Title
25 - Burial and Illness Award
ORDINANCE NO: 66-4 AMENDMENT NO: 3
DATE
APPROVED: August 6, 1984
SUBJECT:
AN ORDINANCE TO ESTABLISH A SYSTEM OF GRANTS TO BE APPLIED TO
THE EXPENSES OF BURIAL AND ILLNESS OF ENROLLED MEMBERS OF THE HOOPA
VALLEY TRIBE.
WHEREAS:
The Hoopa Valley Tribe did on June 20, 1972, adopt a Constitution
and Bylaws which was approved by the Commissioner of Indian Affairs
on August 18, 1972, and Article IX, Section 1 (c) of this Constitution
and Bylaws authorized the Hoopa Valley Business Council to "collect
and expend any Hoopa Tribal Funds within the exclusive control of the
Tribe and to recommend the expenditure of any other tribal funds",
and,
WHEREAS:
The Hoopa Valley Business Council did establish and obtain approval
of the amended Financial Program of the Hoopa Valley Tribe as set forth
in Resolution No. 274, adopted August 31, 1967, which provided in Part
III, that tribal funds may be budgeted annually for grants to be applied
to the expenses of burial and last illness of deceased tribal members,
and,
WHEREAS:
Tribal Ordinance No. 66-4, approved 11/3/67, established a system
of grants to be applied to the expenses of burial and last illness of
deceased members of the Hoopa Valley Tribe, and,
WHEREAS:
Due to increased burial costs and other changes since this 1967
enactment it is necessary to amend said ordinance to fit present needs.
NOW
THEREFORE BE IT RESOLVED: That Tribal Ordinance No. 66-4 is hereby
amended to read as follows:
SECTION I. EFFECTIVE DATE.
The purpose
of this amendment shall be effective as of August 6, 1984 and shall
apply to all enrolled members of the Hoopa Valley Tribe.
SECTION II. AMOUNT OF GRANT.
A grant
of $2000.00 or less may be paid for the expenses of burial and last
illness of an enrolled Hoopa Tribal Member, the exact amount to be determined
in accordance with the procedures hereinafter set forth.
SECTION III. CLAIMANTS.
Claims
for payment pursuant to this Ordinance will be considered when received
from the following:
1. Professional
persons or firms who furnished direct burial or last illness services
for an enrolled member of the Hoopa Valley Tribe, and who have not
been paid for such services.
2. Persons
who have paid out of their own funds for the burial and last illness
expenses of an enrolled member of the Hoopa Valley Tribe, and who
desire to be reimbursed therefore.
SECTION IV. PURPOSES OF GRANT AND PRIORITIES IN PAYMENT OF CLAIMS.
A. Claims
shall be paid only for the following purposes, and in the following
order of priorities:
1.
Claims for expense of burial. Funds from the grant not used to defray
this expense shall be available for discharge of obligations set
forth in Paragraph 2 of this section only.
2.
Claims for expense of last illness, including, but not limited to,
hospital expenses, doctor's fees, and professional nurse's fees,
except that nursing care performed by a relative or friend of the
deceased shall not be reimbursed, unless it was performed in a professional
capacity.
3.
No payment under Section 4. A. 2. shall be made until the expiration
of the six month time limit provided in Section 5.
4.
In the event there are insufficient funds to satisfy claims described
in Section 4. A. 2. the available funds shall be divided proportionately
among the claims according to the ratio of the total amount of claims
to each individual claim.
B. If
the expenses described in Section 4. A. 1. and 2. Are not claimed
within the six month time limit provided in Section 5, or if such
expenses do not, in fact exist, no person or estate shall be entitled
to receive any monies pursuant to this Ordinance.
SECTION V. TIME LIMIT FOR SUBMISSION OF CLAIMS.
All claims
with regard to any deceased tribal member shall be filed within six
months of the date of adoption of this Ordinance, or within six months
of the date of death of a tribal member, whichever comes later. Claims
filed after the expiration of the six month period shall not be eligible
for consideration pursuant to this Ordinance.
SECTION VI. FILING OF CLAIMS.
