St. Regis Mohawk Tribe Code
SAINT REGIS MOHAWK TRIBAL PUBLIC FINANCE ACT OF 1995
BE IT ENACTED BY THE SAINT REGIS MOHAWK TRIBAL COUNCIL:
SECTION 1. TITLE AND CODIFICATION
This Act repeals the Saint Regis Mohawk Tribal Public Finance Act of 1994 previously adopted by the Tribal Council on 7/19/94 and replaces the repealed Act with a new Act which shall be known as the Saint Regis Mohawk Tribal Public Finance Act of 1995 and codified as Title Chapter of the Saint Regis Mohawk Code Annotated.
SECTION 2. PURPOSE; ESTABLISHMENT OF OFFICE OF FINANCE
The purpose of this Tribal Council Act is to enact Tribal requirements for the management of public finance functions for the Saint Regis Mohawk Tribe.
A. There is established the Office of Finance within the Executive Branch of the Saint Regis Mohawk Tribe. The Office of Finance shall be headed by a Director of Finance.
B. The principal purpose of the Office of Finance shall be to manage the accounting and finance functions of the Saint Regis Mohawk and to assure that all funds are properly accounted for in accordance with generally accepted or legally required accounting principles and methods.
SECTION 3. DEFINITIONS
There are no words or phrases that require statutory definition as part of this enactment.
SECTION 4. POWERS AND DUTIES GENERALLY
Specifically, the Director of Finance shall be responsible for:
A) Providing an accounting and reporting system that will accumulate and report appropriate revenues, expenses sets, abilities, and related quantitative information
B) Assuring a integrity of financial information concerning the Saint Regis Mohawk Tribe activities and resources.
C) Preparing financial reports based on generally accepted accounting principles, or other appropriate bases as may be applicable to Federally Recognized Indian Tribes.
D) Quantifying and interpreting the effects of planned transactions and other economic transactions on the Saint Regis Mohawk Tribe.
E) Assuring protection of the assets of the Saint Regis Mohawk Tribe through internal control, internal auditing, and proper insurance coverage.
F) Supervising and coordinating the preparation and issuance of required reports for Tribal Officials and government agencies.
G) Maintaining banking arrangements, receipt and disbursing funds of the Saint Regis Mohawk Tribe and its programs.
H) Recommending the appointment of independent public accountants and the extent and scope of their audit work.
I) Establishing and supervising a sound program of cash management involving both receipts and disbursement of funds.
J) Forecasting fund and cash positions at future dates as a guide to their availability and need.
K) Overseeing with the assistance of the Contracts and Grants Manager the budgeting functions of the Saint Regis Mohawk Tribe and providing assistance as necessary with various program budgets.
L) Informing program managers and department heads of the status of program funds and budgets.
M) Acting as Financial Advisor to the Tribal Chief Executive and Tribal Council of the the Saint Regis Mohawk Tribe.
N) Supervising the preparation and issuance of employee payrolls.
O) Establishing and implementing a sound plan of organization for assigned financial administration functions.
P) Determining the necessary manpower for performing assigned functions.
Q) Selecting and maintaining qualified personnel in subordinate positions and recommending compensation for the same.
R) Establishing and issuing plans, policies and procedures governing the performance of assigned activities.
S) Performing all functions at the lowest cost, consistent with effective performance.
T) Performing any additional functions as delegated by the Tribal Chief Executive and Tribal Council.
SECTION 5. REQUIREMENTS FOR DEPOSIT OF FUNDS GENERALLY
Any funds in the custody of the Saint Regis Mohawk Tribe shall be deposited in an approved depository. There shall be one principle depository, provided for by law, and as many subsidiary depositories as may be necessary for the efficient regulation and management of Tribal business. Said subsidiary depositories shall be approved in accordance with section 7 of this code.
SECTION 6. PRINCIPAL DEPOSITORY
The depositories for funds under the control of the Saint Regis Mohawk Tribe shall be the Key Bank, Massena, New York, Fleet Bank, Massena, New York, and the Bank of Montreal, Cornwall Island Ontario, or such other banking institutions which the Saint Regis Mohawk Tribe deems appropriate.
SECTION 7. SUBSIDIARY DEPOSITORIES
A) Subsidiary depositories used for investment of tribal funds shall be determined by competitive bidding. Said bidding and selection process in investment depositories shall be conducted by the Finance Department subject to review by the Tribal Council, on a regular basis.
B) Other subsidiary depositories may be designated for the purpose of efficient regulation and management of tribal business in a particular locale. Subsidiary depositories provided for under this subsection shall maintain a checking/general banking relationship with Saint Regis Mohawk Tribe and shall be approved, upon recommendation of the Director of Finance, by resolution from the Tribal Council. Said resolution shall contain the name of the financial institution, the purpose of the depository, and the names of those persons authorized to conduct transactions with said depository.
