ORDINANCE
NO. 2
ADOPTIONS TO MEMBERSHIP IN THE BAY MILLS INDIAN COMMUNITY
Section 1. Adoption.
As provided
in Article III of the Constitution of the Bay Mills Indian Community,
the Community may provide for the adoption to membership of persons
who meet the requirements of this Ordinance. There is no absolute
right in any person to be adopted to membership.
Section 2. Qualification for Adoption.
Any person
who is a documented descendant of a Sault Ste. Marie Chipppewa Indian
whose name appears on the Durant Roll of 1910 and who is not enrolled
as a member of any other Indian tribe or group is eligible for adoption
to membership in the Bay Mills Indian Community by the General Tribal
Council.
Section 3. Documentation of Ancestry.
Any person
wishing to be considered for adoption provide the Bay Mills Indian
Community with a completed enrollment application form and legal documentation
as requested by the Community to prove eligibility.
Section 4. Membership Screening Committee.
Upon
the receipt of the applicant’s enrollment form and necessary
documentation, the Community shall refer the request for adoption
to the Membership Screening Committee, the five (5) members of which
shall be appointed by the Executive Council for a term of good behavior.
The Committee may request such further information from the applicant
it deems necessary or advisable. Upon completion of its review, the
Committee shall make a recommendation to the General Tribal Council
as to the acceptance or rejection of the applicant for adoption.
Section 5. Recommendations of Membership Screening Committee.
The applicant
for adoption shall be informed of the Committee’s recommendation
to the General Tribal Council as to his or her application, by letter
which shall be sent at least ten (10) days before such recommendation
shall be submitted to the General Tribal Council. Such notice shall
inform the applicant of the right to contest the Committee’s
recommendation by appearing in person before the General Tribal Council.
Any applicant wishing to appear before the General Tribal Council
will so inform the Secretary of the Executive Council, who in turn
will notify the applicant of the date and time of the next General
Tribal Council meeting.
Section 6. Action Upon Recommendation of Membership Screening
Committee.
The General
Tribal Council shall consider the recommendation of the Membership
Committee at a regularly scheduled meeting. Such recommendation is
advisory only, and may be followed or disregarded by the General Tribal
Council at its discretion.
Section 7. Notice to applicant.
The Secretary
of the Tribal Council shall inform the applicant for adoption by mail
of the action taken by the General Tribal Council. Such notice shall
further state the action may be reconsidered by the General Tribal
Council upon the written request of the applicant if filed with the
Secretary of the Executive Council within thirty (30) days of the
decision. This request for reconsideration shall not be included in
the time in which an appeal must be filed under Section 9.
Section 8. Reconsideration of denial of request for adoption.
The General
Tribal Council may reconsider its denial of an applicant’s request
for adoption at its next meeting after which a request for reconsideration
with new documentation attached has been filed by the applicant.
Section 9. Appeal.
Any appeal
of the denial of membership shall be made directly to the Secretary
of the Interior within 60 days after the receipt of written notice
of rejection.
Section 10. Loss of Membership.
Any person
now or in the future enrolled as a member of the Bay Mills Indian
Community shall be subject to loss of his or her membership if he
or she relinquishes his or her membership in writing, or if he or
she is found to be enrolled with any other Indian tribe or group.
Such person shall be informed of this fact and shall be given the
opportunity to relinquish his membership in such other tribe or group.
Failure to do so within thirty (30) days of such notice shall be considered
relinquishment of membership in the Bay Mills Indian Community, upon
such relinquishment, his or her name shall be stricken from the membership
rolls and voter registration lists.
CERTIFICATION
This
is to certify that the above Ordinance, Ordinance No.2, Adoptions
to Membership in the Bay Mills Indian Community, was adopted and
approved at a meeting of the Bay Mills General Tribal Council, held
at Bay Mills, Michigan on the 17th day of April, 1993, with
a vote of 85 for, 1 opposed and 5 abstaining.
Julie
A. Timmer, Tribal Secretary
Bay Mills Indian Community
General Tribal Council
Pursuant
to Article VI, Section 4 of the Constitution and By-Laws of the Bay
Mills Indian Community this Ordinance is hereby approved.
Anne
E. Bolton
Superintendent
4/27/93
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