Resolution No. SI-R21-016: Adopting the Pueblo de San Ildefonso Conflict of Interest Policy
At a duly called meeting of the Council of San Ildefonso Pueblo on the 28th day of July, 2021, the following law was adopted:
WHEREAS, the Pueblo de San Ildefonso ("Pueblo") has received a grant for infrastructure improvement from the U.S. Department of Agriculture – Rural Development ("USDA-RD"); and,
WHEREAS, the USDA-RD requires that the Pueblo have a conflict of interest policy in place relating to planned or potential transactions with the Pueblo; and,
WHEREAS, the Pueblo has some provisions relating to conflicts of interest in the Accounting Policies and Procedures Manual but the Pueblo should have a more comprehensive policy; and,
WHEREAS, the Council reviewed and considered the attached "Pueblo de San Ildefonso Conflict of Interest Policy" ("Conflict of Interest Policy") and has determined it is in the best interests of the Pueblo to adopt a comprehensive conflict of interest policy.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled
"ADOPTING THE PUEBLO DE SAN ILDEFONSO CONFLICT OF INTERST POLICY ACT."
ADOPTING THE PUEBLO DE SAN ILDEFONSO CONFLICT OF INTEREST POLICY
Section 1.1. Short Title
This enactment shall be known as the "ADOPTING THE PUEBLO DE SAN ILDEFONSO CONFLICT OF INTEREST POLICY ACT."
Section 1.2. Purpose
The purpose of this Act is adopt a conflicts of interest policy for the Pueblo relating to planned or potential transactions with the Pueblo.
Section 1.3. Definitions
(a) "Act" means "Adopting the Pueblo de San Ildefonso Conflict of Interest Policy Act.
(b) "Conflict of Interest Policy" means the Pueblo de San Ildefonso Conflict of Interest Policy. Also "Policy."
(d) "Pueblo" means the Pueblo de San Ildefonso.
(e) "USDA-RD" means the United States Department of Agriculture – Rural Development.
Section 1.4. Findings
The Council hereby finds and declares that:
(a) The Pueblo de San Ildefonso ("Pueblo") has received a grant for infrastructure improvement from the USDA-RD; and
(b) The USDA-RD requires that the Pueblo have a conflict of interest policy in place relating to planned or potential transactions with the Pueblo as part of the grant requirements; and
(c) The Pueblo has some provisions relating to conflicts of interest in the Accounting Policies and Procedures Manual but the Pueblo should have a more comprehensive policy; and
(d) The Council reviewed and considered the attached "Pueblo de San Ildefonso Conflict of Interest Policy and has determined it is in the best interests of the Pueblo to adopt a comprehensive conflict of interest policy.
Section 1.5. Authorizations
(a) The Council hereby adopts the Pueblo de San Ildefonso Conflict of Interest Policy.
(b) The Governor is authorized to make any non-substantive changes to the Addendum as may be needed, provided that the Council is notified of such changes.
PUEBLO DE SAN ILDEFONSO
CONFLICT OF INTEREST POLICY
Section 1. TITLE AND SCOPE
A. TITLE This document shall be referred to as the “Conflict of Interest Policy” (“Policy”) for the Pueblo de San Ildefonso (“Pueblo”).
B. SCOPE
(1) The Pueblo has a governing agreement (“Agreement”) approved in 2011 by the Bureau of Indian Affairs pursuant to Federal law. The Agreement establishes a separation of powers between the Council (legislative powers) and the Governor (executive powers). In the award of contracts or grants, the Agreement requires the Council to decide to authorize a contract by law, and requires the Governor (and executive branch employees) to negotiate and execute the contract. However, the Pueblo Bill of Rights contained in the Agreement prohibits the Pueblo from enacting a private law.
(2) The Policy applies to all Government Officials and management level employees within the context of the governance structure described in Section B(1) above.
(a) Government Official” means any person holding an elective or appointed office of the Pueblo and all management level employees, unless stated otherwise.
Section 2. CONFLICT OF INTEREST
A. CONFLICT OF INTEREST
(1) A conflict of interest may arise when the Government Official or any member of their Immediate Family, or an organization or firm which employs such official or family member, has a financial interest in the firm or person selected for the contract or grant award.
(a) “Immediate Family” includes husband, wife, father, mother, sister, brother, son, daughter, grandparent, grandchild, niece, nephew, aunt, uncle, first-cousin, and in-laws (mother, father, son, daughter, brother and sister).
(b) Financial Interest” exists when a person, directly or indirectly, through business, investment or Immediate Family, has:
i. an ownership or investment interest in any entity with which the Pueblo has a transaction or arrangement;
ii. a compensation arrangement with any other entity or individual with which the Pueblo has a transaction or arrangement; or
iii. a potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Pueblo is negotiating a transaction or arrangement.
A Financial Interest is not necessarily always a conflict of interest. A person who has a Financial Interest may have a conflict of interest only if the appropriate tribal official overseeing the transaction or who is designated to investigate the matter determines that a conflict of interest exists.
