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Ordinance
Number 80-1. Amended by Resolution dated April 21, 1980; Resolution
No. 81-13A, dated Nov. 18, 1980; Resolution No. 81-100 dated Sep.
3, 1981; Resolution No. 84-75, Feb. 18, 1984; Resolution No. 86-135,
March 15, 1986; Resolution No. 90-136, May 9, 1990; Resolution
No. 94261, Nov. 5, 1994; Resolution No. 95-025, Jan. 21, 1995;
Constitutional Election, July 14, 1995; Resolution No. 96-107,
April 20, 1996.
Original Date: February 19, 1980
Subject: Enrollment
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ENROLLMENT ORDINANCE
Siletz
Tribal Code §2.701
PART I - GENERAL PROVISIONS
§2.701
AUTHORITY AND PURPOSE
The purpose
of this ordinance is to provide for the development and maintenance
of the tribal membership roll of the Confederated Tribes of Siletz Indians
of Oregon. Authority for this action is vested in the Tribal Council
by Article I, Section 2, of the Constitution of the Confederated Tribes
of Siletz Indians of Oregon adopted June 2, 1979, and approved by the
Secretary of the Interior June 13, 1979. [Section 1 and 2 consolidated
by amendment, Resolution No. 86-135, March 15, 1986].
§2.702 MEMBERSHIP REQUIREMENTS
The membership
of the Confederated Tribes of Siletz Indians of Oregon shall be open
to all persons who are not enrolled as members of another federally
recognized Indian Tribe and:
(a)
Whose names validly appear on the official tribal roll dated May 16,
1978, provided that where proper evidence so indicates and subject
to the provisions of this ordinance, the blood quantum levels listed
thereon may be corrected by the Tribal Council as outlined in the
Constitution of the Confederated Tribes of Siletz Indians of Oregon.
Nothing in this Section shall be construed to limit the power of the
Tribal Council to make corrections as to blood quantum levels on any
official tribal roll after that date [As amended by Resolution, dated
April 21, 1980 (no resolution number); amended by Resolution No. 90-136,
dated May 19, 1990]; or
(b)
Who possess one sixteenth or more degree Siletz blood quantum, and
have filed an application for enrollment in accordance with the provisions
of this ordinance. [Amended by Constitutional Election, July 14, 1995].
"Siletz Blood" is defined as that derived from a direct ancestor who
was named on any roll or records (of Siletz) tribal members prepared
by the Department of the Interior prior to June 13, 1979; [Moved within
Ordinance by Resolution No. 96-107, dated April 20, 1996] and
(c)
Applicants for enrollment must be living from the time they make application
until the time they are accepted by Tribal Council as members on the
Tribal Roll. [Added by Resolution No. 96-107, dated April 20, 1996].
§2.703. ENROLLMENT STAFF
(a)
Employment. The Siletz Tribal Council shall authorize the hiring
of such staff as it deems necessary to fulfill the functions identified
in this ordinance. The enrollment staff shall be hired in accordance
with Tribal personnel policy and shall be subject to all tribal management
rules and regulations in the same manner as other tribal employees.
[Amended by Resolution dated April 21, 1980 (no resolution number),
amended by Resolution No. 86-135, dated March 15, 1986].
(b)
Duties and Powers. The enrollment staff shall review and evaluate
all applications for membership. It shall recommend to the Tribal
Council approval or rejection of each application. It shall have the
authority to require the applicant to furnish such evidence or proof
as is necessary to make appropriate recommendations to the Council.
The staff shall establish the nature and types of acceptable evidence
which shall include, but not be limited to, court documents, state
or federal records, hospital records, medical records, notarized statements
and Bible records. [Amended by Resolution No. 86-135, dated March
15, 1986; amended by Resolution No. 90-136, dated May 19, 1990].
(c)
Reports and Meetings. The enrollment staff shall make a monthly
report to the Tribal Council of its proceedings. [Amended by Resolution
No. 90-136, dated May 19, 1990].
(d)
Records. The staff shall maintain appropriate records to support
its recommendations and maintain the roll as accurately as possible.
The records shall be open at all times to inspection by the Tribal
Council. The records shall include originals or copies of documentation
received in support of applications, including addresses, dates of
birth, birth certificates, dates of death, death certificates, change
of names, etc. Revealing information in the enrollment records by
any person to someone other than members of the Tribal Council or
the enrollment staff shall be deemed grounds for expulsion or termination.
