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CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE
TITLE
7 - ENROLLMENT, COMMITTEES, ELECTIONS AND REFERENDUMS
CHAPTER
7-1 ENROLLMENT
7-1-0
MEMBERSHIP
7-1-1
Membership
Requirements
(a)
The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
(Tribes) have the right to determine their own membership and interpret their
own documents. The Tribal Roll will be kept up-to-date at all times. All
applicants wishing to apply for membership in our Tribes will follow the same
rules and everyone will have his/her application judged in the same manner.
(b)
The membership of the Tribes shall consist of all persons who are living
and who apply, and:
(1) Whose names are listed on the Public Domain Census Roll of January 1, 1940, prepared by the Grand Ronde-Siletz Agency, Bureau of Indian Affairs; or
(2) Who are a lineal descendant of a public domain allottee of Western
Oregon who was a member of the Confederated Tribes of Coos, Lower Umpqua and
Siuslaw Indians; or
(3) Who are a lineal
descendant of a person as a Coos, Lower Umpqua or Siuslaw Indian on the Census
Roll of 1940, or any other roll prepared by the Department of Interior prior to
the effective date of the Constitution.
(4) Newborns of lineal
descendants of enrolled members shall be eligible for health, social services,
Indian Child Welfare and emergency services for a period of not greater than six
(6) months, during which time the enrolled parent shall submit an enrollment
application and the required documents for enrollment. During the six- (6) month
period, the newborn shall not be considered an enrolled member and is only
eligible for services until six (6) months after birth.
After that time, the child must be properly enrolled to receive tribal
benefits.
7-1-2
Dual Membership Prohibited
According to
the Constitution, Article III - Sections 2 and 3, the following provisions
apply:
(a)
No person who is a member of any other Indian tribe, whether federally
recognized or not, shall be eligible for membership in the Confederated Tribes
of Coos, Lower Umpqua and Siuslaw Indians until he/she has relinquished his/her
membership in such other Indian tribe. The Tribal Council, by majority vote, may
decide questions of membership in other Indian tribes after evidence has been
presented. Any person who is a member or becomes a member of another Indian
tribe shall be subject to loss of membership in the Tribes under the provisions
of Part 111, Section I I of this Code;
(b)
No person shall be eligible for membership in the Tribes who has
qualified or whose lineal ancestor through whom such person is claiming
eligibility for membership in the Tribes has qualified for any payment in
compensation for land claims through any other Indian tribe whether federally
recognized or not.
7-1-3
Enrollment Staff
(a) The
Tribal Council shall authorize the hiring of such staff as it deems necessary to
fulfill the functions to carry out the enrollment process, and he/she shall be
subject to all management regulations.
(b) The
Enrollment Coordinator shall review and compile all the information and present
this information with each application for membership to the Enrollment
Committee for evaluation and recommendation to the Tribal Council for action.
(c) The
Enrollment Coordinator shall have the authority to require the applicant to
furnish such evidence of proof as is necessary to make appropriate
recommendations to the Enrollment Committee. The Tribal Council shall establish
the nature and type of acceptable evidence which shall include, but not limited
to: notarized photo copies of court documents, state or federal records,
hospital medical records, full birth certificates and marriage licenses, Family
Tree forms, affidavits of friends, neighbors, and/or tribal Elder(s), family
Bible records and other genealogical information. The Enrollment Committee may
request any and all of the above documents on a "need to know",
"case by case" basis. In the enrollment process, the legal burden of
proof is on the person who is applying for membership.
(d)
The Enrollment Committee Chairman or his delegate shall report to the
Tribal Council any action required regarding Enrollment Committee
recommendations.
(e) The Enrollment
Coordinator shall maintain appropriate records to support the recommendations of
the Tribal Council and will maintain the Roll as accurately as possible. The
records shall include copies of documents received to support applications for
membership. The records shall be available to the Tribal Council upon request to
the Enrollment Committee. Request
for enrollment records shall be done on a "need to know", case-by-case
basis and strictly for enrollment purposes. Enrollment records shall not be
released or used for any political or controversial issues, but for review and
audit of the integrity of enrollment files and records. Revealing information in
the enrollment records shall be deemed grounds for expulsion or termination (See
Section 8 of the Indian Civil Rights Act).
