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Valley Tribal Code
Last amended: 2005 Title 7 - Travel Ordinance ORDINANCE NO: 1-90, AS AMENDED DATE APPROVED: August 7, 2003
Title 7 The short title of this Act shall be the Travel and Expense Act.
The purpose of this Act shall be to govern all local and non-local travel by members of the Tribal Council, its staff and employees, whether using Tribal or other funds under the control of the Tribe. It is the Tribe’s policy that travel shall be conducted in the most efficient and economical means possible and that minimizes the financial impact on program activities and functions. This Act shall further govern the use of Tribal credit cards of the Council, its programs and projects and any officials and employees thereof.
The provisions of this Act shall govern any and all officials and employees of the Tribe, and any person contracted for services by the Tribe, during the course of official Tribal business. Any travel or other expenses incurred that are not in accordance with this Act shall be presumed to be unauthorized and shall not be subject to reimbursement and payment by the Tribe. This ordinance applies to Tribally chartered entities unless said entities have adopted their own travel ordinance that is expressly approved by the Tribal Council.
The only travel for which payment and reimbursement is authorized under this Act shall be for official Tribal activities for which an ongoing program or project has been established; except that travel may be authorized for any activity for which no existing program or project has been established, provided that the official authorized for such travel is responsible for developing a proposal, plan or recommendations on such activity for submission to the Council within 30 days from the date of return. Council members and employees of the Tribe are subject to all applicable Tribal ordinances, rules, regulations, and policies, including but not limited to the Tribe’s Drug and Alcohol Policy at all times while on travel. Council members and employees of the Tribe shall physically attend the activities for which travel is authorized. Failure to attend, except for good cause, shall be considered gross misconduct and shall be grounds for disciplinary action up to and including removal or termination.
Local travel shall be that within a 100 mile radius of the Tribal Office Building ( includes travel to Redding, California). Program managers shall have approval authority for such travel
In-Region travel shall be that beyond the local travel radius but within the States of California, Oregon, Washington, Arizona, Nevada, Idaho, Montana, Utah, Colorado, and New Mexico and not exceeding four (4) nights’ duration. The Tribal Chairperson shall have exclusive authority for approval of such travel.
Out of Region travel means that which is beyond the borders of the states specified in subsection 7.5.2; extended travel means any travel away from the Hoopa Valley Reservation, regardless of distance, for more than four (4) nights. The Tribal Council shall have exclusive approval authority over such travel.
The Tribal Council and each department will assign to an employee the following duties and responsibilities:
The use of private vehicles for Tribal business is authorized ONLY if the vehicle owner has registered his/her insurance information with the Tribe and the person who will operate the vehicle is a legal operator as determined under the laws of the Tribe and State of California. It is the policy of the Tribe to utilize Tribally owned vehicles to the greatest extent possible. Legal operators using private vehicles for tribal business using Tribal funds shall be paid at the rate of $.40 per mile. Attached hereto as Exhibit A is standard mileage reimbursement table to be used as a guide in determining reasonable mileage reimbursement. Exhibit A may be updated annually or as determined necessary. All mileage reimbursement shall be paid based upon the actual mileage traveled as determined by the odometer reading. Those departments and programs utilizing Federal or State grant funds that specify mileage reimbursement rates shall be paid the amount authorized by the granting agency. Mileage reimbursement shall only be paid for one roundtrip to and from a specific destination as necessary to conduct Tribal business. For example, mileage reimbursement for travel to the Eureka/Arcata airport shall only be paid for the actual mileage of one roundtrip to and from the airport from the point of origin, e.g., Hoopa to McKinleyville. No mileage reimbursements shall be paid in conflict with this Act.
In the event of a legitimate unforeseen emergency that requires an official or employee to travel for official business of the Tribe and a diligent effort has been made to obtain prior Council approval, the Chairman may approve such travel under this emergency provision. In such a case, the official or Chairperson is not required to obtain Council approval prior to the travel, provided that all previous travel by that individual has been liquidated. The official for whom emergency travel is approved is required to comply with the remaining requirements of this Act. The Chairperson shall report to the Council at its next meeting on the nature of the action and the purpose of the travel.
