2-5-1 GENERAL PROVISIONS

(a) Name. This Ordinance shall be known as the "Colville Debt Set-Off Chapter."

(b) Findings.

The Colville Business Council finds that because of the expanded economic development of the Colville Indian Reservation, the number of Tribal programs and enterprises providing services and products to members of the Tribes has increased greatly. As a result, the indebtedness of the Colville tribal members and employees to these programs and enterprises has also increased.

The increase has resulted in a large number of accounts receivable owed to the Tribes by members and employees. The effect of this large amount of accounts receivable is to restrict the availability of program services and products to other Tribal members and employees. The Business Council finds that it is its duty to find ways to expedite the repayment of debts to the Colville Confederated Tribes so that these programs and enterprises can best provide services and products for more Colville tribal members and employees.

2-5-2 DIVIDEND PAYMENT

(a) Debtor List. Within 10 days after the official date of entitlement cutoff for a dividend payment, the director or executive of every Tribal program or enterprise, including by way of example and not limitation, the Tribal Court, Credit program, Trading Post, Pole Plant, Housing program, and Sewer program, shall forward to the Tribal Enrollment officer a list of Tribal members currently indebted to such program or enterprise, including the amount of such indebtedness.

(b) Notice. Within 10 days after receiving debtor lists from Tribal programs and enterprises, the Tribal Enrollment officer shall cause a notice to be sent out to each Tribal member on the debtor lists, which notice shall be substantially in the following form:

"Tribal records show that you owe the (name of tribal program) the sum of $_____ as of (date) . Unless it is paid in full, immediately, it will be withheld from your share of the next Tribal dividend payment. The amount withheld will then be credited towards your debt. If you believe the amount of the debt shown to be incorrect or if you have any other reason to question the debt, you must file an action in Tribal Court to contest this matter within 7 days after the date of this notice. If you do not bring such an action, the amount of debt will be withheld from your dividend payment."

(c) Tribal Court Action. If an action is commenced in the Tribal Court within the time period set out above, a hearing shall be held within 5 days after the filing of the action to determine the validity of the debtor's claim. The decision of the Tribal Court shall be final.

(d) Debt Credit. The Tribal Enrollment officer shall be responsible for informing the officer who issues dividend payment checks of the names of debtors and the amounts of debt so that these amounts may be withheld from the next dividend payment. The Tribal Enrollment officer shall also have the duty of notifying the respective Tribal programs and enterprises of the amounts to be credited to each debtor after funds are withheld from the Tribal dividend payment.

2-5-3 WAGES AND SALARIES

(a) Debtor List. No less than 5 days before wage and salary checks are to be distributed by the Tribes, the director or executive of every Tribal program or enterprise including, by way of example and not limitation, the Tribal Court, Credit program, Trading Post, Pole Plant, Housing program and Sewer program, shall forward to the Tribal Central Accounting Department a list of Tribal employees currently indebted to such program or enterprise, including the amount of such indebtedness.

(b) Notice. The Tribal Central Accounting Department shall cause a notice to be sent along with the next salary or wage check to each person shown on the debtor lists, which notice shall be substantially in the following form:

"Tribal records show that you owe the (name of Tribal program) the sum of $______. Unless this amount is paid in full immediately, either the amount of the debt, or 25% of your gross salary or wages, or $50.00 whichever is less, will be deducted from your next paycheck. The amount withheld will then be credited towards your debt. If you believe the amount of the debt shown to be incorrect or if you have any other reason to question the debt, you must file an action in Tribal Court within 5 days of the date of this notice. If you do not bring such an action, the amount specified above will be withheld from your next paycheck."

(c) Tribal Court Action. If an action is commenced in the Tribal Court within the time period set out above, a hearing shall be held within 3 days after the filing of the action to determine the validity of the debtor's claim. The decision of the Tribal Court shall be final.

(d) Debt Credit. The Tribal Central Accounting Department shall withhold from the next paycheck of the debtor the proper amount as determined in accordance with the above notice. The Tribal Central Accounting Department shall have the duty of notifying the respective Tribal programs and enterprises of the amounts to be credited to each debtor after funds are withheld from wages and salaries.

2-5-4 SEVERABILITY

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances is not affected.

2-5-5 EFFECTIVE DATE

This Chapter shall be effective from the date of its adoption by the Colville Business Council.