would be liable to claimant in accordance
with the laws of the State of California as applied to the United States under
28 U.S.C. §§2672 and 2674, as limited hereafter.
§4300. Liability of Dangerous Conditions. The Tribe may be determined
to be liable for injury caused by a dangerous condition of its property only
if the claimant establishes that the Tribal property was in a dangerous condition
at the time of the injury, that the injury was proximately caused by the dangerous
condition, that the dangerous condition created a reasonably foreseeable risk
of the kind of injury that was incurred, and at either:
Notwithstanding the foregoing, nothing in this Ordinance creates any substantive
right to relief or consents to the maintenance against the Tribe of any Claim
based upon any act or omission on or near any property owned by the Tribe of
persons who are not officers, employees or agents of the Tribe acting within
the course and scope of their authority and/or employment.
The Tribe shall not be liable for injury or damage caused by a condition of
its property if it establishes that the act or omission that created the condition
was reasonable, based on weighing the probability and gravity of the potential
injury against the practicability and cost of taking alternative action to prevent
or protect against the risk of injury, or if the Claimant knew or reasonably
should have been aware of the condition prior to sustaining the injury upon
which the Claim is based.
§4400. Measure of Damages. The Tribe shall not be liable for
interest prior to judgment or for punitive damages. In claims for wrongful death,
the Tribe shall be liable for actual or compensatory damages, measured by the
pecuniary injuries resulting from such death to the persons for whose benefit
the claim is brought. Claims for non-pecuniary personal injury not involving
death must be personal to the Claimant, and shall be limited to $300,000. Claims
for injury to or loss of property shall be limited to the fair market value
of the property immediately preceding the moment of loss or injury.
§4500. Nothing in this Ordinance shall be construed to modify or repeal
any other Tribal Ordinance, Resolution, or practice regarding workers' compensation
or other employee insurance policy.
Chapter 5. Reserved.
Chapter 6. Claims Excluded By This Ordinance.
§6000. This Ordinance does not provide any remedy or forum for alleged
injuries caused by the issuance, denial, suspension or revocation of, or by
the failure or refusal to issue, deny, suspend or revoke, any permit, license,
certificate, approval, order, or similar authorization.
§6100. This Ordinance does not provide any remedy or forum for alleged
damages or injuries arising from actual or prospective contractual relationships
between the Tribe and other parties.
§6200. This Ordinance does not provide any remedy or forum for claims
against the Tribe for equitable indemnity or contribution arising from third
party litigation.
§6300. This Ordinance does not provide any remedy or forum for claims
against the Tribe for punitive or exemplary damages, or attorneys' fees.
Chapter 7. Reserved.
Chapter 8. Recognized Trial Defenses.
§8000. Defenses Available. With respect to any Claim to which
this Ordinance applies, the Tribe shall be entitled to assert any defense based
upon judicial or legislative immunity which otherwise would have been available
to the employee or agent of the Tribe whose act or omission gave rise to the
claim, as well as any other defenses to which the Tribe is entitled.
§8200. Injuries resulting from Good Faith Exercise. This Ordinance
does not provide any remedy for alleged injuries resulting from any act or omission
of an officer, employee, or agent that was the result of the good faith exercise
of the discretion vested in him or her, or a result of the good faith execution
or enforcement of any Tribal, federal, or California ordinance, resolution,
law, or rule.
§8300. Damages from Misrepresentation. This Ordinance does not
provide any remedy for alleged damages or injuries arising from a misrepresentation
by an officer, employee, or agent of the Tribe unless such misrepresentation
was a result of actual fraud, corruption, or malice, and the Claimant reasonably
relied upon such misrepresentation to his/her detriment.
Chapter 9. Reserved.
Chapter 10. Exclusive Remedy.
§10000. Exclusive Remedy. This Ordinance provides the exclusive
procedure, forum, and remedy for pursuit of claims for injury to or loss of
property, personal injury or death. Except as expressly provided herein, this
Ordinance does not constitute a waiver of the sovereign immunity of the Tribe
or its officers, employees, and agents, and the Tribe reserves all rights for
itself and its officers, employees, and agents not expressly waived by this
Ordinance.
§10100. Null and Void. If any California or federal court construes
this Ordinance to constitute a waiver, in whole or in part, of the Tribe's sovereign
immunity except in strict accordance with the terms of this Ordinance, this
Ordinance shall immediately and without further action become null and void,
retroactive to the day prior to the incident or occurrence giving rise to such
judicial decision.
