Resolution No. SI-R17-008: Fiscal Procedures Act Amendment of 2017

At a duly called meeting of the Council of San Ildefonso Pueblo on the 19th day of April, 2017, the following Resolution was adopted:

WHEREAS, the Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

WHEREAS, the Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

WHEREAS, Section 5 of the Agreement establishes the process for enacting an annual budget for the Pueblo and sets forth fiscal audit and accountability requirements; and,

WHEREAS, the Pueblo enacted a set of comprehensive fiscal procedures that cover the fiscal requirements of the Agreement and best practices for finance and accounting activities; and,

WHEREAS, the Council finds the need to amend the fiscal procedures to provide a short-term authorization for Fiscal Year 2016-2017 to address an unanticipated penalty imposed by the U.S. Government caused by the theft of grant funds from the Pueblo by a former employee; and,

WHEREAS, the Pueblo is pursuing all available means to recover the missing funds from the perpetrator but in the meantime will repay the grant funds to the U.S. Government to ensure that the Pueblo's other grant programs are not adversely affected.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the "FISCAL PROCEDURES ACT AMENDMENT OF 2017;" and,

NOW BE IT FINALLY RESOLVED, that the Council hereby authorizes and directs the Governor or his designee to take such actions as deemed necessary to carry out the intent and purpose of this Resolution.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on April 19, 2017, at a meeting with a vote of 10 in favor, 0 opposed, 0 abstaining and 0 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Lt. Governor Moquino/CR Irene Tse-Pe

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R17-008 was presented to the Governor of the Pueblo de San Ildefonso on the 19th day of April, 2017, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4(c), and will become effective after signature by the Governor or veto override by the Council.

Irene Tse-Pe, Council Secretary

GOVERNOR'S ACTION:

{ } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this __________ day of _______________________, 2017.

James R. Mountain, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2017.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2017, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

FISCAL PROCEDURES ACT AMENDMENT OF 2017

The Fiscal Procedures Act Amendment of 2017

Section 1.1. Short Title

This enactment shall be known as the "FISCAL PROCEDURES ACT AMENDMENT OF 2017 ("Act")."

Section 1.2. Amendments

The Fiscal Procedures Act shall be amended as follows:

Section 1.7 (a), as shown below, shall be amended by adding a new subsection (3) as follows:

(3) from any available and unrestricted funds into the Contingency Fund; provided that any transfers of funds into the Contingency Fund shall be used exclusively to address unforeseen circumstances that cause or threaten to cause the Pueblo to be in default of a grant, contract or other obligation to the U.S. Government; provided, that this authorization shall expire at the end of the Fiscal Year 2016-2017.