It shall be the policy of the Tribe that enrollment records shall
not be released to any person absent the consent of parents or other
family members who may be affected by such release, or if such release
will violate any intergovernmental agreement entered into between
the Siletz Tribe and any other government. [Amended by Resolution
No. 85-135, dated March 15, 1986; Resolution No. 94-261, dated November
5, 1994].
(e)
Confidential information in the possession of enrollment staff may
be disclosed to other tribal employees as necessary and appropriate
for legitimate tribal purposes, and on a "need to know" basis. Such
information shall be returned to enrollment staff as soon as it is
no longer needed by the employee who has received and is using the
information, and shall not be disclosed to third persons, including
other tribal employees, for any purpose. [Added by Resolution No.
95-025, dated January 21, 1995].
PART
II- APPLICATIONS FOR MEMBERSHIP
§2.704.
PROCEDURES FOR MEMBERSHIP APPLICATION
(a)
Application Form. The enrollment committee shall develop an
application form which shall be available in all tribal offices and
must be used when making application for enrollment. The application
form shall be entitled "Application for Enrollment" and shall contain
space for the following information:
(1)
Name and address of applicant;
(2)
All names by which the applicant is or has been known;
(3)
Date of birth of the applicant;
(4)
The names of the parents of the applicant and Siletz ancestor through
whom "Siletz blood" is traced;
(5)
If the applicant is a minor or incompetent, the name, address and
relationship of the person making the application on behalf of such
minor or incompetent;
(6)
Certification by the applicant that the information is true.
[Amended
by Resolution dated April 21, 1980 (no resolution No.); amended by Resolution
No. 86-135, dated March 15, 1986].
(b)
Who may apply. Any person who believes he or she meets the
requirements for membership in the Siletz Tribe as set forth herein
may submit an application for enrollment to the enrollment staff.
Applications for persons such as minor children and incompetents may
be filed by a parent, next of kin, recognized guardian, a representative
of the Siletz Tribal Indian Child Welfare program or other person
responsible for their care. At least one supporting document other
than the affidavit of the applicant shall accompany each application.
[Amended by Resolution No. 86-135, dated March 15, 1986; amended by
Resolution No. 90-136, dated May 19, 1990].
(c)
Processing of Applications. The enrollment staff shall process
each application and make its recommendation thereon to the Tribal
Council within 30 days of its receipt of the application and all supporting
documents as provided in this section. [Amended by Resolution No.
96-107, dated April 20, 1996]. In the event the staff needs further
information necessary to make its recommendation, it shall inform
the applicant in writing, with a request for the information needed.
The applicant shall have 30 days following receipt of the letter to
provide the information. After 30 days, the staff shall return the
application by certified mail. For good cause, the staff may extend
the time period for response. The applicant has the responsibility
of proving his or her application with written documentation. [Amended
by Resolution No. 81-100, Sep. 3, 1981; amended by Resolution No.
86-135, dated March 15, 1986; amended by Resolution No. 90-136, dated
May 19, 1990].
(1)
Supporting Documentation: The enrollment staff may consider
the following types of documentation in making its recommendation:
a. The current official Tribal roll and/or any roll or records
of Siletz tribal members prepared by the Department of the Interior
prior to June 13, 1979.
b. Copies of certified Birth Certificates from any jurisdiction.
c. Bible records, which could include information recorded on
the pages of a family Bible.
d. Certified results of scientific methods to establish maternity
and paternity.
e. Certified copies of court documents (any court of competent
jurisdiction).
f. Sworn statements/Affidavits of Tribal members to be used in
conjunction with other evidence.
(2)
The enrollment department is free to grant whatever weight it deems
appropriate to each item of evidence before making its recommendation.
(Added
by Resolution No. 96-107, dated April 20, 1996].
(d)
Staff Recommendation, Posting, Right to Protest and Tribal Council
Action.
(1)
After the enrollment staff has processed the application, it shall
prepare a written recommendation for the Tribal Council. The staff
shall mail one copy of its recommendation by certified mail to the
applicant. It shall post additional copies on the bulletin boards
in each of the Siletz Area Offices. The recommendation shall include
notice of when the application will be considered by the Tribal
Council and point out the rights of the applicant and of tribal
members to protest the recommendation of the enrollment staff. [Amended
by Resolution No. 81-100, Sep. 5, 1981; amended by Resolution No.