Chapter 11. Reserved.
Chapter 12. Finality.
§12000. Tribal Council Approval. Except as otherwise expressly
provided herein, any Award, compromise, settlement, or determination of a Claim
under this Ordinance must be in writing and in good faith approved by the Tribal
Council.
§12100. Review By Arbitration Panel. Any Award, compromise,
settlement, or determination of a Claim under this Ordinance shall be final
and conclusive on the Tribe, except when procured by means of fraud, and subject
to the Claimant's right to have the rejection or denial of a Claim or an Award
reviewed by an Arbitration Panel. The determination of an Arbitration Panel
shall be final and conclusive upon both the Claimant and the Tribe. The decision
of an Arbitration Panel may be enforced in the United States District Court
for the Northern District of California under the Federal Arbitration Act, 9
U.S.C. §1, et seq.; provided, however, that neither an Arbitration Panel
nor any court shall have jurisdiction to award damages against the Tribe that
are not covered by a policy of liability insurance required under the Compact,
or in an amount that exceeds the limits of such policy.
§12200. Acceptance By Claimant. The acceptance by a Claimant
of any Award, compromise, settlement, or determination of a Claim shall be final
and conclusive on the Claimant. Said acceptance shall constitute a complete
release of any present or future claim arising from the same or connected circumstances
by the Claimant against the Tribe and its employees and agents whose act or
omission gave rise to the Claim.
Chapter 13. Reserved.
Chapter 14. Presentation of Claims.
§14000. Compliance with "Claims and Actions Against Tribal Entities
and Tribal Officers and Employees. A Claimant must present their claim
in accordance with the "Claims Against Tribe's" Ordinance §1000-1200 which
outlines the proper presentation for any claims against the Tribe and its entities,
including the Gaming Facility.
§14100. Notice By Claimant Invoking Dispute Resolution Process.
If the Claimant has followed the procedures set forth in the "Claims Against
Tribe's" Ordinance and the Claimant's claim falls under the jurisdiction of
this Ordinance, after the Tribal Council grants or denies in whole or part the
claim as outlined in §1400 of the "Claims Against Tribe's" Ordinance they
may invoke the Appeal process set forth in this Ordinance.
§14200. Filing Written Notice. After a Claimant receives a "Notice
of Rejection of a Claim" by the Tribal Council a Claimant may appeal a "Notice
of Rejection of Claim" by submitting a ''Notice of Appeal of the Rejection''
to the Tribal Gaming Agency within thirty (30) calendar days of the date of
issuance of the "Notice of Rejection of Claim", or, if no such notice is issued,
between sixty (60) and ninety (90) days after the Claim was not acted upon by
the Tribal Council and deemed denied within the prescribed period. The "Notice
of Appeal of Rejection" shall be accompanied by payment of a fee of one hundred
fifty dollars ($150).
Chapter 15. Reserved.
Chapter 16. Certification or Rejection of "Notice of Appeal or Claim".
§16000. Certification of Notice of Appeal or Claim filed by Claimant.
Within thirty (30) calendar days of the receipt of a Claim invoking
the Claimant's right to Appeal the Tribal Council's decision, the Tribal Gaming
Agency or its designated representative shall determine whether:
These determinations shall be made solely for the purpose of certifying the
Claim for further proceedings, and shall not constitute a determination of the
merits of the Claim.
§16100. Non-Certification of Notice or Appeal or Claim filed by Claimant.
If the Claim does not meet one or more of the above-listed requirements, the
Claim will not be certified. In such case the Tribal Gaming Agency or its designated
representative shall send to the Claimant a written "Notice of Non-Certification
of Claim" rejecting the claim stating all grounds for the Tribal Gaming Agency's
failure to certify the claim. A Claim that is neither rejected nor certified
by the Tribal Gaming Agency within sixty (60) days after receipt of the Claim
by the Tribal Gaming Agency shall be deemed to have been denied.
§16200. Appeal of Non-Certification of a Claim. The Claimant
may appeal the notice of non-certification of Claim" by submitting in writing
the intention to Appeal the "Notice of non-certification within thirty (30)
calendar days from the letter of non-certification of the Claim.