7-1-4
Enrollment Records
(a) Once the applicants' records enter
the Enrollment Office, they are the official property of the Tribes.
(b)
Changing and/or correcting the Membership Roll will be handled as
follows:
(1) The member will send in the requested change (e.g., name change
because of marriage, birth of a child, etc.) to the Enrollment Office
(Coordinator);
(2) The Enrollment Coordinator gives the changes (including any
corrections required due to current errors on the Roll) to the Enrollment
Committee; and
(3) The Enrollment Committee will take action and make appropriate recommendation to the Tribal Council for final action and subsequent notification to the BIA (Refer to 7-1-6 of this Part entitled, "Levels of Responsibility").
(c) Basic Roll:
The
Enrollment Coordinator will develop a Basic Roll for the Tribes. This Roll will
contain all the names in alphabetical order of those members who were enrolled
from the date of Restoration until the Constitution was adopted on May 23, 1987.
Numbers will be assigned on an alpha/numerical basis on this Basic Roll (i.e.,
the first person on the Roll will have the number 0001, and the tenth member
will have the Roll number of 0010, etc.). All members added after the date of
the adoption of the Constitution will have his/her name put on the Roll in
alphabetical order, but will be given a Roll number consistent with his/her
entry into the Confederated Tribes as a certified tribal member.
7-1-5
Enrollment Committee
(a) The
Enrollment Committee shall meet once every two (2) months and at other times as
deemed necessary by the Committee. Absence from three (3) regularly scheduled
meetings (not special meetings) in consecutive order shall constitute removal
from the Committee.
(b) The
Enrollment Committee shall have five (5) committee members. One (1) member of
the Committee shall be a member of the Tribal Council, one member from each of
the three (3) Tribes (if possible) and the rest at random from the membership.
If five (5) members constitute the Committee, three (3) will make a quorum to
hold a meeting and conduct business.
(c) The
Enrollment Committee functions directly under the auspices of the Tribal
Council. Both the Enrollment Committee and tribal staff will work and abide by
the regulations and procedures contained in the Enrollment Code.
(d) The
Chairman may appoint someone to take the minutes of each meeting of the
Enrollment Committee.
(e) The
Enrollment Coordinator and staff need to have available to them the following
documents for use in determining an applicant's eligibility for membership in
the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians:
(1) 1940 Grand Ronde-Siletz Agency Census Rolls.
(2) Any local, surrounding tribes' rolls, or any other rolls as deemed needed by the Committee; on a "case by case" basis.
(3) United States Census Rolls.
(4) Printed/published documents/books/papers.
(f) The
Enrollment Committee shall present a list of applicants and their
recommendations regarding these to the Tribal Council four (4) times a year; in
the months of January, April, July and October, for their action. At least
thirty (30) days prior to Council presentation of applicants, the Enrollment
Coordinator will present all applications and supporting documents to the
Enrollment Committee. Meetings of the Enrollment Committee may be called by the
Chairman, and may also be called upon request of three (3) members of the
Committee. If members call for a meeting, the Chairman has three (3) days in
which to notify all members of the Committee, and the meeting will take place
upon three (3) days’ notice.
7-1-6
Levels of Responsibility
(a)
The Enrollment staff (Coordinator) is responsible for the day-to-day
operations only.
(b) The
Enrollment Committee is responsible for making recommendations to the Tribal
Council regarding membership.
(c) The Tribal Council is responsible
for enacting laws, policy and making final decisions on matters pertaining to
the Membership Roll.
7-1-20
APPLICATION FOR MEMBERSHIP
7-1-21
Procedures for Membership Application
(a)
Application Form
(1) The Enrollment Committee
shall develop an application form to be approved by the Tribal Council, and this
form must be used when making application for enrollment. The application form
shall be entitled, "APPLICATION FOR ENROLLMENT", and shall contain the
following:
(A) Name and address of the applicant.
(B) All names which the applicant is or has been known by.
(C) Date of birth.
(D) The applicant must designate how membership is being claimed,
according to 7-1-22 of this Code.
(E) Signature of applicant or sponsor.
(F) Date.
(G) Application number.
(H) Dual membership information.
(f)
Adoption information.