SECTION 8. CONTROL OF DEPOSITED FUNDS
A. No funds under the control of the Saint Regis Mohawk Tribe shall be deposited in any financial institution unless said institution is insured by either the Federal Deposit Insurance Corporation (FDIC), the Federal Savings and Loan Insurance Corporation (FSLIC) or Canadian Deposit Insurance.
B No funds in excess of $100,000.00 shall be deposited in a single financial institution unless such funds are collateralized either by bonds with a minimum of an AA rating or local, state, U.S. government and Saint Regis Mohawk Tribe securities.
SECTION 9. AUTHORITY TO SIGN CHECKS
A. The authority to sign checks and other financial instruments on behalf of the Saint Regis Mohawk Tribe shall from time to time be determined by the Tribal Council through Tribal Council Resolutions. The Tribal Chief Executive shall always be an authorized signer of checks and other financial instruments by virtue of occupying a position of important public trust.
B. The policy of the Saint Regis Mohawk Tribe is to always have two or more persons vested with the authority to sign checks and other financial instruments. The following appointed and elected officials of the Saint Regis Mohawk Tribe are authorized to sign checks or financial instruments in such circumstances and amount limitations as may be determined by resolution of the Tribal Council.
(1) The Tribal Chief Executive;
(2) The Vice-Chief of the Saint Regis Mohawk Tribe but only in the absence of the Tribal Chief Executive or when the Vice-Chief is lawfully acting as the Chief Executive;
(3) The Chairperson of the Tribal Council or a designee in his official absence.
C. Whenever checks require more than one signature, the signers shall be from different branches of the Tribal government. The two signatures may not be officials of the same branch of the Tribal government unless there is a legitimate public emergency and the failure to sign would cause imminent harm to the Tribal government of the Mohawk community.
SECTION 10. REQUIREMENTS FOR APPROPRIATIONS OF FUNDS GENERALLY
A. All appropriations of funds shall be provided for by law. The appropriation bill shall be proved for by law. The appropriation bill shall include the source of funds, the amount of funds, and the purpose for which the funds are being appropriated.
B. Any restricted grants, contracts or donated funds received by the Saint Regis Mohawk Tribe shall be used only for those purposes and under the conditions for which the funds are made available. These funds shall not be appropriated by the Tribal Council, but shall be subject to review by the Tribal ounce.
SECTION 11. ANNUAL APPROPRIATIONS
A. In December of each year the Tribal Chief Executive and Finance Committee of the Tribal Council, upon direction of the Tribal Administrator and with advisement from the Finance Director, shall formulate an annual appropriations bill. The bill shall contain the budgeted annual revenue and expenditures from the general fund, enterprise fund, and trust fund for the executive, legislative, and judicial branches of government. Said bill shall identify the individual sources of revenue for each branch of government. The sources of revenue may be based upon estimates. The budgeted expenditures formulated as provided for in this subsection shall not exceed total estimated revenues.
B. Upon completion of the annual appropriations bill, the Tribal Chief Executive or his designee, shall present the said bill to the full Tribal Council for consideration and passage.
C. The Tribal Administrator and with advisement from the Finance Director shall be responsible for proposing amendments to the annual appropriations law based upon material changes in real or estimated revenues and expenditures that affect the total amounts budgeted. Any amendments provided for in this subsection shall be presented to the full Tribal Council for consideration and passage.
SECTION 12. INVESTMENTS OF JUDGMENT FUNDS - GENERALLY
Any investment of judgment funds shall be pursuant to 25 U.S.C. §162a. The use or distribution of said funds shall be in accordance with 25 CFR §87.1 et seq.
SECTION 13. RESERVATION OF RIGHTS' INVESTMENT JUDGMENT FUNDS
The Tribal Council of the Saint Regis Mohawk Tribe reserves the right, within statutory authority and limitations, to recommend to the Secretary of the Interior preferred financial institutions for the investment of judgment funds.
SECTION 14. INVESTMENT OF SURPLUS FUNDS
Surplus funds from tribal operations may be invested by the Finance Director, upon direction of the Tribal Chief Executive and Tribal Administrator and with the consent of the Tribal Council in accordance with Section 15 of this Code.
SECTION 15. TERM OF INVESTMENTS
Tribal funds invested pursuant to Section 12 and 13 of this Code shall be for a period not to exceed 120 days; provided that funds may be invested for a longer term upon approval of the Tribal Council.
SECTION 16. SELECTION OF INVESTMENT INSTITUTION
A. The Finance Director shall, upon determination of the amount of surplus funds, solicit bids from financial institutions for the purpose of investing said funds.
B. The Finance Director shall use the following criteria in the determination of the successful bidding institution:
1. The institution offering the highest interest rate on the funds, and;
2. In the event that one or more institutions offer the same highest rate of interest, the funds shall be equally distributed among those institutions; provided that if the amount of funds are not sufficient to distribute among several institutions, those institutions offering the highest rate of interest shall be selected by the earlier postmark.
