Pueblo de San Ildefonso Law Library

Resolution No. SI-R24-009: ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2024-2025

At a duly called meeting of the Council of San Ildefonso Pueblo on the 20th day of June, 2024, 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 voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and,

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

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

WHEREAS, the Pueblo's FY 2024-2025 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and,

WHEREAS, for budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year; and,

WHEREAS, as part of fiscal responsibility the Council directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and,

WHEREAS, the Governor shall keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and,

WHEREAS, as part of the close fiscal monitoring of revenues, it is imperative that the Pueblo properly identify, record, and maximize use of revenues generated from long term right-of-way agreements for Pueblo property, and,

WHEREAS, the Governor's Office, in coordination with the Council's Budget, Finance, and Taxation Committee, developed the proposed budget attached to this Resolution ("FY 2024-2025 Annual Budget") and recommends approval of the attached FY 2024-2025 Annual Budget as summarized below; and,

ANNUAL BUDGET: FISCAL YEAR 2024-2025
GENERAL FUND $ 5,753,257.00
SPECIAL REVENUE FUND $ 5,627,209.00
CAPITAL PROJECTS FUND $ 5,412,807.00
TOTAL BUDGET: $ 16,793,273.00

WHEREAS, the Council has reviewed the proposed FY 2024-2025 Annual Budget and the Budget, Finance, and Taxation Committee's recommendation to approve the Annual Budget.

NOW THEREFORE BE IT RESOLVED, that the Council hereby:

1. Approves and enacts the attached FY 2024-2025 Annual Budget in the total amount of $16,793,273.00 effective July 1, 2024 to June 30, 2025; the total amount of the approved budget includes a 6.0% Cost of Living Adjustment (COLA) for eligible employees; and

2. Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

3. Directs the Governor to provide the Council with a quarterly report on the expenditure of budget funding; and

4. Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

5. Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

6. Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

7. Approves and adopts this resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor or his designee to take such actions as deemed necessary to carry out the intent of this resolution.

ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2024-2025

(July 1, 2024 to June 30, 2025)

ANNUAL BUDGET: FISCAL YEAR 2024-2025
GENERAL FUND $ 5,753,257.00
SPECIAL REVENUE FUND $ 5,627,209.00
CAPITAL PROJECTS FUND $ 5,412,807.00
TOTAL BUDGET: $ 16,793,273.00

Annual Budget including all program budgets is attached as a separate document.

Section 1.1. Short Title

This enactment shall be known as the "ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2024-2025."

Section 1.2. Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Governor" means the Pueblo de San Ildefonso Governor.

(d) "Pueblo" means the Pueblo de San Ildefonso.

Section 1.3. Purpose

The purpose of this Act is to approve the Annual Budget for the Fiscal Year 2024-2025 (July 1, 2024 to June 30, 2025).

Section 1.4. Findings

The Council hereby finds that:

(a) The government of the Pueblo operates on a limited budget.

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

(c) The Pueblo's FY 2024-2025 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads.

Section 1.5. Authorizations

The Council hereby:

(a) Approves and enacts the attached FY 2024-2025 Annual Budget in the total amount of $16,793,273.00 effective July 1, 2024 to June 30, 2025 the total amount of the approved budget includes a 6.0% Cost of Living Adjustment (COLA) for eligible employees; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a quarterly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) Approves and adopts this resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor or his designee to take such actions as deemed necessary to carry out the intent of this resolution.

Section 1.6. Sovereign Immunity

Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

Section 1.7. Severability

If a court of competent jurisdiction finds any provision of this Budget to be invalid or illegal under applicable law, such provision shall be severed from this Budget and the remainder of this Budget shall remain in full force and effect.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on June 20, 2024, at a meeting with a vote of 8 in favor, 0 opposed, 0 abstaining and 2 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Denise Moquino, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives

COUNCIL REPRESENTATIVE YES NO ABSTAIN ABSENT
Tom Garcia X
John Gonzales X
Thomas Gonzales X
Nichole S. Martinez X
Perry Martinez X
Raelene Martinez X
Raymond J. Martinez X
Denise Moquino X
Christopher Romero X
Kenneth Weahkee X

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R24-009 was presented to the Governor of the Pueblo de San Ildefonso

on the 20th day of June , 2024, 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.

Denise Moquino, Council Secretary

GOVERNOR'S ACTION:

{ X } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this 25th day of June, 2024.

Christopher Moquino, Governor

Presented by the Governor to the Council on the ____ day of ____________, 2024.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

COUNCIL REPRESENTATIVE YES NO ABSTAIN ABSENT
Tom Garcia
John Gonzales
Thomas Gonzales
Nichole S. Martinez
Perry Martinez
Raelene Martinez
Raymond J. Martinez
Denise Moquino
Christopher Romero
Kenneth Weahkee

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2024, 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.

Denise Moquino, Council Secretary

ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2024-2025

(July 1, 2024 to June 30, 2025)

ANNUAL BUDGET: FISCAL YEAR 2024-2025
GENERAL FUND $ 5,753,257.00
SPECIAL REVENUE FUND $ 5,627,209.00
CAPITAL PROJECTS FUND $ 5,412,807.00
TOTAL BUDGET: $ 16,793,273.00

Annual Budget including all program budgets is attached as a separate document.

Section 1.1. Short Title

This enactment shall be known as the "ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2024-2025."

Section 1.2. Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Governor" means the Pueblo de San Ildefonso Governor.

(d) "Pueblo" means the Pueblo de San Ildefonso.

Section 1.3. Purpose

The purpose of this Act is to approve the Annual Budget for the Fiscal Year 2024-2025 (July 1, 2024 to June 30, 2025).

Section 1.4. Findings

The Council hereby finds that:

(a) The government of the Pueblo operates on a limited budget.

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

(c) The Pueblo's FY 2024-2025 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads.

Section 1.5. Authorizations

The Council hereby:

(a) Approves and enacts the attached FY 2024-2025 Annual Budget in the total amount of $16,793,273.00 effective July 1, 2024 to June 30, 2025 the total amount of the approved budget includes a 6.0% Cost of Living Adjustment (COLA) for eligible employees; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a quarterly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) Approves and adopts this resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor or his designee to take such actions as deemed necessary to carry out the intent of this resolution.

Section 1.6. Sovereign Immunity

Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

Section 1.7. Severability

If a court of competent jurisdiction finds any provision of this Budget to be invalid or illegal under applicable law, such provision shall be severed from this Budget and the remainder of this Budget shall remain in full force and effect.

Law Information

Cites

  • Council Resolution No. SI-R24-009

Effective

June 25, 2024

Adopted

June 20, 2024