(b) Family
Tree: The Family Tree form must be furnished by the Tribal Office, and an
application number must be on the Application Form and the Family Tree form,
date application was sent and received.
(c)
Who May Apply: Any person who believes he or she meets the
requirements for membership in the Tribes as set forth may request an
application from the Enrollment Coordinator.
Application
for persons such as minor children and those who may be incapacitated may be
filled out by a parent, next of kin, recognized guardian, or other person
responsible for the applicant’s care.
(d) Processing Application
(1) The Enrollment
Coordinator shall process each application and present
all information to the Enrollment Committee (See also Section 7-1-3 (b) and (c)
of this Code.
(2) The Enrollment Committee shall make their recommendation to the
Tribal Council for a Resolution of Acceptance.
(3) In the
event the Enrollment Committee or Coordinator needs further information to
facilitate their decision making process, the applicant shall be requested to
provide that information which is necessary, and they shall have forty-five (45)
days to submit this requested material.
(4) The applicant has the responsibility of proving his/her application
(7-1-3(c), where reference is made to “burden of proof”).
(e) Required
Forms: Application forms and Family Tree forms shall be issued through the
Tribal Office upon the request of any person seeking enrollment for himself or
another person.
(f) Members’ Right to Protest
(1) The Enrollment Committee
recommendation for applicant’s membership shall be published in the Tribal
Newsletter.
(2) Tribal members shall have the right to protest the recommendation of
the Enrollment Committee regarding applications and must file a written, signed
protest with the Committee stating his/her reasons for believing that an
applicant(s) is not entitled to enrollment. This filing must be done within
thirty (30) days after being published in the Tribal Newsletter.
(3) If a protest is filed, the Enrollment Coordinator shall reconsider
the applications, taking into consideration the information submitted. The
review of protests shall not delay the processing of other recommendations to
Council while the Coordinator reviews such protests.
(g) Tribal Resolution for Enrollment
(1) When the Tribal Council
makes a resolution for enrollment, the applicant shall be notified by certified
mail.
(2) Each name shall be
officially listed on the Tribal Rolls in proper alphabetical order.
(3) A roll number shall be given to each member.
(4) The name
and number will be sent to the Bureau of Indian Affairs-Siletz Agency, and the
Indian Health Service.
(h) Appeal
(1) If the Enrollment Committee
does not accept the application for membership, the applicant shall be notified
by certified mail and advised of his or her right to appeal the decision to
Council.
(2) All appeals must be addressed to the Tribal Council.
(3) In case of denial of enrollment, the applicants shall have sixty (60) days from the receipt of the rejection notice to petition the Tribal Council.
(4) In any such notice of rejection, the applicant shall also be
informed that he/she may submit further evidence supporting his/her case.
(5) If the Council wishes to
hear further information, or otherwise meet personally with the applicant, the
Council may schedule a hearing with the applicant at a Council meeting.
7-1-30
ELIGIBILITY STANDARD
(a) Article III - Section 6 of the
Constitution states that "Only persons qualifying for membership under
Section I of this Article who are adopted shall have the rights and privileges
of tribal members, and shall be eligible for tribal services" (See also
Article III - Section 1 of the Constitution entitled, "Membership
Requirements", and 7-1-1 of this Enrollment Code).
(b)
Article III - Section 6 of the Constitution further states that "All
other persons adopted into the Tribes shall be honorary members."
Therefore, honorary members shall not be eligible for tribal services,
nor be eligible to have membership voting rights, and shall not be considered
enrolled members. In order to avoid misunderstandings and mistakes, honorary
members shall not be assigned roll numbers.
7-1-32 Paternity and Maternity
(a)
The Tribal Council may inquire into the paternity or maternity of an
applicant where a reasonable basis exists to question the parentage of an
applicant. A full birth certificate is the best proof of birth; it will legally
establish:
* Date of birth
* Mother's identity
* Father's
identity if parents are married
* Father's identity if parents are not married, and he personally signs
his name on the birth certificate.
(b)
A sworn, notarized statement of paternity in an affidavit must be
submitted if the father is not listed on the birth certificate or his signature
is not on the birth certificate, along with the results of a DNA confirming
parentage.