B. DISCLOSURE OF A CONFLICT OF INTEREST
(1) Disclosure. A Government Official who has a Financial Interest that creates a conflict of interest with their duties, shall disclose those conflicts of interests.
(2) When a Government Official is required to take official action on a matter in which the Government Official has a Financial Interest, they should first consider eliminating that interest. If that is not feasible, the Government Official shall:
(a) Promptly prepare and sign a written statement describing the conflict of interest and shall notify the responsible party for inclusion of the disclosure in the appropriate official record of any vote, decision, or determination;
(b) Abstain from influencing any vote, official decision, or determination which would favor or advance such person’s Financial Interest in such matter; and
(c) Abstain from voting or otherwise participating in the official decision or determination of such matter, unless otherwise legally authorized or required by Pueblo law to take such action.
Section 3. RESTRICTIONS
A. FINANCIAL INTERESTS
(1) To avoid using governmental positions to serve their own Financial Interests, Government Officials shall:
(a) Not accept or receive any benefit, income, favor or other form of compensation for performing the official duties of their office or employment, beyond the amount or value which is authorized and received in their official capacity for performing such duties;
(b) Not solicit, or offer anything of value in the course of business dealings or negotiations;
(c) Not solicit or accept any kickback, bribe, rebate or any kind of benefit intended to induce a governmental decision or benefit within the authority of the Government Official.
(d) Not engage in, directly or indirectly, a financial transaction as a result of information obtained through their public office or employment.
(2) This Policy does not apply to benefits that are available to all Members of the Pueblo.
B. CONTRACTS: RESTRICTIONS
(1) No Government Official shall participate in the selection or the award of a contract or grant award if the Government Official has a conflict of interest in the transaction that cannot be resolved.
C. GIFTS, AWARDS, LOANS, REIMBURSEMENTS AND CONTRIBUTIONS
(1) No Government Official shall solicit or accept for themselves or another any gift, including economic opportunity, favor, service, or loan (other than from a regular lending institution on generally available terms) or any other benefit of an aggregate monetary value of one hundred dollars ($100.00) or more in any calendar year, from any person, organization or group which:
(a) Has, or is seeking to obtain, a contractual or other business or financial relationship with the Pueblo; or
(b) Conducts operations or activities which are regulated or in any manner supervised by any governmental office of the Pueblo.
(2) The restrictions in Section 3(C)(1) above shall not be construed to prohibit:
(a) An occasional non-pecuniary gift that is insignificant in value;
(b) Gifts received pursuant to family or social relationships, as among family members or such as family inheritances, or as part of traditional gift-giving practices;
(c) Food and refreshments customarily made available in the ordinary course of meetings where a Government Official may properly be in attendance;
(d) An award or honor customarily and publicly presented in recognition of public service.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on July 28 , 2021, 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.
Terrence K. Garcia, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Terrence K. Garcia | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| M. Wayne Martinez, Jr. | X | |||
| Nichole S. Martinez | X | |||
| Raymond J. Martinez | X | |||
| Denise Moquino | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Nathan Sanchez | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R21-016 was presented to the Governor of the Pueblo de San Ildefonso on the 29th day of July , 2021, 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.
Terrence K. Garcia, Council Secretary
{ X } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this 29th day of July , 2021.
Christopher Moquino, Governor
Presented by the Governor to the Council on the _______ day of ________________, 2021.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| M. Wayne Martinez, Jr. | ||||
| Nichole S. Martinez | ||||
| Raymond J. Martinez | ||||
| Denise Moquino | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2021, 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.
Terrence K. Garcia, Council Secretary
ADOPTING THE PUEBLO DE SAN ILDEFONSO CONFLICT OF INTEREST POLICY
Section 1.1. Short Title
This enactment shall be known as the "ADOPTING THE PUEBLO DE SAN ILDEFONSO CONFLICT OF INTEREST POLICY ACT."
Section 1.2. Purpose
The purpose of this Act is adopt a conflicts of interest policy for the Pueblo relating to planned or potential transactions with the Pueblo.
Section 1.3. Definitions
(a) "Act" means "Adopting the Pueblo de San Ildefonso Conflict of Interest Policy Act.
(b) "Conflict of Interest Policy" means the Pueblo de San Ildefonso Conflict of Interest Policy. Also "Policy."
(d) "Pueblo" means the Pueblo de San Ildefonso.
(e) "USDA-RD" means the United States Department of Agriculture – Rural Development.
Section 1.4. Findings
The Council hereby finds and declares that:
(a) The Pueblo de San Ildefonso ("Pueblo") has received a grant for infrastructure improvement from the USDA-RD; and
(b) The USDA-RD requires that the Pueblo have a conflict of interest policy in place relating to planned or potential transactions with the Pueblo as part of the grant requirements; and
(c) The Pueblo has some provisions relating to conflicts of interest in the Accounting Policies and Procedures Manual but the Pueblo should have a more comprehensive policy; and
(d) The Council reviewed and considered the attached "Pueblo de San Ildefonso Conflict of Interest Policy and has determined it is in the best interests of the Pueblo to adopt a comprehensive conflict of interest policy.
