Law and Order Code of the Fort McDowell Yavapai Community, Arizona

CHAPTER 17 - FORT MCDOWELL YAVAPAI NATION ENROLLMENT ORDINANCE

 

Art. I. Title, Purpose, Definitions and Notice

Art. II. Membership Criteria

Art. III. Application for Enrollment or Adoption

Art. IV. Processing Enrollment Applications

Art. V. Tribal Court Jurisdiction of Maternity and Paternity Questions

Art. VI. Miscellaneous

Sec. 17-1. SHORT TITLE.

This ordinance shall be cited as the Fort McDowell Yavapai Nation Enrollment Ordinance.


Sec. 17-2. PURPOSE.

This ordinance is enacted to define and regulate membership in the Fort McDowell Yavapai Nation in accordance with tribal requirements, and to establish an orderly enrollment procedure which affords due process of tribal law to all persons applying for enrollment as a member of the Fort McDowell Yavapai Nation.


Sec. 17-3. DEFINITION OF TERMS.

For the purpose of this ordinance, the words underlined below shall have the following definitions:

1. Applicant means the person seeking to be enrolled.
   
   
2. Burden of Proof means (1) the job of persuading someone that something is true, or not true; and (2) the job of producing evidence.
   
   
3. Enrollment Committee means a committee established by the Fort McDowell Tribal Council with the authority to recommend to the Council whether an application for enrollment should be approved or rejected.
   
   
4. Enrollment Department means those person or persons employed by the Fort McDowell Yavapai Nation who are responsible for the maintenance of an Enrollment Office.
   
   
5. Membership Roll means the one current Membership Roll of the Fort McDowell Yavapai Nation.
   
   
6. Sponsor or Person Filing the Application means the applicant's parents, custodial parent or court appointed legal guardian, to file an application for enrollment on behalf of another person as the applicant.
   
   
7. Tribal Council means the Tribal Council of the Fort McDowell Yavapai Nation.
   
   
8. Nation means the Fort McDowell Yavapai Nation.

Sec. 17-4. Enrollment Committee.

1. The Enrollment Committee shall be comprised of five (5) Members appointed by the Tribal Council. The term of office for each Committee Member shall be four (4) years. Initially, three (3) members shall serve four (4) years terms and two (2) members shall serve two (2) years terms, then four (4) year terms unless removed earlier pursuant to the terms of this Act. In addition, there shall be two (2) tribal committee member historians who shall be non-voting advisors to the committee.
   
   
2. Each Committee Member shall be an enrolled member of the Tribe who has sufficient knowledge of the history of the Tribe and its members to properly evaluate Enrollment Applications. In addition, the person shall be at least 30 years old, and has for the past 10 years continuously resided on the Fort McDowell reservation.
   
   
3. The Enrollment Committee shall have the power to establish its own rules and procedures, subject to Tribal Council approval, and to select its own officers from among its members which shall include a Chairperson of the Enrollment Committee.
   
   
4. The Enrollment Committee shall monitor the activities of the Enrollment Department and shall participate in the review and processing of Enrollment Applications in a manner provided by this Act.
   
   
5. Each Committee Member shall be paid reasonable compensation including appropriate expenses as determined by the Tribal Council.
   
   
6. The Tribal Council may revoke the appointment of a Committee Member and remove such Committee Member prior to the expiration of his/her term for cause; however, the Tribal Council shall provide the Committee Member who is subject to removal with notice of the charges and an opportunity to respond to such charges in a Tribal Council hearing prior to the revocation of his/her appointment.
   
   
7. The Enrollment Committee shall meet monthly on the 2nd Wednesday of every month.
   
   
8. The Enrollment Committee shall call a quorum to transact business. A quorum means a majority of the Committee. When a vacancy occurs in the committee, the remaining members may exercise all the powers of the committee until the vacancy is filled. The Tribal Council shall fill the vacancy within thirty (30) days.
   