§16300. Convening Arbitration Panel. The Tribal Gaming Agency
then shall be responsible for convening an Arbitration Panel to review the rejection.
The Claimant and the Tribal Gaming Agency each shall deposit one-half of the
fees and costs for the Arbitration Panel before the panel is convened. The prevailing
party on appeal shall be entitled to a refund of its portion of the advanced
fees and costs, and the non-prevailing party shall be obligated to pay the balance
of the fees and costs of the Arbitration Panel. The Claimant shall have the
burden of proving by a preponderance of admissible evidence that rejection of
the Claim was improper. All proceedings on such an appeal shall be conducted
on the basis of written declarations under penalty of perjury, properly authenticated
documentary evidence and written arguments, in accordance with a schedule and
procedural rules to be established by the Arbitration Panel. No discovery shall
be allowed in such a proceeding. Appeals from rejected Claims shall be concluded
within ninety (90) days after the Arbitration Panel has been convened.
The determinations made by the Arbitration Panel shall be made solely for the
purpose of certifying the Claim for further proceedings, and shall not constitute
a determination of the merits of the Claim.
§16400. Arbitration Panel Certification of the Claim. If the
Claim is certified by the Arbitration Panel, the Tribe or its designated representative
shall send to Claimant no later than the sixty-fifth (65th) calendar
day after the receipt of the Claim a written "Certification of Claim." The Claim
thereupon shall be forwarded to the Tribal Gaming Agency or its designated representative
for such investigation and fact finding as is reasonably necessary to evaluate
the merits of the Claim. In the absence of extraordinary circumstances such
as the unavailability of witnesses or non-cooperation of repositories of information,
investigation of the Claim should be concluded within sixty (60) days after
the Claim is certified.
Chapter 17. Reserved.
Chapter 18. Claim Investigation and Resolution.
§18000. Upon certification of a Claim, the Tribal Council shall
refer the Claim to the Tribal Gaming Agency.
§18100. Authorization for Rendering Decision. If a Certified
Claim on its face alleges special or general damages of one hundred thousand
dollars ($100,000) or less, the Tribal Gaming Agency shall be authorized to
render a final decision on the Claim, which decision shall be binding on the
Tribe and its insurer. For Certified Claims alleging special or general damages
in excess of one hundred thousand dollars ($100,000), the Tribal Council shall
render the final decision, based upon findings of fact, conclusions of law and
the recommended decision of the Tribal Gaming Agency.
§18200. Conducting an Evidentiary Hearing. If requested by the
Claimant, the Tribal Gaming Agency shall conduct an evidentiary hearing at which
the Claimant may appear and present oral testimony and documentary evidence
in support of his/her claim. In its discretion, the Tribal Gaming Agency may
delegate the actual conduct of the hearing to a presiding officer, who may either
be a member of the Tribal Gaming Agency or a third- party neutral retained through
the American Arbitration Association or other alternative dispute resolution
agency or entity. The Tribal Gaming Agency shall be authorized to prescribe
rules of practice and procedures for the presentation and hearing of Certified
Claims. Unless good cause to the contrary is found to exist, the Tribal Gaming
Agency shall convene the evidentiary hearing within one year after receiving
the Claimant's request for a hearing.
§18300. Pre-Hearing Discovery. The Tribal Gaming Agency shall
permit such pre hearing discovery as it may deem reasonably necessary to ensure
presentation of sufficient information to enable the Tribal Gaming Agency to
ascertain the relevant facts and applicable law. The Federal Rules of Civil
Procedure shall be used as a guideline for the conduct of discovery, although
the Tribal Gaming Agency need not adhere in every respect to those Rules in
authorizing depositions, written interrogatories and production of other forms
of evidence.
§18400. Hearing Procedure. At the evidentiary hearing, a representative
of the Tribe or the Tribe's insurer may cross-examine any witnesses presented
by the Claimant, and offer rebuttal evidence. The Claimant shall be entitled
to cross-examine any witnesses presented by the Tribe or the Tribe's insurer.
Admissibility of evidence shall be determined in accordance with the Federal
Rules of Evidence, and the Claimant shall have the burden of proving by a preponderance
of the evidence both that the Tribe is liable for the Claimant's injuries and
the compensation due therefor. Within sixty (60) days after the conclusion of
the evidentiary hearing, the Tribal Gaming Agency shall issue written findings
of fact, conclusions of law and a recommended decision to the Tribal Council.
