Ordinances of the Elk Valley Rancheria, California

Elk Valley Rancheria Ordinance No. 00-19

AN ORDINANCE OF THE TRIBAL COUNCIL OF THE ELK VALLEY RANCHERIA ESTABLISHING A TRIBAL MEMBERSHIP TRAVEL EXPENSE PROGRAM

Section 1. Findings. The Tribal Council for the Tribe ("Tribal Council") finds and declares:

At the present time, the Tribe owns no land within the exterior boundaries of its Reservation.

As a result, with the exception of a few members, Tribal members do not live on the Reservation.

Each year, the Tribe has General Membership meetings, requiring the entire membership of the Tribe to come to the Reservation.

General Membership meetings are required by the Elk Valley Constitution and are the means by which the Tribal government informs the members of the Tribe on the finances and general operation of the Tribal government.

Many of the Tribal members do not have sufficient funds to cover the cost of travel to the Reservation on a regular basis to attend General Membership meetings.

In order to ensure that members of the Tribe have sufficient funds to attend Tribal Council Meetings, General Membership Meeting, and Special Meetings this is establishing the Tribal Travel Expense program. The purpose of the program will be to provide funds to Tribal Members so that they can attend annual, bimonthly, General Membership meetings.

The adoption of this Ordinance is in furtherance of the Tribe's Constitution and is in the best interest of the Tribe and its members.

Section 2. Adoption if the Tribal Travel Expense Program. A new chapter is hereby added to the Elk Valley Tribal Code, which shall read as follows:

CHAPTER 2 - ESTABLISHMENT OF TRIBAL TRAVEL EXPENSE PROGRAM

Sections:

2.010 Definitions.
2.020 Establishment of Travel Expense Program.
2.030 Administration of Program.

2.010 Definitions. The following words, as used in this Ordinance shall have the following meanings:

1. "Gaming Enterprise" shall mean any gaming business, event, enterprise, casino, or activity owned or operated by or under the direction of the Tribe.

2. "Net Revenue" shall mean the net revenues of the Gaming Enterprise.

3. "Tribal Council" shall mean the Tribal Council of the Elk Valley Rancheria, as defined in the Constitution of the Elk Valley Rancheria.

4. "Tribe" shall mean the Elk Valley Rancheria.

2.020 Establishment of Tribal Travel Expense Program. There is hereby authorized to be appropriated from the Tribe's Gaming Enterprise Net Revenues no more than $396,000.00 each year for the establishment of the Tribal Travel Expense Program, established under this Ordinance. A Tribal Travel Expense Program is hereby established which shall be administered by the Tribal Administrator in accordance with the provisions of this Ordinance.

2.030 Administration of Tribal Travel Expense Program.

1. The Tribal Administrator shall distribute to each enrolled member of the Tribe an amount equal to One Thousand Five Hundred Dollars ($1,500) per month to cover the costs that Tribal members incur in attending General Membership meetings.

The number of One Thousand Five Hundred Dollars ($1,500.00) disbursements and the date upon which each disbursement shall take place shall be determined from time-to-time on an annual basis by the adoption of a resolution by the Tribal Council of the Tribe. If the enrolled member is under the age of eighteen (18) ("Minor"), then that Minor's travel expense check shall be made payable to the Minor's parents who have custody of the child, then to the person who can provide to the Tribal Administrator an order of a court of competent jurisdiction evidencing that they have custody over the Minor.

2. The Tribal Administrator shall have responsibility for ensuring that checks are prepared and mailed out to each Tribal member in the amount required by this Ordinance and on the days and times specified by the Tribal Council by resolution pursuant to this Ordinance.

3. The Tribal Administrator shall prepare or cause to be prepared detailed records of account, accounting for the disbursement of Tribal funds made pursuant to the Tribal Travel Expense Program established under this Ordinance. All records of account required by the Tribal Administrator to be prepared and kept pursuant to this Ordinance shall be prepared and kept in accordance with Generally Accepted Accounting Principles.

Section 3. Effective Date. This Ordinance shall take effect upon its adoption by the Tribal Council retroactively to January 1, 1995.

CERTIFICATION

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