   
9. Conflict of Interest.
   If a majority of the remaining members of the Enrollment Committee agree that an Enrollment Committee member can render a fair and impartial decision pertaining to an enrollment application and/or hearing, the member may participate in such application review or hearing involving an applicant who is an immediate family member. For the purposes of this section, immediate family member shall mean father, mother, husband, wife, son, daughter, sister or brother.

Sec. 17-5. NOTICE.

1. Any notice to any person which is required to be or may be given under the provisions of this Article shall be given in writing by certified mail, return receipt requested. Service of such notice shall be deemed effected five (5) days after deposit in the United States mail. All Applicants, Sponsors and other persons filing the Application must provide an address to the Committee for receiving notices required under this Ordinance. If the address provided changes, it is the duty of the Applicant, Sponsor, or other person to provide written notice to the Committee of the change of address.
   
   
2. Nothing contained in the Section shall in any way operate to change or be deemed to affect the time limitations hereafter set forth in this Article.

Sec. 17-6. MEMBERSHIP CRITERIA.

The membership of the Fort McDowell Yavapai Nation shall consist of those persons specified in Article III of the Constitution of the Fort McDowell Yavapai Nation who meet any one of the following:

1. All persons whose names appear on the Fort McDowell Indian Reservation roll of 1934 shall be members of the Nation.
   
   
2. All descendants of members of the 1934 roll shall be entitled to membership in the Nation if they are as least one-quarter (1/4) degree Fort McDowell Yavapai blood and their name does not appear on another Indian tribal roll.
   
   
3. Every person, duly enrolled pursuant to the 1936 Fort McDowell Mohave-Apache Community Constitution and By-laws as of the date of the adoption of the 1999 Constitution is entitled to membership and is hereby an enrolled member of the Fort McDowell Yavapai Nation.

Sec. 17-7. WRITTEN APPLICATION TO BE FILED WITH THE ENROLLMENT COMMITTEE; ENROLLMENT COMMITTEE REVIEW.

A separate official application for enrollment shall be filed with the Enrollment Committee Coordinator by or on behalf of each person applying for enrollment as a member of the Nation. The application shall include, but is not limited to, the applicant's parents' certificate of Indian blood. The Enrollment Committee shall notify the applicant in writing of the Enrollment Committee's receipt of his or her application within forty-five (45) days of receipt of the application.


Sec. 17-8. APPLICANTS TO BE NUMBERED AND DATED.

The Enrollment Committee Coordinator shall assign an identifying number and shall record the date of each enrollment application received.




Sec. 17-9. ENROLLMENT COMMITTEE SHALL REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FORT MCDOWELL TRIBAL COUNCIL.

The enrollment committee shall review all enrollment applications and shall consider the information provided in such applications, together with all other available evidence concerning that applicant's eligibility for membership and make its written recommendations to the Tribal Council as to whether the application should be approved or rejected. The Enrollment Committee shall review the application for sufficiency and accuracy to make a preliminary determination as to whether the applicant meets the criteria for membership as contained in Article III of the Fort McDowell Yavapai Nation Constitution. The preliminary determination shall be made within One hundred and eighty (180) days of receipt of the application. Where the Committee considers additional information is needed, it may request such information from the person filing the application and may request such person to appear before the Committee for a personal informal interview. If additional information is requested, the time required for the Enrollment Committee's preliminary determination shall be extended a reasonable time. The content and form for such written recommendation shall be approved by the Tribal Council.


Sec. 17-10. NOTICE OF HEARING TO BE GIVEN WHEN APPLICATION IS BEING RECOMMENDED OR CONSIDERED FOR REJECTION.

1. Written Notice Required. Whenever the Enrollment Committee recommends rejection or the Tribal Council considers that an application for enrollment should be rejected, written notice that a hearing will be held concerning such application shall be given the person filing the application, in the manner hereinafter provided, before a final determination of the applicant's eligibility for enrollment is made by the Tribal Council.
   
