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adopted by the Tribal Council on 7/19/94 and replaces the repealed Act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:
Tribal
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.
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