86-135, March 15, 1986].
(2)
If the staff recommendation is for approval of the application,
any member of the Confederated Tribes of Siletz Indians of Oregon
who believes that the enrollment staff is in error, within fifteen
(15) days of posting, may file a signed protest with the enrollment
staff, stating his or her reasons for believing that the applicant
is not entitled to enrollment. [Amended by Resolution No. 86-135,
March 15, 19861.
(3)
If the staff recommendation is for rejection of the application,
the applicant may, within fifteen (15) days from the posting of
the notice, file a protest with the enrollment staff, stating the
reasons he or she believes the application should be approved. [Amended
by Resolution No. 86-135, March 15, 1986].
(4)
If a protest is filed, the enrollment staff shall reconsider the
application in light of the information submitted with the protest
and shall post its final recommendation within thirty (30) days
of such receipt. [Amended by Resolution No. 86-135, March 15, 1986;
amended by Resolution No. 90-136, May 19, 1990].
(5)
Where no protest is filed, the Tribal Council shall act upon the
staff's recommendation at its regular monthly meeting following
the expiration of fifteen (15) days of posting the recommendation.
If a protest is filed, the Tribal Council shall act upon the staff's
recommendation at its regular monthly meeting following the expiration
of fifteen (15) days from the date of posting the final recommendation
described in subsection (4) above. [Amended by Resolution No. 85-135,
March 15, 1986].
(6)
When the Tribal Council approves an application for enrollment,
the applicant shall be notified by mail and the enrollment staff
shall enter the name of the applicant on the official tribal membership
roll. If the Tribal Council decides to reject an application for
enrollment, the applicant shall be so notified by mail and advised
of his or her right to appeal or to request reconsideration of the
decision in accordance with §2.714. Such Tribal Council decisions
shall be enacted in the form of resolution. [Amended by Resolution
No. 86-135, March 15, 1986].
(e)
Burden of Proof. The applicant has the responsibility of proving
his or her eligibility for enrollment.
§2.705 EMERGENCY ELIGIBILITY DETERMINATIONS. [Added
by Resolution No. 81-13A, Nov. 18, 1980, as Subsection (f) of §2.704;
amended by Resolution No. 86-135, March 15, 1986].
(a) In
any case where the Tribal Council determines that it is in the best
interests of the Tribe to intervene in pending state court proceedings
involving custody of a child who is not enrolled in the Tribe - but
may be eligible for enrollment - the emergency procedures set forth
in subsection (b) shall be followed. [Amended by Resolution No. 86-135,
March 15, 1986; amended by Resolution No. 90-136, dated May 19, 1990].
(b)
The staff shall determine whether the child is eligible for enrollment
as soon as possible. If the child is otherwise eligible for enrollment,
as outlined in Section 2.702, but the parent or parents have not enrolled
the child, the staff or Indian Child Welfare Family Advocate shall
file an application on behalf of said child and, if the application
otherwise meets the criteria established by this ordinance, all time
limitations and posting requirements of this ordinance are waived.
[Amended by Resolution No. 86-135, March 15, 1986; amended by Resolution
No. 90-136, dated May 19, 1990].
(c)
Nothing herein shall be construed to waive the provisions of Section
2.710 of this ordinance or the right of the Council to modify blood
quantum under Section 2.702(b): [Amended by Resolution No. 86-135,
March 15, 1986].
PART
III - ELIGIBILITY STANDARDS
§2.706.
ADOPTION
(a)
Person adopted by members of the Siletz Tribe or by the Tribe are
not eligible for enrollment unless they independently meet the requirements
of this ordinance. An honorary membership roster for such persons
may be established by resolution by the Tribal Council. Honorary membership
does not afford any benefits or eligibility for services. [Amended
by Resolution No. 86-135, March 15, 1986; amended by Resolution No.
90-136, dated May 19, 1990].
(b)
A person who has been previously adopted, and who believes they may
be of Siletz descendancy, may apply to the enrollment staff to be
enrolled in the Confederated Tribes of Siletz Indians of Oregon. The
enrollment staff shall determine whether the person qualifies for
membership, and shall certify the person to the Tribal Council for
approval if appropriate. Records obtained or used in support of such
determination shall not be released to the applicant except as provided
for in Section 2.703 (d) of this ordinance.