   
2. Contents of Notice. The written notice required to be given under this section shall (1) indicate the tribal membership requirement or requirements which the applicant failed to establish or other reasons why the application should be rejected, and (2) indicate that if the person filing the application desires a hearing, he must respond within ten (10) days of receipt of the notice by giving notice to the Enrollment Committee that a hearing is wanted and provide the Enrollment Committee a list of the witness(es) that will present relevant evidence on behalf of the applicant, and (3) inform the applicant that the decision of the Tribal Council is final. If the person filing the application fails to respond to the Notice within 45 days, the Tribal Council shall make its ruling on the record as provided by the Enrollment Committee.
   
   
3. Manner of Giving Written Notice. Notice of an enrollment determination hearing shall be given at least twenty (20) days prior to the hearing after which the Enrollment Committee will make its final recommendation of the applicant's eligibility for enrollment. The Enrollment Committee, in its sole discretion, may grant a continuation to the applicant for good cause.

Sec. 17-11. THE TRIBAL COUNCIL SHALL HEAR AND DETERMINE APPLICANT'S ELIGIBILITY FOR ENROLLMENT.

1. Determination of Applicant's Eligibility. The final determination as to whether an application for enrollment is approved or rejected by the Tribal Council and based upon the Enrollment Ordinance's requirements shall be put in writing by the Enrollment Committee. Each final determination shall be signed by the President of the Tribal Council within 30 days after the Tribal Council's final decision. Such determination shall also set forth findings of fact indicating whether the Enrollment Committee recommended that the application be approved or rejected, the date of the applicant's birth, and the membership requirement or requirements which the Enrollment Committee found to be inadequate and/or incomplete. The decision of the Tribal Council shall be final and conclusive.

Sec. 17-12. MATERNITY AND PATERNITY QUESTIONS.

Pursuant to Article VII, Section 2 (B) of the Constitution of the Nation, the maternity or paternity of an applicant for enrollment shall be decided exclusively by the Tribal Court and the decision of the Tribal Court shall be final for membership purposes. The Tribal Court shall possess no jurisdiction in relation to the determination of Enrollment other than the authority to determine maternity or paternity.


Sec. 17-13. WHEN QUESTIONS OF PATERNITY OR MATERNITY EXIST.

If the Enrollment Committee or the Tribal Council determines that a question exists regarding the paternity or maternity of an applicant, the question of maternity or paternity shall be resolved by the Tribal Court after the applicant has requested a maternity or paternity determination. Upon notice by the Enrollment Committee or the Tribal Council to the applicant that a question of maternity or paternity exists, the time-lines as stated in this ordinance shall be stayed pending a final decision of the Tribal Court. A final decision occurs when either the time for any Tribal Court appeals have expired or all Tribal Court appeals have been exhausted.



Sec. 17-14. TRIBAL MEMBERSHIP ROLL.

The Tribal membership roll shall contain the names of all enrolled members of the Fort McDowell Yavapai Nation arranged in alphabetical order. For each such member, the roll shall also indicate the person's enrollment number, sex, date of birth, degree of Fort McDowell Yavapai blood, the parent's blood, address and a column for remarks, e.g., date of enrollment. The remarks column should also indicate the names and tribal census roll number of the person's parents. Any notations made upon such roll shall indicate by whom such notations were made, and the authority for making such notations.


Sec. 17-15. TRIBAL MEMBERSHIP ROLL TO BE KEPT CURRENT.

The Tribal Council shall cause the Fort McDowell Yavapai Nation membership roll to be kept current and shall quarterly review the membership roll for such purpose. The names of all persons who are deceased and all persons who have relinquished their membership in the tribe in writing shall be noted in the membership roll and the names of all persons whose applications for enrollment have been approved by the Tribal Council shall be promptly added to the membership roll.


Sec. 17-16. CONFIDENTIALITY.

1. The Tribal Council, Enrollment Committee and the Enrollment Department shall maintain the highest degree of confidentiality and integrity for all enrollment information as is consistent with the full performance of all duties and responsibilities prescribed by this Article.
   
