The Confederated Tribes of the Grand Ronde Community of Oregon [Ordinances]

	DATE ORIGINALLY ADOPTED: 6-25-85
	DATE AMENDED: 6-23-86; 1-15-88; 4-12-89;  9-30-93; 4-2-97; 9-17-97; 11-3-99; 1-3-01
	SUBJECT: Enrollment
	RESOLUTION #: 69-85; 195-86A; 264-88; 338-89; 068-93; 004-97; 027-97; 087-97; 131-99; 005-01

Enrollment Ordinance

Tribal Code § 4.10

(a) AUTHORITY AND PURPOSE

(1) The authority for this Ordinance is found in the Grand Ronde Constitution Article V.

(2) The purpose of this Ordinance is to provide for the development and maintenance of the membership roll of the Tribe, and to ensure the integrity and accuracy of the roll, as required by Article V of the Tribal Constitution.

(b) MEMBERSHIP REQUIREMENTS:

(1) The membership of the Tribe shall consist of all persons who are not enrolled as members of another recognized tribe, band or community and, who for one year have fully and unconditionally relinquished membership in another Indian Tribe and;

(a) whose names validly appear on the official tribal membership roll prepared under the Grand Ronde Restoration Act; provided, that such roll may be corrected by the Tribal Council with the approval of the Secretary of the Interior; or

(b) whose names validly appear on the official tribal membership roll as of September 14, 1999; provided that such roll may be corrected by the Tribal Council in accordance with the Tribal Enrollment Ordinance; or

(c) who possess at least one-sixteenth (1/16) degree Grand Ronde blood quantum and were born to a parent who was a member of the Tribe at the time of the applicant's birth and who, unless deceased, is a member of the Grand Ronde Tribe at the time the applicant files an application for enrollment; have filed an application for enrollment according to procedures established pursuant to this Ordinance, and have been accepted as members in accordance with this Ordinance.

(2) For purposes of this section, Grand Ronde blood is defined as all Indian blood derived from a direct ancestor whose name validly appears on the official tribal membership roll prepared under the Grand Ronde Restoration Act; provided, that such roll may be corrected by the Tribal Council with the approval of the Secretary of the Interior.

(3)

(A) If an applicant is born out of wedlock and the mother of the applicant is a member of the Tribe, the applicant shall be deemed to possess one-half the Grand Ronde blood quantum possessed by the mother; provided the applicant's Grand Ronde blood quantum shall be determined as if the applicant were born within wedlock if the application is accompanied by an order of paternity by a court of competent jurisdiction or by certification of paternity based on a blood test of father and child.

(B) The Tribal Indian Child Welfare Program shall provide to the Enrollment Office any information about paternity of children in its care or custody or being considered for same that are being considered for enrollment.

(4) Persons adopted by members of the Tribe or by the Tribe are not eligible for enrollment unless they independently meet the requirements of this Ordinance.

(5) Notwithstanding any requirements prescribed in this Ordinance, the Council may adopt any person as a honorary member of the Tribe pursuant to Article V, Section 4 of the Tribal Constitution; provided that no honorary member shall have any right to vote, share in tribal assets or distributions, or participate in the government of the Tribe. Provided further, that no person shall be adopted as an honorary member by the Council unless that person shall have a significant community relationship with the Tribe. A significant community relationship shall include, but not be limited to, continued and dedicated service to the Tribe, its government, or its membership. The decision of the Council in adopting any person as an honorary member shall be final and not subject to review; provided that denial of honorary membership to any person by the Council may be reconsidered in light of new or additional evidence supporting the case for honorary membership; provided further, the Council may, for cause shown, revoke the honorary membership of any persons by majority vote of the Council.

(c) ENROLLMENT STAFF & COMMITTEE:

(1) Enrollment Staff. The 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 be subject to all Tribal personnel policies in the same manner as other Tribal employees.

(2) Duties and Powers of Enrollment Staff. The enrollment staff shall establish enrollment procedures, with the consent of the Council, and which are consistent with this Ordinance. The enrollment staff shall make a semi-annual report to the Tribal and General Council of its proceedings and activities, including the number of new enrollees during the preceding month and the current number of Tribal members. The enrollment staff shall maintain the roll. The records shall include originals or certified copies of documents received to support the applications. The enrollment staff shall review and evaluate all applications for membership, and submit its proposed recommendations for adult applicants (those who are 18 years of age or older) to the Enrollment Committee for the Committee's consideration. The Enrollment staff shall review and evaluate all applications for membership for minor applicants and shall forward such applications for determination as follows:

(A) For minors between 6 months and 18 years of age who are not subject to the emergency enrollment provisions of subsection (c)(2)(C) of this section, the Enrollment Staff shall submit its proposed recommendations to the Enrollment Committee for the Committee's consideration.

