2024-11. Emergency Assistance Fund Authorization Act of 2024

An Act to provide financial support to Upper Mattaponi Tribe Citizens for family, medical, and personal emergencies. This legislation establishes formal standards for determining the reasons and amounts for issuing emergency funds, addressing the current lack of written guidelines.

At a duly called Special Session of the Council, held this 12 day of September, 2024, the following Resolution and Law were adopted.

WHEREAS, the Council is vested with the authority to pass Resolution and Law pursuant to Article VII, Section 4 and Section 5 of the Constitution of the Upper Mattaponi Tribe ("Tribe"); and,

WHEREAS, the Council has the responsibility to establish Laws that preserve and protect the financial assets of the Tribe, and to require accountability and oversight of the expenditure of the Tribe's funds; and,

WHEREAS, the Chief and Council have identified the need to provide emergency funds to Citizens of the Tribe for unforeseen, serious emergencies; however, no written standards exist for determining reasons why, and in what amount, emergency funds should be issued.

NOW THEREFORE IT BE IT RESOLVED; that the Council hereby enacts the Law entitled, "Emergency Assistance Fund Authorization Act of 2024", as outlined below:

Section 1.1. Short Title

This enactment shall be known as the "EMERGENCY ASSISTANCE FUND AUTHORIZATION ACT OF 2024" ("Act").

Section 1.2. Purpose

The purpose of this Act is to provide emergency funds to Citizens of the Tribe upon request for family, medical, and other personal needs; however, no written standards exist for determining reasons why, and in what amount, emergency funds should be issued.

Section 1.3. Findings

The Council hereby finds and declares that:

(a) On July 22, 2023, the voters of the Tribe approved a new constitution ("New Constitution");

(b) The New Constitution calls for the Council to pass laws and resolutions to establish clear financial practices that the must be followed to provide accountability of the Tribe' funds and assets;

(c) The Bill of Rights in the Constitution requires that the Tribe to provide equal treatment to all Citizens of the Tribe when it administers programs and services.

Section 1.4. Minimum Criteria

The Council hereby authorizes and directs the Chief, or his designee, to develop and implement written rules and procedures to administer the Emergency Assistance Fund for distribution of funds to Citizens of the Tribe or on behalf of Citizens of the Tribe, which shall include the following minimum criteria:

(a) The rules shall establish a fair and equal process for Citizens of the Tribe to apply for and receive appropriated funds from the Emergency Assistance Fund for emergency purposes.

(b) Each distribution from the Emergency Assistance Fund shall be limited up to an amount indicated per person as appropriated in an approved Annual Budget, until the appropriated funds have been expended.

(c) The funds from the Emergency Assistance Fund shall be divided into four equal quarters each fiscal year and shall be issued on a first-come, first-served basis until all of the appropriated funds are expended from the Emergency Assistance Fund for each quarter of the fiscal year; provided, that unused funds may be utilized in the next quarter of the fiscal year.

(d) The Chief or his designee shall be required to maintain a written record of all funds issued from the Emergency Assistance Fund, the age of the Citizen to whom the funds were issued, and the reason offered in support of the request for funds, and to provide a copy of the report to the Council no later than sixty days after the end of each fiscal year.

Section 1.5. Authorization of Appropriation of Funds

The Council hereby authorizes an appropriation of funds to be included in the Annual Budget or Budget Modification for expenditure to implement this Act.

CERTIFICATION

The foregoing Act was duly voted upon by the Council on the 12 day of September, 2024, at a Special Session with a vote of 7 in favor and 0 opposed, 0 abstaining, and 0 absent, pursuant to the authority vested in the Council by the Constitution of the Tribe.