A. Claims
shall be filed in person or by mail at the business office of Hoopa
Valley Business Council, P. O. Box 1348, Hoopa, California 95546.
B. Claims
of professional persons or firms who furnished direct burial or last
illness services for an enrolled member of the Hoopa Valley Tribe
shall be in the form of itemized bills describing the services or
things furnished, the date when such service or things were furnished,
and the individual cost of each service or thing. Each such claim
must be supported by an affidavit of the claimant that the amount
claimed is justly due from the decedent, and that no payments have
been made on the account that are not credited thereon.
C. [Digitizer's
note: no text next to C.]
D. Claims
of persons who paid out of their own funds for the burial and last
illness expenses of an enrolled member of the Hoopa Valley Tribe shall
be in letter form, signed by the claimants, and supported by the original
receipts which were issued to them by the professional persons or
firms who furnished the burial or last illness services for the tribal
member. Where more than one person has a claim pertaining to the same
tribal member, a single separate claim shall be filed for burial expenses,
and a single separate claim shall be file for last illness expenses,
and the letters pertaining thereto shall state the amount which was
paid by each person and shall be signed by each of the claimants.
E. The
Hoopa Valley Business Council shall, whenever it is deemed necessary,
require evidence of the death of the enrolled tribal member in the
form of a death certificate or affidavit of death.
SECTION VII. ADMINISTRATION OF CLAIMS.
A. A
claims investigation shall be conducted by the Tribal Chairman and
Tribal Treasurer of the Hoopa Valley Business Council, to determine
the following:
1.
Determination whether a claim is eligible for consideration pursuant
to Section III and Section V.
2.
If a claim for last illness expense is determined eligible for consideration,
the Treasurer shall record thereon the expiration date of the six
month time limitation period.
3.
Determine whether a claim is eligible for payment pursuant to Section
IV.
4.
Whether a claim is determined eligible or ineligible for payment,
the Treasurer shall present the claim to the Hoopa Valley Business
Council at its next regular meeting with a recommendation in favor
of paying the claim, or of disapproving the claim, except that claims
for last illness expense, if otherwise eligible for payment, shall
be held until the expiration of the six month time limit when it
can be determined what amount of funds, if any, is available for
the payment.
5.
Advise the claimant in writing in all cases when the Hoopa Valley
Business Council disapproves a claim. Such letters shall be signed
by the Chairman of the Council.
B. Final
decision on claims shall be by the Hoopa Valley Business Council.
The Council may abide by the recommendations unless it is determined
that an error was made, and that the recommendation was contrary to
the intent of this Ordinance.
C. Disbursement
of funds for burial and last illness expenses of enrolled Hoopa Tribal
members shall be made in accordance with approved, current tribal
plan of operation.
SECTION
VIII. AMENDMENT OF ORDINANCE.
Amendments
to this Ordinance may be made by the Hoopa Valley Business Council.
CERTIFICATION
I, the
undersigned, as Chairman of the Hoopa Valley Business Council do hereby
certify that the Hoopa Valley Business Council is composed of eight
members of which 7 were present constituting a quorum at a Special meeting
thereof; duly and specially called, noticed, convened, and held this
6th day of August, 1984, and that this resolution was adopted by a vote
of 6 for with 0 against, and said resolution has not been rescinded
or amended in any way.
DATED THIS 6TH DAY OF AUGUST, 1984
____________________________________
ELSIE G. RICKLEFS, CHAIRMAN
HOOPA VALLEY BUSINESS COUNCIL
ATTEST:________________________________
DEIRDRE R. YOUNG, EXECUTIVE SECRETARY
HOOPA VALLEY BUSINESS COUNCIL
ORDINANCE
NO: 66-4 AMENDMENT NO. 3
DATE APPROVED: AUGUST 6, 1984
SUBJECT: AN ORDINANCE TO ESTABLISH A SYSTEM OF GRANTS TO BE
APPLIED TO THE EXPENSES OF BURIAL AND ILLNESS OF ENROLLED MEMBERS OF
THE HOOPA VALLEY TRIBE.
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