RESOLUTION
No. 2000 - 10
Re: Resolution to enact the Coushatta Tribe of Louisiana Membership
and Enrollment Ordinance
WHEREAS,
the Coushatta Tribe of Louisiana (the "Tribe") is a sovereign
Indian Nation, recognized as such by the United States of America; and
WHEREAS,
the Tribe exercises all the power and authority of a sovereign nation
that has not been specifically limited by Congress; and
WHEREAS,
the Tribe is empowered by its sovereign status to exercise its Legislative,
Executive and Judicial powers; and
WHEREAS,
the Tribe is desirous of establishing a tribal membership and enrollment
ordinance, setting forth the criteria, policy and procedures for enrollment
in the Coushatta Tribe of Louisiana,
BE IT THEREFORE
RESOLVED that, the Tribal Council of the Coushatta Tribe of Louisiana
hereby adopts the attached Membership and Enrollment Ordinance
CERTIFICATION
This resolution
was duly acted upon by the following council members at a meeting held
on the 11th day of April, 2000, with a quorum
present.
/s/
LOVELIN PONCHO - Chairman |
/s/
HORACE WILLIAMS - Vice Chairman
|
/s/
BERTNEY LANGLEY, Secretary/Treasurer |
/s/
LEONARD BATTISE |
/s/
WILLIAM WORFEL |
|
COUSHATTA
TRIBE OF LOUISIANA MEMBERSHIP AND ENROLLMENT ORDINANCE
I. Authority - This membership ordinance of the Coushatta
Tribe of Louisiana is enacted by the duly elected Tribal Council pursuant
to its authority to establish the procedures necessary for the effective
governing of the Tribe. Such authority of the Tribal Council, firmly
rooted in tribal tradition, has been consistently recognized by all
governmental and commercial entities as the proper method whereby this
Tribe exercises its inherent sovereign powers.
II. Purpose - The purposes of this membership ordinance are
to establish eligibility criteria for membership in the Coushatta Tribe
of Louisiana and to establish guidelines, rules and orderly procedures
to maintain a current membership roll of all persons eligible for membership.
III. Definitions - The following terms and phrases, when
used in this ordinance, shall have the meaning ascribed to them.
A. "Adopted
child" - one whose natural parents' parental rights have been
terminated by a court and given to another.
B. "Adoption"
- the legal action whereby parental rights of natural parents are
terminated by court order and assigned to another.
C. "Adult"
- A person 18 years of age or over.
D. "Applicant"
- a person who has submitted an application for membership in the
tribe prior to final action on the application.
E. "Base
enrollees" - those individuals who are designated as tribal members
without further test of eligibility. For this tribe, the base enrollees
are those persons whose names appear on the current approved membership
roll of the Coushatta Tribe of Louisiana on the date this ordinance
is enacted.
F. "Coushatta
Indian blood" - Indian blood derived from a biological ancestor who
was recognized as a member of the Coushatta Tribe of Louisiana.
G. "Current
approved membership roll" - the listing of all persons designated
by the Enrollment Department of the Coushatta Tribe of Louisiana as
members of the tribe on the date of the enactment of this ordinance,
without further test of their eligibility, unless dually enrolled.
H. "Direct
descent" or "direct lineal descent" - biological descent
where lineage can be traced from parent to child in each generation.
I. "Disenrollment"
- an official act by the tribe to deprive a member of the right to
tribal membership.
J. "Documentation"
- the supply of legal evidence to support a statement of fact. No
enrollment action shall be taken without documentation to support
the decision.
K. "Family
tree chart" - the form used to show the line of descent of an
applicant from a base enrollee.
L. "Incompetents"
- persons who have been legally determined to be unable to take effective
actions on their own behalf.
M. "Member"
- an individual who has met the membership criteria of an Indian tribe
and is officially enrolled with that tribe.
N. "Minor"
- a person under the age of eighteen years.
O. "Notarized"
- a document attested before or authenticated by a public officer
(a notary) who witnesses the signature and certifies that it is authentic.
P. "Received
Any Benefits" - Obtained anything of value other than housing services,
health services or education services from or through another tribe
as a result of membership in that tribe. This term does not include
the receipt of property or money by inheritance from an individual
member of another tribe.
Q. "Relinquishment"
- personal, voluntary action taken by a tribal member or an individual
legally authorized to act on the member's behalf to terminate the
member's relationship with the tribe.
R. "Resolution"
- a formal statement of a decision by a tribal entity.
