6.4.4.010 Findings

(a) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement;

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures;

(d) The Council approved the FY2015-2016 Annual Budget on June 22, 2015 and has authorized one modification to the budget to date (Budget Modification No. 1);

(e) It has been determined that certain modifications to the FY 2015-16 Annual Budget are necessary;

(f) Governor James Mountain has confirmed to the Council that, during the 2015-16 fiscal year, he approved an expenditure on the Chromium project ("Project") of approximately $174,000 in excess of the amounts appropriated by the Council in the Budget for the Project;

(g) Governor Mountain has offered explanations for the Project over-expenditure, however, the Council remains deeply concerned that any over-expenditure of the Pueblo's funds creates potential audit findings and raises serious issues about the efficacy of other expenditures approved by the Governor and whether budget limitations have been maintained;

(h) While the Council remains strongly opposed to any expenditure of the Pueblo's funds in excess of appropriated amounts, the Council has found no evidence of any misapplication of the funds in question, and the Council has determined that the use of the funds in question on Project activities is in the best interests of the Pueblo;

(i) The proposed budget modifications attached to this Resolution ("Budget Modification No. 2"), including the modification to retroactively approve the Project over-expenditure approved by the Governor, have been reviewed by the Council Budget, Finance, and Taxation Committee, which has recommended approval of the attached modifications;

(j) The Council has reviewed the proposed Budget Modification No. 2 and the Budget, Finance, and Taxation Committee's recommendation to approve Budget Modification No. 2.