SECTION 17. PROTECTION OF INVESTED FUNDS
In the event that the invested funds in a single institution amount to more than $100,000.00, the funds shall be collateralized as provided for in subsection 1B of section 8 of this code, and provided further that the institution where said funds are invested shall secure and pledge to the Saint Regis Mohawk Tribe joint custody receipts for the full amount of said funds.
SECTION 18. OFFICERS REQUIRED TO FURNISH SURETY BONDS; CONDITIONS OF AND PAYMENT FOR BONDS
All officers, elected or appointed, who are authorized to a position of trust over any land, property, accounts or monies, shall execute an official surety bond. Said bonds shall inure to the benefit of and be paid for by the Saint Regis Mohawk Tribe.
SECTION 19. AMOUNT OF BONDS
The following officers of the Saint Regis Mohawk Tribe shall be bonded in the following amounts:
Chief Executive - $100,000.00
Tribal Vice-Chief - $100,000.00
Tribal Council - $100,000.00
Tribal Clerk - $100,000.00
Director of Contracts - $100,000.00
Finance Director - $100,000.00
Tribal Administrator - $100,000.00
Assistant Tribal Administrator - $100,000.00
Department Heads - $50,000.00
Finance Employees - $50,000.00
SECTION 20. BONDING COMPANY
The bonding of officers as required in section 17 of this Code shall be by a licensed insurance company, authorized to do business in the State of New York, or be Federally approved as a surety bond company.
SECTION 21. REQUIREMENTS FOR PLEDGES OF CREDIT OF THE SAINT REGIS MOHAWK TRIBE GENERALLY
The credit of the Saint Regis Mohawk Tribe may be extended to any individual, company, corporation, or association by resolution of the Tribal Council. Said resolution shall contain the name of the entity tribal credit is being pledged to, the purpose of the credit, the amount of credit being pledged, and the length of time the pledge of credit is to be in effect.
SECTION 22. PLEDGES OF CREDIT REQUIRING WAIVER OF SOVEREIGN IMMUNITY
Any pledge of credit that requires the waiving of sovereignty of the Saint Regis Mohawk Tribe shall be effected by resolution of the Tribal Council and approved by the Tribal Chief Executive. The said resolution shall state the time the waiver is to be in effect, and such effective time shall rule past any change in the elected Tribal Council. The said resolution must contain the information required in Section 20 of this Title.
SECTION 23. GOVERNING ACCOUNTING STANDARDS
Generally accepted accounting principals (GAAP), established by the National Council on Governmental Accounting., The American Institute of CPA's, and the Financial Accounting Standards Board, shall be used in accounting and reporting for the financial activities of the various entities of the Saint Regis Mohawk Tribe, unless they conflict with applicable legal requirements.
SECTION 24. COMBINED FINANCIAL STATEMENT REPORTS
At each regular session of the Tribal Council, the Finance Director shall submit a combined financial statement. Said statement shall contain a combined balance sheet showing all fund and account groups, their assets, liabilities, and equity; a general fund statement of revenues and expenditures; a tribal enterprise statement of revenues and expenditures; a non-tribal grant expenditure statement; a statement of the tribal loan fund, showing changes in the fund balance; and a statement of the tribal judgment fund, showing changes in the fund balance.
SECTION 25. ANNUAL AUDIT STATEMENTS AND REPORTS
Within 120 days or no more than 150 days after the end of the tribal fiscal year, the Finance Director shall submit audited financial statements and related reports developed in accordance with generally accepted auditing standards and applicable legal requirements to the Tribal Council.
SECTION 26. RETENTION OF RECORDS
The Finance Director, under the direction of the Tribal Chief Executive and Tribal Administrator, shall develop and maintain a fiscal records retention program. The records retention program shall identify the records to be retained, the length of time the records are to be retained, and the method of record destruction for those records not retained.
SECTION 27. VERIFICATION AND APPROVAL OF CLAIMS
All appropriate claims against the Saint Regis Mohawk Tribe and against its funds shall be verified by the claimant and shall be approved by a Tribal representative who has personal knowledge of the receipt of goods or services before the same are paid.
SECTION 28. DEVELOPMENT AND MAINTENANCE OF POLICIES AND PROCEDURES GOVERNING
PROCESSING OF CLAIMS
The policies and procedures covering the processing of claims against the Saint Regis Mohawk Tribe shall be developed and maintained by the Finance Director and Tribal Administrator.
SECTION 29. PROVISIONS AS CUMULATIVE
The provisions of this Act shall be cumulative to existing law.
SECTION 30. REPEAL PROVISIONS AND CONFORMING AMENDMENTS
No provisions of law are expressly repealed by this enactment.
SECTION 31. SEVERABILITY
The provisions of this Act are severability and if any part or provision shall be held void by any court of competent jurisdiction, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this Act.