§2.707. PATERNITY AND MATERNITY
The Tribal Council may inquire into the paternity or maternity of an
applicant where a reasonable basis exists to question the parentage
of the applicant. Paternity or maternity of a person shall be acknowledged
by the Tribal Council where the evidence presented to the Council is
clear and convincing. Such evidence may include a notarized statement
by a putative father but such a statement shall not be controlling where
there is convincing evidence to the contrary. [Amended by Resolution
No. 86-135, March 15, 19861.
§2.708 ENROLLMENT IN ANOTHER TRIBE.
(a)
Individuals who are enrolled in or members of another federally recognized
Indian tribe, band, Pueblo or Alaska Native Corporation pursuant to
43 U.S.C. §1601 et seq., shall not be eligible for enrollment
in the Siletz Tribe. [Added by Resolution No. 86-135, March 15, 1986;
amended by Resolution No. 90-136, dated May 19, 1990].
(b)
For purposes of this Part and Part IV, enrollment or membership in
another tribe or Alaska Native Corporation does not include participation
in a judgment fund or other entitlement where eligibility is based
solely on decendency and enrollment is only for purposes of participation
in the distribution of the fund or entitlement. [Added by Resolution
No. 86-135, March 15, 1986; amended by Resolution No. 90-136, dated
May 19, 1990].
(c)
Individuals who are already enrolled in the Siletz Tribe and are later
found to be enrolled in another federally recognized Indian tribe,
with exception to circumstances outlined in subsection (b) of this
Section, will be given thirty (30) days to relinquish membership from
either tribe. If, after thirty (30) days, the relinquishment process
has not been initiated, the staff shall begin Loss of Membership proceedings
outlined in Section 2.710 of this Ordinance. [Added by Resolution
No. 90-136, dated May 19, 1990].
PART
IV - LOSS OF MEMBERSHIP
§2.709
RELINQUISHMENT OF MEMBERSHIP
(a)
Any adult member of the Siletz Tribe over the age of eighteen may
relinquishment membership in the Tribe by written notice to the Tribal
Council. Upon receipt of notice and verification by the Tribal enrollment
staff, the Tribal Council, by resolution, may direct the removal of
that person's name from the roll. [Amended by Resolution No. 86-135,
dated March 15, 1986; amended and added as subsection by Resolution
No. 90-136, dated May 19, 1990].
(b)
Membership of an individual under the age of eighteen who is enrolled
as a member of the Siletz Tribe may be relinquished only for purposes
of enrolling in another Indian Tribe. If the parents) or legal custodian(s)
of a Siletz minor desire to enroll such child in another Indian Tribe,
they shall submit a request for relinquishment in writing to the Tribe.
The request shall be reviewed by the tribal enrollment staff and Indian
Child Welfare staff, who shall submit a written recommendation on
the proposed relinquishment to the Tribal Council. The Tribal Council
shall decide whether to accept or reject the relinquishment request.
If the request is accepted by the Tribal Council, the child's membership
with the Siletz Tribe shall be relinquished upon receipt or certification
from the other Tribe that such child is now officially enrolled as
a member of that Tribe. [Added by Resolution No. 90-136, dated May
19, 1990].
§2.710 LOSS OF MEMBERSHIP
(a)
Grounds. The enrollment staff shall recommend to the Tribal
Council removal from the tribal roll of any person who becomes ineligible
for membership because of enrollment in another federally recognized
Tribe or whose application, after approval is found to contain certain
false information that is material to the eligibility for enrollment
of that person, or who is already enrolled in another federally recognized
Indian tribe as outlined in Section 2.708 of this Ordinance. [Amended
by Resolution No. 86-135, dated March 15, 1986; amended by Resolution
No. 90-136, dated May 19, 1990].
(b)
Procedure. Prior to removal, a person shall be given notice
in writing by the enrollment staff of the right to a hearing and to
hear the evidence against him or her, confront the witnesses, be represented
by counsel at his or her own expense, and, to present evidence to
the Tribal Council within thirty (30) days after the enrollee's receipt
of notice of his proposed disenrollment. [Amended by Resolution No.
86-135, dated March 15, 1986; amended by Resolution No. 90-136, dated
May 19, 1990].