   
2. All meetings of the Enrollment Committee shall be closed to the public.
   
   
3. All enrollment files shall be restricted and access shall be given by the Enrollment Department, the Chairman of the Enrollment Committee or his/her authorized representative, and the Tribal Council or its authorized representative(s) only.
   
   
4. An alphabetical listing with enrollment numbers may be made available for access by other tribal departments upon written permission granted by the Enrollment Department. All requests shall be submitted in writing to the Enrollment Department, shall clearly set forth the uses to which the list will be put and shall justify the need for access. Any non-Fort McDowell Yavapai Nation requests, including Fort McDowell Tribal members' requests, for any enrollment information shall be submitted in writing to the Enrollment Committee. The Enrollment Committee shall make a written recommendation to the Tribal Council concerning each request. The Tribal Council may, in its sole discretion, elect to release the requested information.

Sec. 17-17. SOVEREIGN IMMUNITY.

1. The Fort McDowell Yavapai Nation possesses sovereign immunity. The Nation's sovereign immunity extends to the Nation, the Nation's officers, enterprises, departments and employees except as prohibited by the Nation's Constitution. Nothing in this Act shall be construed to effect a waiver of the Nation's sovereign immunity.

Sec. 17-18. REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS.

Any existing ordinance or resolution that is in conflict this Enrollment Act shall be repealed to the extent of such conflict.


Sec. 17-19. EFFECTIVE DATE OF ORDINANCE.

The ordinance shall become effective upon its approval by the Tribal Council.


Sec. 17-20. EXCLUSIVE JURISDICTION OF THE TRIBAL COUNCIL

Except as provided in Article V of this Ordinance and Article VII, Section 2(b) of the Constitution, the Tribal Council shall have exclusive jurisdiction over membership determinations and no other body or entity, including but not limited to the tribal court, federal court, federal agencies or federal administrative appeal bodies or state courts, shall have jurisdiction to hear enrollment matters of the Nation.


Sec. 17-21. SEVERABILITY CLAUSE.

If any provision of this Act shall in the future be declared invalid by a court of competent jurisdiction, the invalid provision or provisions shall be severed and the remaining provisions shall continue in full force and effect.

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Ft. McDowell Mohave-Apache Indian Community
P.O. Box 17779 Fountain Hills, Arizona 85269-7779
Phone (602) 837-5121 Fax (602) 837-1630

Resolution No. Ft. McD 2000-46

WHEREAS, The Fort McDowell Yavapai Nation ("Tribe") is a sovereign Indian Tribe committed to fostering its own self-determination; and

WHEREAS, many people apply for membership in the Fort McDowell Yavapai Nation; and

WHEREAS, the Tribe has an Enrollment Committee to review and process tribal membership applications; and

WHEREAS, the Tribe amended its Constitution to change the requirement for tribal membership in order to promote the Tribe's Yavapai culture; and

WHEREAS, the tribal Enrollment Committee met numerous times to draft an Enrollment Ordinance based on the amended tribal Constitution.

NOW THEREFORE BE IT RESOLVED, pursuant to Article III, Section 4 of the Fort McDowell Yavapai Nation Constitution, the Tribal Council hereby adopts an Enrollment Ordinance to be Section 17 to the Tribe's Law & Order Code.


Pursuant to the authority contained in Article III, Section 4 and Article V, Section A.(1) and (3) of the Constitution of the Fort -McDowell Yavapai Nation ratified by the Tribe on October 19, 1999 and approved by the Secretary of Interior on November 12, 1999, the foregoing Resolution was adopted this 10th day of May 2000 at a Special Council Meeting held at Fort McDowell at which a quorum of 5 members were present, 0 absent, by a vote of 4 for and 0 opposed and 0 abstained.

Dr. Clinton M. Pattea
President, Tribal Council

Mona Nunez
Secretary

05-10-00
Date

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