In the event that unforeseen emergency purchases are required that were not planned or expected prior to any travel, the individual making such purchases must make a diligent effort to contact the Tribal Chairperson for approval prior to the emergency expense being incurred, such expenses must be promptly reported to the Chairperson and the Fiscal Department upon return from the travel during which the emergency expenses were incurred. All emergency expenses shall be liquidated in accordance with this Act.
Within thirty (30) days from the date of return from a trip, the traveling official or employee shall submit to the Fiscal Department a full and complete liquidation for advanced travel funds. The liquidation shall be accomplished by submitting a completed “Authorization To Travel” form and attaching any receipts for expenses of the applicable per diem rates. Outstanding travel authorizations are not to exceed two advances. The Tribal Council shall review and approve credit card expenses in accordance with subsection 7.10.2 of this Act. All local travel such as mileage, needs to be submitted on a quarterly basis. No exceptions.
All charges using a Tribal credit card shall be reported (including all receipts or other appropriate supporting documentation) to the Fiscal Department and liquidated within thirty (30) days from the date the credit card charge was incurred. The Tribal Council maintains exclusive authority to approve all expenses of the Council and its employees.
If any official or employee fails to file a completed form liquidating travel expenditures or expenses charged to a Tribal credit card within the thirty (30) day time frame set forth in subsection 7.11.2, the Fiscal Department shall forward to such official or employee, with copies to the Chairman and Office of Tribal Attorney, a written notice that all such unreported or unliquidated expenditures are unauthorized and must be repaid within ten (10) days. If repayment is not made within ten (10) days of such notice, the Fiscal Department shall issue a written notice of delinquency to the individual and forward a copy of said notice to the Office of Tribal Attorney. Within a reasonable time after the Office of Tribal Attorney’s receipt of said notice of delinquency, the Office of Tribal Attorney shall investigate and file a claim, if necessary, for repayment of such unauthorized expenses in the Hoopa Valley Tribal Court on behalf of the Hoopa Valley Tribe.
If the Council disapproves any expenditures for a Tribal Official or employee, the Fiscal Department shall forward to such official or employee, with copies to the Chairman and Office of Tribal Attorney, a written notice that all such unreported or unliquidated expenditures are unauthorized and must be repaid within ten (10) days. If repayment is not made within ten (10) days of such notice, the Fiscal Department shall issue a notice of delinquency to the Office of Tribal Attorney. Within a reasonable time after the Office of Tribal Attorney’s receipt of said notice of delinquency, the Office of Tribal Attorney shall investigate and file a claim, if necessary, for repayment of such unauthorized expenses in the Hoopa Valley Tribal Court on behalf of the Hoopa Valley Tribe.
Because the purpose of any legal claim authorized and mandated by this Section is to recover funds spent without proper authorization, any defendant in such an action shall not be permitted to assert the Tribe’s sovereign immunity as a defense. Nor shall anything in this provision be construed as a waiver by the Hoopa Valley Tribe of its sovereign immunity from unconsented lawsuit, nor as consent to bring an action against it or any of its officials or employees in their authorized capacities, including any cross claim or counter claim that might be asserted.
If any part of this Act is held to be invalid, it is the intent of the Council that remaining provisions shall remain in full force and effect to the maximum extent possible.
I, the undersigned, as Chairman of the Hoopa Valley Tribal Council, do hereby certify that the Hoopa Tribal Council is composed of eight (8) members of which at least six (6) were present, constituting a quorum at a Regular Meeting thereof; duly and regularly called, noticed, convened and held this 7th day of August, 2003; and that this Ordinance was duly adopted by a vote of four (4) in favor, one (1) opposed and none (0) abstaining and the said Ordinance has not been rescinded, amended or modified in any way. Dated the 7th day of August, 2003.
__________________________________ ATTEST:______________________________
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