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The purpose of this Article is to ensure uniform standards for the utilization, accountability, control and disposal of all Tribal owned, rented and leased personal property.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
The Tribal Council shall adopt policies and procedures for the effective management, efficient utilization and safeguarding of Tribal owned property, while conforming to applicable federal laws and regulations.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
A. Any property owned, leased or rented by the Tribe shall be used only for its intended purpose and in the performance of Tribal activities.
B. Property owned, leased or rented by the Tribe may not be used by any individuals, organizations or employees for personal use, except as expressly authorized by the Tribal Council by meeting minutes or resolution, or as reflected in the laws, regulations and policies of the Tribe as adopted by the Tribal Council. Such personal use shall be considered, at minimum, theft and conversion of Tribal property and shall be prosecuted to the full extent of the law.
C. Property purchased by the Tribe using Tribal funds shall be titled in the name of the San Juan Southern Paiute Tribe. Titling of any Tribal property in the name of an individual shall be considered, at minimum, theft and conversion of Tribal property and shall be prosecuted to the full extent of the law.
D. Tribal Council Members, officers, employees and agents of the Tribe shall not loan any property owned by the Tribe to any other person either gratuitously or for consideration. Loaning such property shall be considered, at minimum, theft and conversion of Tribal property and shall be prosecuted to the full extent of the law.
E. In the event of public emergency such as fire, flood, earthquake or other public disaster, the President, or his or her authorized delegate, may permit property to be used for appropriate purposes. Such authorization for use shall be reported promptly in writing to the Tribal Council by the person authorizing such use.
F. The Tribal Administrator shall establish an inventory of common use property where shared use by various Tribal departments and programs is more appropriate to efficient use of resources. In such event, a written list of common use property shall be maintained and departments and programs shall not purchase similar property for individual department or program use unless authorized by the budget of the particular department or program.
G. Property acquired by the Tribe shall be available for use by the Tribe. Assignment of common use property to the acquiring department does not create "department" ownership. To the extent that efficient utilization dictates shared use of property, shared use shall be expected unless otherwise prohibited or restricted by the conditions of various funding sources.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
A. Property that is determined to be no longer needed or usable by the Tribe, as determined by the Tribal Council, shall be disposed of by the Procurement Officer in accordance with the requirements of this Section.
B. Property having an approximate value of $2,500 or more shall be sold through advertisement, at public auction, sealed bid, negotiated sale, trade or exchange or other means in the best interests of the Tribe, including donation.
C. Property having an approximate value of less than $2,500 shall be disposed of by the most expedient method considering the cost of handling and sale. Such property may be gifted to local organizations or individuals.
D. Items purchased grant funds shall be disposed of consistent with the applicable awards or regulations.
E. On a monthly basis, the Procurement Officer shall present a written report to the Tribal Council regarding the property that is planned for disposal within the next three (3) months and that has been disposed of in the preceding month.
F. The Procurement Officer shall provide any additional reports as requested by the Tribal Council, President, Vice President, Tribal Administrator, Comptroller or Accountant.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
A. Loss or theft of Tribal property shall be immediately reported to the President, Vice-President, Tribal Administrator and Procurement Officer by the person having authorized custody of the property. An Incident Report shall also be prepared to document the loss or theft and shall be kept in the Tribal records.
B. The Tribal Administrator shall report thefts to appropriate law enforcement officials and insurance carriers, as applicable. The person having authorized custody of the property shall cooperate and coordinate with the Tribal Administrator to make the necessary reports.
C. Loss or theft of information technology (e.g. computers, laptops, phones, etc.) shall also be immediately reported by the person having authorized custody of the technology to the Tribe’s Information Technology (IT) professional.
D. To the extent that Tribal property is located and is not claimed or identified with a particular department or program, such property shall be turned over to the Tribal Administration for handling and disposition.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
Tribal Council Members, officers, employees and agents of the Tribe are expected to take personal responsibility for the care and safekeeping of Tribal property under their control and use. To the extent that loss, damage or destruction of property is determined to be due to the neglect or intentional misconduct, an individual may be assessed liability up to the value of the property and may be subject to disciplinary action, including reprimand, probation, suspension and termination, civil or criminal action, depending on the severity of the offense.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
Property shall be insured at its replacement value and shall subject to deductibles and self-insured limits as established by the Tribal Council. The insurance carrier shall be provided with the property inventory on an annual basis or at such other intervals as are required.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
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