The Tribal Council shall allow the mount justly due Claimant. Unless good cause
to the contrary is found by the Tribal Council, the Tribal Council shall adopt
the recommendation from the Tribal Gaming Agency and issue its final decision
on a Certified Claim within ninety (90) days after receiving the Tribal Gaming
Agency's findings of fact, conclusions of law and recommended decision.
§18500. Appeals. Either the Claimant or the Tribe may appeal
a final decision as to liability or the amount of damages awarded issued by
the Tribal Gaming Agency, based upon the evidentiary record presented to the
decision-making body. An appeal shall be initiated by the filing of a Notice
of Appeal with the Tribal Gaming Agency or the Tribal Council, whichever body
rendered the final decision, within thirty (30) days after mailing of the final
decision to the Claimant. Appeals shall be to an Arbitration Panel consisting
of three arbitrators selected under the auspices of the American Arbitration
Association ("AAA"). The arbitration panel shall process the appeal in accordance
with the Commercial Arbitration Rules of the AAA, and shall decide the appeal
according to the same standard of appellate review that would apply to the review
of an analogous decision of a federal district court by a federal court of appeals.
Each party shall bear its own costs, and the fees and costs of the arbitrator
shall be shared equally by the parties.
§18600. Appeals from awards or denials of employee claims for work-related
injuries. If an employee is dissatisfied with the final award rendered
under the Redding Rancheria 5 system of insurance and self-insurance for employee
work-related injuries, the employee may appeal that award in accordance with
the same procedures, and to the same appellate body, as set forth in Subsection
§18500 above, and the appellate body shall decide the appeal in accordance
with the same rules and standards, and with the same enforceability, as set
forth in said Subsection §18400.
Chapter 19. Reserved.
Chapter 20. Payment of Awards and Attorney Fees.
§20000. Amounts in Excess of Insurance Policy Limits. The Tribe
shall not be obligated to pay any award that is not covered by, or exceeds the
policy limits of; the Tribe's liability insurance. The Tribe or the Tribe's
insurer shall pay any cognizable award in the same manner and at the same time
as judgments rendered in the courts of the United States.
§20100. Attorneys Fees in relation to Award. No attorney
representing a Claimant pursuant to this Ordinance shall charge, demand, receive,
or collect from the Claimant for services rendered on the Claim, fees in excess
of twenty-five percent (25%) of any judgment, settlement, or award rendered
or paid by the Tribe or its insurer to the Claimant. Each attorney who appears
on behalf of a Claimant must attest under penalty of perjury to his/her compliance
with the limitations set forth in this paragraph. By making such attestation,
the attorney agrees that if the attestation is false, the Tribe may bring an
action against the attorney in either state or federal court to recover the
amount of any fees actually charged to the Claimant.
§20200. Awarding Attorney's Fees. The Tribe, in its sole discretion,
may award a successful Claimant attorneys' fees and costs, subject to the limits
of §18100 above, based on the equities and circumstances of the Claim.
Chapter 21. Reserved.
Chapter 22. Effective Date.
This Ordinance shall be deemed to have taken effect upon the date of publication
in the Federal Register of a notice that the Secretary of the Interior has approved
or is considered to have approved the Tribal-State Class III Gaming Compact
between the Redding Rancheria, California and the State of California. This
Ordinance does not have jurisdiction for claims that arose prior to the date
of the publication in the Federal Register of the notice that the Secretary
of the Interior approved the Tribal-State Gaming Compact.
CERTIFICATION
We, the undersigned duly elected officials of the Redding Rancheria, do hereby
certify that the foregoing Ordinance was adopted at a duly called meeting of
the General Council of the Redding with a quorum present on the 13 day
of June 2000, by a vote of 32 for, 0 against, 0
abstaining.
|
/s/
|
Dated: 6-19-00
|
| /s/
Tribal Secretary [Hope Wilkes] |
Dated: 6-19-00
|
Present Council
1. Chairman - Leon Benner
2. Vice Chairperson - Tracy Edwards
3. Secretary - Hope Wilkes
4. Treasurer - Don Benner
5. Councilperson - Debra Sarot
6. Councilperson - Patty Spaulding
7. Councilperson - Bob Foreman
8. Alternate - Carla Maslin
9. Alternate - Bobby Foreman Jr.
10. Alternate - Gary Hayward