S. "Sponsor"
- a parent or legal guardian who has the legal authority to take enrollment
actions on behalf of another person because of age or incompetence.
T. "Tribe"
- The Coushatta Tribe of Louisiana.
U. "Tribal
Council" - The duly elected representatives of the Tribe authorized
to take governmental actions, including the making of enrollment decisions.
IV. Membership Eligibility Criteria
The membership
of the Coushatta Tribe of Louisiana shall consist of the following persons:
A. All
persons whose names appear on the attached current approved membership
roll of the Coushatta Tribe of Louisiana on the date of the enactment
of this ordinance without further test of their eligibility, unless
dually enrolled.
AND
B. All
persons whose names do not appear on the attached current approved
membership roll of the Coushatta Tribe of Louisiana but do appear
on the attached listing compiled from the 1985 Health Roll, or on
the attached listing compiled from the 1988 Application of the Coushatta
Tribe of Louisiana, provided they
1 .
Possess one quarter (1/4) or more degree Coushatta Indian blood,
AND
2.
Are not currently enrolled with any other Indian tribe, band, nation,
community or village
AND
3 .
Submit an application for membership with required documentation
establishing eligibility
AND
C. All
persons who are direct lineal descendants of persons identified in
subsections A. or B. above, provided they
1 .
Possess one quarter (1/4) or more degree Coushatta Indian blood
AND
2.
Are not currently enrolled with any other Indian Tribe, band, nation,
community or village.
a.
A person who was enrolled as a member with any other Indian Tribe,
band, nation, community or village may relinquish that membership
and become eligible for membership in the Coushatta Tribe of Louisiana
only if
1
. He/she became enrolled in the other tribe, band, nation, community
or village while a minor and only if
2.
He/she did not receive any benefits, as defined in this ordinance,
during membership and only if
3
. Application for membership with the Coushatta Tribe of Louisiana
is submitted not later than the nineteenth (19th)
birthday of the applicant.
AND
3.
Submit an application for membership with required documentation
establishing eligibility.
V. Filing an application for enrollment
A. Who
must file? All persons not listed on the CTL membership roll on
the date of the approval of this ordinance must file an enrollment
application. Applications for minors or incompetents must be filed
by parents or legal custodian. A separate application must be filed
by each individual seeking enrollment.
B. When
and where to file an application All enrollment applications must
be filed with the Enrollment Officer of the Tribe. Application forms
may be obtained by oral or written request from the Coushatta Tribe
of Louisiana, Post Office Box 818, Elton, LA 70532, 308-584-1465.
There is no deadline for filing enrollment applications for membership
purposes. However, the Tribal Council may from time to time establish
a deadline for filing of enrollment applications for specific purposes.
C. What
the application must contain - Each enrollment application must
be completed in its entirety and must contain sufficient personal
information to properly determine the applicant's eligibility for
enrollment The enrollment application shall show the following:
1 .
All names by which the applicant is or has been known.
2.
The mailing address of the applicant, including the mailing address
of the sponsor if different from that of the applicant.
3 .
The applicant's and/or sponsor's telephone number.
4.
Date and place of applicant's birth.
5 .
Applicant's social security number.
6.
The name of any tribe(s) other than the Coushatta Tribe of Louisiana
from which the applicant is descended.
7.
The name of the Coushatta Tribe of Louisiana ancestor through whom
the applicant is claiming eligibility for membership.
8.
The requirement of a "yes" or "no" answer to the
question: Is the applicant an enrolled member of another tribe,
band , nation community or village?
9.
The requirement of "yes" or "no" answers to the questions:
Is the applicant adopted? Were any of your Coushatta Tribe of Louisiana
ancestors adopted?
10.
Certification that the information given in the application is true
and accurate as known by the applicant or sponsor.
11
. A statement reminding the applicant or sponsor that it is a criminal
offense under tribal law to present false or untrue information
for enrollment purposes.
12.
Signature of applicant or sponsor (with relationship to applicant).
Applications for minors require the signatures of both parents,
proof of legal custody by the signing parent or a certification
that the non-signing parent is not a member of another tribe.
13
. Date the application was signed.
D. Documentation
to accompany all applications - Since the burden of proof is on
the applicant, the application must be accompanied by the following
documentation:
1.
Family tree chart
2.
Applicant's original state-issued birth certificate
3 .
If the applicant's natural mother was not a tribal member, or if
the tribal blood of the father is required to establish eligibility,
one of the following also must accompany the birth certificate:
(a)
a marriage license showing that the applicant's mother was married
to the tribal member father at the time of the birth.