Section 1.5. Authorizations
(a) The Council hereby adopts the Pueblo de San Ildefonso Conflict of Interest Policy.
(b) The Governor is authorized to make any non-substantive changes to the Addendum as may be needed, provided that the Council is notified of such changes.
PUEBLO DE SAN ILDEFONSO
CONFLICT OF INTEREST POLICY
Section 1. TITLE AND SCOPE
A. TITLE This document shall be referred to as the “Conflict of Interest Policy” (“Policy”) for the Pueblo de San Ildefonso (“Pueblo”).
B. SCOPE
(1) The Pueblo has a governing agreement (“Agreement”) approved in 2011 by the Bureau of Indian Affairs pursuant to Federal law. The Agreement establishes a separation of powers between the Council (legislative powers) and the Governor (executive powers). In the award of contracts or grants, the Agreement requires the Council to decide to authorize a contract by law, and requires the Governor (and executive branch employees) to negotiate and execute the contract. However, the Pueblo Bill of Rights contained in the Agreement prohibits the Pueblo from enacting a private law.
(2) The Policy applies to all Government Officials and management level employees within the context of the governance structure described in Section B(1) above.
(a) Government Official” means any person holding an elective or appointed office of the Pueblo and all management level employees, unless stated otherwise.
Section 2. CONFLICT OF INTEREST
A. CONFLICT OF INTEREST
(1) A conflict of interest may arise when the Government Official or any member of their Immediate Family, or an organization or firm which employs such official or family member, has a financial interest in the firm or person selected for the contract or grant award.
(a) “Immediate Family” includes husband, wife, father, mother, sister, brother, son, daughter, grandparent, grandchild, niece, nephew, aunt, uncle, first-cousin, and in-laws (mother, father, son, daughter, brother and sister).
(b) Financial Interest” exists when a person, directly or indirectly, through business, investment or Immediate Family, has:
i. an ownership or investment interest in any entity with which the Pueblo has a transaction or arrangement;
ii. a compensation arrangement with any other entity or individual with which the Pueblo has a transaction or arrangement; or
iii. a potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Pueblo is negotiating a transaction or arrangement.
A Financial Interest is not necessarily always a conflict of interest. A person who has a Financial Interest may have a conflict of interest only if the appropriate tribal official overseeing the transaction or who is designated to investigate the matter determines that a conflict of interest exists.
B. DISCLOSURE OF A CONFLICT OF INTEREST
(1) Disclosure. A Government Official who has a Financial Interest that creates a conflict of interest with their duties, shall disclose those conflicts of interests.
(2) When a Government Official is required to take official action on a matter in which the Government Official has a Financial Interest, they should first consider eliminating that interest. If that is not feasible, the Government Official shall:
(a) Promptly prepare and sign a written statement describing the conflict of interest and shall notify the responsible party for inclusion of the disclosure in the appropriate official record of any vote, decision, or determination;
(b) Abstain from influencing any vote, official decision, or determination which would favor or advance such person’s Financial Interest in such matter; and
(c) Abstain from voting or otherwise participating in the official decision or determination of such matter, unless otherwise legally authorized or required by Pueblo law to take such action.
Section 3. RESTRICTIONS
A. FINANCIAL INTERESTS
(1) To avoid using governmental positions to serve their own Financial Interests, Government Officials shall:
(a) Not accept or receive any benefit, income, favor or other form of compensation for performing the official duties of their office or employment, beyond the amount or value which is authorized and received in their official capacity for performing such duties;
(b) Not solicit, or offer anything of value in the course of business dealings or negotiations;
(c) Not solicit or accept any kickback, bribe, rebate or any kind of benefit intended to induce a governmental decision or benefit within the authority of the Government Official.
(d) Not engage in, directly or indirectly, a financial transaction as a result of information obtained through their public office or employment.
(2) This Policy does not apply to benefits that are available to all Members of the Pueblo.
B. CONTRACTS: RESTRICTIONS
(1) No Government Official shall participate in the selection or the award of a contract or grant award if the Government Official has a conflict of interest in the transaction that cannot be resolved.
C. GIFTS, AWARDS, LOANS, REIMBURSEMENTS AND CONTRIBUTIONS
(1) No Government Official shall solicit or accept for themselves or another any gift, including economic opportunity, favor, service, or loan (other than from a regular lending institution on generally available terms) or any other benefit of an aggregate monetary value of one hundred dollars ($100.00) or more in any calendar year, from any person, organization or group which:
(a) Has, or is seeking to obtain, a contractual or other business or financial relationship with the Pueblo; or
(b) Conducts operations or activities which are regulated or in any manner supervised by any governmental office of the Pueblo.
(2) The restrictions in Section 3(C)(1) above shall not be construed to prohibit:
(a) An occasional non-pecuniary gift that is insignificant in value;
(b) Gifts received pursuant to family or social relationships, as among family members or such as family inheritances, or as part of traditional gift-giving practices;
(c) Food and refreshments customarily made available in the ordinary course of meetings where a Government Official may properly be in attendance;
(d) An award or honor customarily and publicly presented in recognition of public service.
