24.05.430 Council oversight.
(a) Monitoring and Oversight. Pursuant to its powers under the Constitution of the Yurok Tribe and NAHASDA, the Council shall have monitoring and oversight responsibility for the programs, policies, and activities of the Authority to ensure compliance with Yurok Tribal law and policies and NAHASDA. The Council retains the right to monitor and oversee all expenditures of Authority funds through review and approval of annual operating budgets, Indian Housing Plans, annual performance reports, policies and procedures, and quarterly fiscal reports of each grant.
(b) Inspection of Records. The Council, or its designee, shall have the power to inspect and copy any and all records of the Authority in order to meet its monitoring and oversight responsibility, but shall maintain the confidentiality of any records identified by the Authority as confidential.
(c) Approval of Major Undertakings. The Council shall have the power to approve or deny all major undertakings by the Authority. The Authority shall submit an agenda item to the Council for approval of the major undertaking and Council shall hear the item at its next regularly scheduled meeting or a special meeting called for such purpose. If Council does not act on the major undertaking at that meeting or tables it to the next meeting, then it shall be deemed approved. Major undertakings include the following:
(1) A detailed Indian Housing Plan;
(2) Projects whose actual or projected cost exceeds $250,000 and obligations in excess of $250,000, unless a greater monetary amount is specified by the Council;
(3) The percentage as a proportion of income set for rental and home ownership;
(4) A contract or agreement for legal services;
(5) The creation or establishment of a subentity, nonprofit or for-profit entity, or affiliate;
(6) A memorandum of understanding, a memorandum of agreement, or other similar agreement with any tribal, federal, state or local government or governmental entity;
(7) A sale or transfer of land or interest in land to non-Tribal members or a non-Tribal entity; and
(8) A significant monetary cost or obligation or policy determination that is specified by the Council as a major undertaking by resolution.
(d) Approval of Planned Projects. At the same time as or prior to the time the Authority presents its annual Indian Housing Plan for approval, the Authority shall present specific projects planned for that fiscal year for Council review and approval.
(e) Utilization of Tribal Employees. The Authority may utilize Tribal employees through Memorandums of Agreement without solicitation in the operation and contracting for housing needs and services whenever possible and as guided by the Council.
(f) Audit of Fiscal Records. The Tribal Fiscal Department, or alternative entity designated by Council, shall monitor and review or audit Authority fiscal records on a schedule to be reasonably determined and agreed upon by the Council and the Authority. [Ord. 37A § 4410, adopted, 6/6/2014.]