OR
(b)
a notarized affidavit of paternity signed by both the applicant's
mother and father.
OR
(c)
a court order or determination of heirship declaring a specific
tribal member to be the natural father
OR
(d)
a DNA or genetic marker test (obtained at the applicant's sole
expense) determining the probability that a specific tribal member
is the natural father of the applicant to be not less than 97%.
4.
Documentation proving the direct descent of each Coushatta Tribe
of Louisiana ancestor from an enrollee of this tribe if neither
the applicant's father nor mother is an enrolled member of the tribe.
E. Additional
documentation to accompany application of applicant who is adopted.
In addition to those items identified in subsection D above, an applicant
who has been adopted must also submit documentation proving that a
natural parent is a member or a descendant of a member of the Coushatta
Tribe of Louisiana. Usually this documentation will consist of a copy
of the adoption decree together with either the original birth certificate
showing the natural parent(s) or a legal document identifying the
natural parent(s). However, a certification from the Secretary of
the Interior or his/her authorized representative pursuant to the
Indian Child Welfare Act of 1978 (P. L. 95-608) shall be conclusive
evidence of the relationship to the natural parent(s).
VI. Processing an application for enrollment
A. By
tribal enrollment officer The tribal council shall designate a
tribal employee to serve as the tribal enrollment officer. All applications
shall be received or routed to this coordinator who shall take the
following actions or assure that these actions are taken by other
members of the enrollment office staff:
1 .
Stamp the application form and all enclosures with the date on which
they were received and acknowledge receipt of them.
2.
Make a folder for the application and supporting documents.
3 .
Make sure the application is complete. A copy will be made of an
incomplete application and the original will be sent back to the
applicant to be completed. The date the incomplete application was
returned to the applicant will be noted. The copy will be retained
in the applicant's folder along with the supporting documents pending
the return of the completed original application.
4.
A completed application submitted without supporting documents will
be retained in the applicant's folder. A letter will be sent requesting
the needed documents.
5.
Compute the applicant's degree of Coushatta Indian blood.
6.
Check with any other tribes, bands, nations, communities or villages
from which the applicant is descended to verify whether or not the
applicant is a member of any of those groups. Although not necessary
to determine eligibility for membership in the CTL, a certification
of the applicant's degree of Indian blood of the other tribe(s)
may also be requested, as a service to the applicant, in order that
this information may be added to the tribal roll.
7.
Assist the applicant as much as possible in determining ways that
might help in establishing eligibility.
8.
Recommend for membership the applicants who have proven they fulfill
the membership requirements as shown in this ordinance.
9.
Prepare resolutions accepting eligible applicants and forward the
resolutions to the Tribal Council for action.
10.
Recommend for rejection the applicants who have not proven they
fulfill the membership requirements as shown in this ordinance.
11.
Prepare resolutions rejecting ineligible applicants and forward
the resolutions to the Tribal Council for action.
C. By
the Tribal Council
1 .
Adopt resolutions approving eligible applicants and rejecting ineligible
applicants.
2.
Direct the enrollment officer to notify the accepted applicants
of their acceptance into membership.
3.
Direct the enrollment officer to notify the rejected applicants
by certified mail of their rejection, giving them their right to
appeal the rejection to the tribal court as provided in section
VIII of this ordinance. Such rejected applicants shall also be advised
that a new application may be submitted when the needed documentation
of eligibility has been obtained.
VII. LOSS OF MEMBERSHIP
There are
two ways in which membership in the tribe may be lost. One is voluntary
and is called relinquishment. The other is involuntary and is called
disenrollment.
A. Relinquishment
1 .
By an adult member - Any adult member of the Coushatta Tribe
of Louisiana may voluntarily relinquish his/her membership. Such
relinquishment must be in writing and the member's signature must
be notarized. No formal action by any tribal body is required for
the relinquishment to become effective. The enrollment officer shall
note the date of the relinquishment (and the tribe which the member
has joined, if that is the case) on the tribal roIl, notify the
Tribal Council of the action, file the relinquishment form in the
former member's folder and move the folder into the drawer designated
for former members.
2.
By a minor member - The membership of any member of the Tribe
who is not at least 18 years of age may be relinquished by his/her
parent or guardian. The relinquishment must be in writing, and the
signature of the parent or guardian must be notarized. The enrollment
officer shall take great care to determine that the individual who
signed the form has legal custody of the affected minor member.
Then the minor's relinquishment shall be processed the same as one
for an adult.
3 .
Forms and effective dates Any member desiring to relinquish
shall be encouraged to do so on a conditional relinquishment form.
