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The purpose of this Article is to establish uniform policies to ensure that the monetary assets of the San Juan Southern Paiute Tribe are appropriately safeguarded and that all efforts are made to maximize the earnings on such assets.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
A. All receipts of the Tribe shall be receipted for by official Tribal receipt and shall be deposited, intact, in such depository or custodial account as shall be selected by the Tribal Council. The Tribal Administrator shall make provisions to ensure that all funds are deposited timely.
B. Unless otherwise provided by law, regulation or policy of the Tribal Council, all monies of the Tribe that are held in bank accounts shall be insured by the Federal Government as to both principal and interest or otherwise collateralized by the bank to the extent provided by law.
C. All revenues shall be credited to such funds as are established by the Tribal Council for which they are received, provided that any revenues not designated to be credited to any other fund shall be credited to the General Fund.
D. No accounts may be opened with any bank or financial institution in the name of the San Juan Southern Paiute Tribe, its enterprises, or any of its subordinate organizations without the approval of the Tribal Council by resolution.
E. The official mailing address of the Tribal Administration as authorized by resolution of the Tribal Council shall be the official mailing address on file for all depository and custodial accounts of the Tribe.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
The Tribal Council shall adopt policies for the appropriate control over all disbursements (e.g. accounts payable, checks, wire transfers, bill pay services, payroll etc.), including provisions for timely payment of all Tribal obligations.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
A. The Tribal Administrator shall make provisions for the timely collections of all sums owed to the Tribe and shall maintain accurate and up-to-date records of all accounts receivable in coordination with the Tribal Accountant.
B. The Tribal Administrator and Directors shall recommend and the President shall initiate collection actions as necessary to provide for the timely collections of all amounts owed to the
Tribe.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
A. The Tribal Council shall be responsible for establishing appropriate cash and fund management procedures and controls to ensure that all the earnings on all available Tribal funds are maximized.
B. Daily records shall be maintained by the Tribal Accountant reflecting the balances of all Tribal accounts.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
A. No borrowing shall be made or entered into without the authorization of the Tribal Council by resolution.
B. All leases of real property (typically land or buildings) and vehicles shall require authorization of the Tribal Council by resolution.
C. No leases of property in excess of $5,000 in total payments over the term of the lease shall be entered into without the approval of the Tribal Council by resolution.
D. Collateral for financing arrangements shall be limited to the assets acquired or leased unless specifically authorized by the Tribal Council by resolution.
E. The Tribal Administrator shall provide a comprehensive record of all debts and financing arrangements and shall ensure that provisions are made for meeting the obligations of such agreements.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
Whenever resources are received by the Tribe for a special purpose for which the Tribe has not previously authorized a separate fund, but for which a separate fund is necessary, the Comptroller shall, in consultation with the Tribal Administrator, establish a fund for the purpose of accounting for such resources until such time as the Tribal Council adopts a title (or policy statement to be adopted by resolution) formally establishing a new fund to account for such resources. The Tribal Administrator shall provide direction for such temporary fund and shall submit a draft title (or policy statement to be adopted by resolution) to the Tribal Council, provided that:
A. Organizational charters for subordinate organizations shall be considered fund authorizations for the purposes of this Title, and
B. Agency funds shall not require fund authorizing titles but shall be established whenever the San Juan Southern Paiute Tribe acts as an agent for the funds of any third party.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
Whenever a policy is recommended to the Tribal Council for the purpose of establishing a separate fund, the policy shall set forth the following provisions:
A. The name of the fund.
B. The purpose of the fund.
C. The intent of Tribal Council in establishing the fund in order to guide the fund's long-term management.
D. Description of the fund: background/history and the circumstances which created the fund and the expectations and intentions of the Tribal Council regarding the future of the fund.
E. Fund authorization: a policy statement authorizing the creation of the fund and identifying the type of fund for accounting purposes.
F. Contribution to the fund: a statement regarding the source of contributions or revenues to the fund including a statement regarding the disposition of earnings on the fund.
G. Custody of the fund: a statement regarding the authorized depositories for the purpose of holding the funds on behalf of the Tribe.
H. Management of fund assets; a statement regarding the management of the assets that direct their investment. The statement shall identify which investment accounts the funds are to be managed in, whether they may be commingled with other Tribal funds, and any other pertinent direction.
I. Authorized uses of the fund: a statement regarding the types of expenditures that may be made from the fund.
J. Appropriation procedures for the fund: a statement indicating the process for appropriating amounts for expenditure from the fund.
K. Authority for margin borrowing against or leveraging of the fund assets if applicable, including procedures and approvals required for such actions.
L. Financial and budget reporting: identification of any special reporting requirements and deadlines for reporting that are in addition to those contained within Article 2 of this Title.
M. Restrictions on spending: directives regarding any restrictions that are placed on the amounts that may be appropriated and expended from the fund.
N. Target or minimum fund balance: a statement regarding any minimum fund balance, targets or other fund balance objectives.
O. Implementation and review of the policy: a statement directing the implementation of the fund, the provision for an annual review and the official responsible for such review, and any specific information required by the review.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
A written informational inventory shall be maintained by the Tribal Accountant and Comptroller of all funds that have been authorized by the Tribal Council and those which have been implemented under the provisions of this Title while awaiting formal approval of the Tribal Council. The inventory shall provide a general description of the fund and reference the adopting action and date of such action.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
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