(c)
In the case that the tribal member is not able or willing to confirm
parentage, either through a notarized paternity statement or with a DNA test,
the applicant must submit additional documentation proving tribal parentage,
including but not limited to, affidavits by tribal member's family confirming
tribal parentage, state records, wills, probate records, etc.
(d)
Should parentage be contested by the tribal member, all parties will
submit to a DNA test. These test results, along with a notarized photo copy of
the certified birth certificate, affidavits, records, etc., shall be submitted
to the Enrollment Committee and the Tribal Council for review and subsequent
denial or approval of enrollment.
7-1-33
Enrollment in Another Tribe
No person who
is a member of any other Indian tribe, whether federally recognized or not,
shall be eligible for membership in the Tribes until he/she has relinquished in
writing, his/her membership in the other tribe, and only then, if the Committee
accepts the application of said person, and the Council votes to enroll him/her.
7-1-41 Loss of Membership
(a) Grounds:
The Enrollment Coordinator shall recommend to the Enrollment Committee, removal
from the Tribal Roll of any person who becomes ineligible for membership because
of enrollment in another tribe, whether federally recognized or not.
In addition,
a person who is found to have been enrolled on the basis of falsified
information or errors, the Enrollment Coordinator will revert to the
Constitution of the Tribes, Article III - Sections 2, 3 and 7 (Refer to (c) of
this Section regarding dismissal).
(b) Procedures:
Prior to Removal: A person
shall be given notice in writing by the Enrollment Coordinator of the right to a
hearing and to hear evidence against him/her, begin to confront the witness, or
be represented by counsel at his/her expenses.
(c) Tribal
Council: The Tribal Council shall, by resolution, order removal from the
Roll the name of any person it finds to be ineligible for membership because of
enrollment in another tribe or for filing a false application.
7-1-42 Relinquishment of Membership
Any member may relinquish membership in
the Tribes by a written notice to the Enrollment Committee or the Tribal
Council. Upon resolution by the Tribal Council, it shall direct the removal of
that person's name from the Roll.
No one who
relinquishes his/her membership shall be admitted again to the Tribes or be
placed on the Roll.
7-1-43 Deceased Members
The
notification of death of a person on the Tribal Membership Roll shall be
accomplished by written evidence given to the Enrollment Committee in the form
of a Certificate of Death. The Enrollment Coordinator will handle the paperwork
and furnish it to the Enrollment Committee for action. The Committee will make a
recommendation to the Council to remove the deceased person's name from the
Roll. The deceased person's name will then be removed from the Roll by
resolution of the Tribal Council. Proper notification will be made to the Bureau
of Indian Affairs and Indian Health Service. The name will then be entered into
the Tribal Historical File for a permanent record.
APPENDIX
A
LEGISLATIVE
HISTORY AND EDITORIAL CHANGES
ENROLLMENT
LEGISLATIVE
HISTORY AND EDITORIAL CHANGES
The "Enrollment"
Ordinance was codified for the Tribal Court in December 2001.
The Tribal Council of the
Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Tribes) Revised
and Renumbered the "Enrollment" Ordinance, stating that Ordinance 006
contained some inappropriate and outdated information.
Resolution 95-044, Ordinance No. 016, August 28, 1995.
The Tribal Council of the
Tribes revised Ordinance 006. Ordinance
006 excludes lateral descendants of persons on the 1940 Indian Census that were
on the base roll. Amendment to read
as follows: “Whose names are
listed, or whose names are entitled to be listed, or descendant thereof, on the
Public Domain Census Roll of January 1, 1940, prepared by the Grand Ronde-Siletz
Agency, Bureau of Indian Affairs (BIA), or ………” Resolution No. 89-069, September 21, 1989.
The Tribal Council of the
Tribes on July 10, 1988, Resolution 88-043, clarified the intent of Council in
to a specific section of the Ordinance. Amended
as follows: “
Part I, Section 6 -
(E)
The Enrollment clerk and staff needs to have available to them the
following rolls for use in determining an applicant’s eligibility for
membership in the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians:
(1)
1940 Grand Ronde-Siletz Agency Census Rolls
(2)
Contact all local, i.e., surrounding, tribes; or any other rolls as
deemed by Council on a case-by-case basis.
The Tribal Council of the
Tribes enacted the "Enrollment" Ordinance No. 004 on December 13,
1987.