In such case, the relinquishment shall become effective upon the
acceptance of that individual into the membership of another tribe.
The member's name shall not be removed from the Coushatta Tribe
of Louisiana's current membership roll until documentation of the
acceptance into the other tribe's membership is received. Should
a member insist upon relinquishing in writing without using the
conditional relinquishment form, the tribe will comply with the
member's wishes and remove the member's name from the current tribal
roll with the effective date being the date the relinquishment was
received by the enrollment coordinator.
4.
Membership after relinquishment An adult member who relinquishes
his/her membership in the Coushatta Tribe of Louisiana has permanently
severed his/her ties with the tribe and shall not be permitted to
rejoin the tribe. A minor member whose membership has been relinquished
by a parent or guardian may submit an application for membership
after he/she becomes 18 years of age. Such application shall be
processed as though the individual had not previously been a member.
B . Disenrollment:
The burden of proof in disenrollment actions rests with the tribe.
1 .
Who may be disenrolled A tribal member shall be disenrolled
when it is discovered that he/she
a.
was erroneously enrolled in that he/she did not submit adequate
documentation proving he/she met the constitutional membership
criteria at the time of enrollment. This "erroneous enrollment"
may have resulted from fraudulent submissions, mistakes in blood
degree computations or inadequate research. NOTE: This provision
does not apply to base enrollees, except for dual enrollment,
i.e., those whose names appear on the official, approved membership
roll on the date of the adoption of this ordinance, since they
are, by definition, members without further test of eligibility.)
OR
b.
is found to be currently enrolled with another Indian tribe and
to have received benefits as an adult as' a member of the other
tribe.
OR
c.
is found to be currently enrolled with another Indian tribe who
has not received benefits as an adult as a member of the other
tribe and does not relinquish the membership in the other tribe
within thirty (30) days of receipt of a certified letter from
the Enrollment Officer informing him/her of the necessity to submit
the required relinquishment
2.
Procedure for disenrollment A member identified as subject
to disenrollment pursuant to the above sub-section shall be notified
by certified mail, return receipt requested, of the intent to disenroll.
Included in the notice shall be the date set for a hearing before
the Tribal Council to consider the matter. Following the hearing,
whether or not the affected member makes any appearance or response,
the Tribal Council shall determine if the member is to be disenrolled.
Such decision shall be documented in a Tribal Council resolution.
The disenrolled member shall be notified of the action taken by
certified mail, return receipt requested. Such notice shall include
the appeal rights outlined in section VIII of this ordinance.
3 .
Membership after disenrollment Persons who have been disenrolled
may submit new applications for membership when adequate documentation
of eligibility has been obtained. Such applications will be processed
as though the individual had not previously been a member.
VIII. Appeals
A. Eligible
appellants The following persons shall be eligible to file an
appeal:
1 .
Any applicant who has been rejected for membership or
2.
Any person who has been disenrolled
B. Timing
of appeal Each notice of rejection or disenrollment shall provide
that an appeal must be received within thirty (30) days of the receipt
of the notice in order to be considered. The date stamped on the receipt
of the certified letter shall be considered the beginning of that
30 day period.
C. Filing
of appeal The notice of appeal must be filed with the tribal court
of the Coushatta Tribe of Louisiana. The date the appeal is received
in the tribal court office shall be considered its date of receipt.
An appeal must be in writing. No appeal may be filed by any form of
electronic communication. Failure to file an appeal within thirty
(30) calendar days shall waive any right to an appeal.
D. Handling
of appeal Upon receipt of an appeal, the tribal court shall obtain
the appellant's file from the enrollment office for review. The tribal
court shall set a date not less than twenty (20) nor more than sixty
(60) days from the date of mailing of the notice for a hearing on
the appeal. The tribal court shall notify the appellant of the hearing
by certified mail. This notice shall outline clearly again the basis
for the rejection of the appellant's application or the basis for
the appellant's disenrollment and shall inform the appellant of his/her
right to be heard in person or by representation. This notice shall
also inform the appellant that new evidence may be presented for consideration.
Following the hearing whether or not the appellant makes any appearance
or response, the tribal court shall document its decision by a court
order and notify the appellant by certified mail of its decision.
The decision of the tribal court shall be final.
IX Records
A. Contents
of individual folders: An individual folder shall be established
for each tribal member and applicant. The folder shall contain the
following items:
1.
Application
2.
Family tree chart
3.
Birth Certificate
4.
Correspondence
5.
All other documentation on the person pertinent to membership
6.