(c)
Tribal Council. The Tribal Council shall, by resolution, order
removal from the roll of any person it finds to be ineligible for
membership because of enrollment in another federally-recognized Tribe
or for filing a false application. The removal shall be retroactive
to the date of adoption of this ordinance or of enrollment in another
Tribe or upon entry on the roll of the name of any person based upon
false application, whichever is later. [Amended by Resolution No.
86-135, dated March 15, 1986; amended by Resolution No. 90-136, dated
May 19, 1990].
§2.711 DECEASED MEMBERS
The death
of a person on the tribal membership roll shall be noted with supporting
written evidence, and that name shall be removed from the roll by the
enrollment staff upon a resolution of the Tribal Council directing such
action.
§2.712. BLOOD DEGREE CORRECTIONS
Corrections
of blood degrees on the Tribal roll shall be initiated by the enrollment
staff which shall make recommendations from time to time to the Tribal
council with supporting reasons and evidence. The Tribal Council shall
direct the enrollment staff to make such corrections as to blood quantum
on the tribal roll as it deems necessary and proper. The corrected roll
shall be the basis for evaluating all future applicants. Persons who
are subject to adjustment of their blood quantum as set forth in this
section shall have the right to a hearing as set forth in Section 2.710(b)
of this ordinance. Any change in blood degree shall be made by the Tribal
Council following such hearing by resolution directing the enrollment
staff to make such changes, subject to the appeals procedure set forth
in Section 2.713. [Amended by Resolution No. 84-75, Feb. 18, 1984; amended
by Resolution No. 86-135, March 15, 1986; amended by Resolution No.
90-136, dated May 19, 1990].
§2.713 PUBLICATION
All additions,
deletions and corrections of the Tribal roll shall be published on an
annual basis by the enrollment staff. An alphabetized list shall be
kept in the tribal office at Siletz, with copies in each area office
and shall be available for inspection upon the reasonable request of
any tribal member. [Amended by Resolution No. 86-135, dated March 15,
1986; amended by Resolution No. 86-135, dated March 15, 1986].
PART
V - APPEALS
§2.714. APPEAL PROCEDURE [Moved within Ordinance
by Resolution No. 86-135, March 15, 1986].
(a)
Definition. An appeal is a written request to the Tribal Court
for judicial review of a rejection of any individual's application
for enrollment under Section 2.704 or a removal of any person from
the Tribal Roll under Section 2.710 or a modification of a member's
blood quantum by the Tribal Council under Section 2.712 of this ordinance.
[Amended by Resolution No. 86-135, March 15, 1986].
(b)
Standing. Any person whose application for enrollment has been
rejected, any person whose blood quantum has been adjusted or any
person who has been removed from the roll may appeal. [Amended by
Resolution No. 86-135, March 15, 1986].
(c)
Filing. The appeal shall be filed pursuant to the Tribal Court
Rules of Procedure adopted by the Tribal Council. Failure to file
the appeal within the deadline set forth in Tribal Court Rules of
Procedure shall not bar an appellant from the remedy set forth in
subsection (d). All appeals shall be supported by the record of the
hearing before the Council. Decisions of the Court shall be final
except as provided for in subsection (d) of this Section. [Amended
by Resolution No. 86-135, March 15, 1986].
(d)
Reconsideration of Applications. At its discretion, the Tribal
Council may reopen old applications when new and substantial evidence
is submitted to support the applicant's position and when the Council
determines that justice requires such a reconsideration. Council determines
otherwise, membership granted such a reconsideration shall be prospective
and not retroactive. [Amended by Resolution No. 86-135, March 15,
1986; original subsection (d) deleted by same Resolution].
Certification
The foregoing
ordinance was amended by the Siletz Tribal Council at a Regular Council
meeting held on April 20, 1996 at which a quorum was present, and the
ordinance was amended by a vote of 9 FOR, 0 AGAINST, and
0 ABSTAINING.
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SILETZ
TRIBAL COUNCIL
By
Delores Pigsley
Tribal Chairman
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ATTEST:
Mary "Dolly" Fisher
Tribal Council Secretary
| Adopted
2/19/80 |
Amended
4/21/80, 11/18/80,9/3/81, 2/18/84, 3/15/86, 5/19/90, 11/5/94,
1/21/95, 7/14/95, and 4/20/96
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