Death Certificate
B. Access
to records
1.
The roll A listing of only the names of members may be viewed
by any individual member of the Coushatta Tribe of Louisiana who
comes into the tribal office. However, neither the roll nor any
portion thereof may be copied and/or distributed to any person or
organization except upon written permission of the Tribal Council.
The Tribal Council shall exercise its discretion in using and/or
releasing information from the roll for the benefit of tribal members
or tribal programs.
2.
The folders Information in individual folders shall be considered
confidential. It shall not be available to anyone except that individual
member (or his/her parent or guardian) and to the enrollment officer,
the Tribal Council and the tribal court when such examination is
necessary in considering enrollment decisions.
3.
Special concern An adopted person's eligibility for enrollment
is determined through one or both of the natural parents. Documentary
evidence submitted to support an adopted person's application must
show relationship to the natural parent through whom eligibility
for enrollment is determined. The information concerning adopted
persons shall be recorded as confidential and shall not be made
available to any other person. This information shall be stored
in locked file cabinets and adequate safeguards shall be installed
to ensure that the confidentiality of these records shall not be
violated.
C. Updating
records: Upon receipt of appropriate documentation, the enrollment
coordinator is authorized to update the information on the tribal
roll. The following documentation is deemed adequate for such actions
to be taken:
1 .
Name change - Marriage license
or
Divorce decree
or
Court order changing name
2.
Address change - Written statement signed by tribal member over
18 years of age
Notarized
statement or affidavit stating custody of minor with address
change
3.
Death - Death certificate
Bureau
of Indian Affairs records
Mortuary
records
Hospital
records
Obituary
notice from newspaper
Notarized
statement from an individual who attended the funeral or
who saw the grave marker and can provide date of death
Any change
for which none of the above documents is available must be authorized
in writing by the Tribal Council stating the reason for the change
without usual documentation. A copy of that written authorization
shall be placed in the individual's folder.
X. Computing Degree of Tribal Blood:
A.
Initial Computation - Degrees of Coushatta Indian blood as, shown
on the roll of the tribe at the time of the enactment of this membership
ordinance shall be considered accurate unless or until a different
degree of Coushatta Indian blood can be proven to the satisfaction
of the Tribal Council. "Coushatta Indian blood" means Indian blood
derived from a biological ancestor who was recognized as a member
of the Coushatta Tribe of Louisiana.
B.
Changing Blood Degrees - Once the degree of tribal blood has been
recorded for a member on the tribal roll, it shall be changed only
when the following procedure has been completed:
1.
Whenever a member requests a change in his/her blood degree the
enrollment officer shall research the request. The enrollment officer
is also authorized to initiate research into the accuracy of blood
degrees shown on the tribal roll as time permits.
2.
If a determination is made by the enrollment officer that a member's
blood degree has been erroneously computed, a resolution documenting
the basis for the recommended change shall be prepared for Tribal
Council action. If the Tribal Council agrees that the member's blood
degree should be changed, it shall adopt the resolution authorizing
the enrollment officer to make the change for the member and for
all other persons affected by the change. Such a determination by
the Tribal Council to change a degree of Coushatta blood shall be
made only when the new blood quantum is established beyond a reasonable
doubt either by submission of incontrovertible documentation or
by presentation of a overwhelming preponderance of evidence. (NOTE:
Although the degree of Coushatta blood shown on the tribal roll
for a base enrollee may be corrected pursuant to this provision,
such base enrollee shall remain a member of the tribe no matter
what the corrected blood degree is.)
3.
All persons affected by the change shall be notified of the change
by the enrollment officer. Any person whose blood quantum has been
changed has the right to appeal pursuant to section VIII of this
ordinance only if the change results in disenrollment.
XI. Amendments:
This ordinance
may be amended by the Tribal Council at any regularly called meeting
at which a quorum is present.
XII. Certificate of Enactment:
We, the
undersigned, as Chairman and Secretary of the Tribal Council of the
Coushatta Tribe of Louisiana, do hereby certify that a quorum was present
at a regularly called meeting of the Tribal Council on the 11th
day of April 2000, and that the foregoing ordinance was
enacted with the affirmative vote of 5 for, 0
opposed and 0 abstaining. Therefore, the ordinance is
duly enacted and the date of this meeting shall be the effective date
of the provisions of this ordinance.
/s/
Lovelin Poncho, Chairman |
/s/
Horace Williams, Vice Chairman
|
/s/
Bertney Langley, Secretary - Treasurer |
/s/
Leonard Battise, Member |
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