(B) For minors between newborn and 6 months of age who are not subject to the emergency enrollment provisions of subsection (c)(2)(C) of this section, the Enrollment Staff shall submit its proposed recommendations directly to Tribal Council for its consideration.

(C) For minors who may be eligible for enrollment and who are the subject of a state court proceeding involving the custody of the child, the Enrollment Staff shall determine whether the child is eligible for enrollment as soon as practicable. If the child is eligible for enrollment, the Enrollment Staff shall file an application for the child's enrollment on behalf of the parent(s), legal guardians or legal custodians and, if the application otherwise meets the criteria established by this Ordinance, shall forward such application directly to Tribal Council for its consideration.

(3) Enrollment Committee. The Enrollment Committee shall be appointed by the Council and selected from the Tribal membership. Committee members shall serve two years from the date of appointment and may be removed by the Council for failure to perform the duties set forth in this Ordinance or for violations of Tribal law. Committee members shall serve without pay but shall be reimbursed for any expenses incurred in connection with their official duties. Upon accepting appointment, each Committee member shall sign an oath which shall become part of the enrollment records stating that he or she will serve according to the best of his or her ability and will follow the Grand Ronde Constitution and this Ordinance.

(4) Duties and Powers of the Enrollment Committee. The Committee's responsibilities shall be limited to the adoption or rejection of the enrollment staff's proposed recommendations regarding applications for enrollment. If the Committee's recommendation is to approve an application for membership, said recommendation shall be submitted to the Tribal Council by the enrollment staff pursuant to Section (d) of this Ordinance. If the Committee's recommendation shall be to reject an application for membership, said recommendation shall be subject to the right to protest as set forth in Section (d) of this Ordinance. The Committee shall hold no more than two regular meetings per year to consider applications for membership, provided that special meetings may be held to hear protests of Committee decisions filed in accordance with Section (d)(4)(C) of this Ordinance.

(5) Access to Records. Confidentiality: All enrollment records, except adoption records, shall remain open during business hours to inspection by the Executive Officer, the Tribal Attorneys and enrollment staff. Except as thus provided, all enrollment records shall be confidential. Enrollment records, except adoption records, may also be inspected by Tribal members pursuant to a Tribal Court order authorizing access to enrollment records; provided however, that such order may only be issued upon a showing by the requesting Tribal member of a good faith basis or reason for accessing the requested enrollment records. Revealing information in the enrollment records to someone other than a Tribal member, the Executive Officer, or the Tribal Attorney, the Committee or enrollment staff shall be deemed grounds for termination of employment, recall of an elected Tribal official, or cause for removing a committee member.

(d) PROCEDURES FOR MEMBERSHIP APPLICATION:

(1) Application Form. Enrollment staff shall develop an application form which must be used when making an application for enrollment. The form shall be entitled "Application for Enrollment" and shall contain space for the following information:

(A) Name and address of the applicant;

(B) All names by which the applicant is or has been known;

(C) Date of birth of the applicant;

(D) Names of the parents of the applicant and the Tribal ancestor on the Restoration Act Roll through whom Grand Ronde blood quantum is traced;

(E) If the applicant is under the age of 18 or incompetent, the name, address and relationship of the person making the application on behalf of such minor or incompetent;

(F) Certification by the applicant, or by the person making the application on behalf of the minor or the incompetent applicant, that the information is true.

(2) Supporting Documents. Documentation evidencing eligibility for enrollment shall accompany the application. Enrollment staff shall have the authority to require applicant to furnish such additional evidence or proof as is necessary to make a determination. Any handwritten corrections or additions on documentation will be considered alterations. Altered documents will be unacceptable for enrollment purposes. Enrollment staff shall establish the nature and types of acceptable evidence, which will include but not be limited to, court documents, and state or federal records. Copies of these documents may be submitted in lieu of originals, provided the copies are certified to be true copies by the office having custody of the original record.

(3) Who May Apply. Any person who believes that he or she meets the requirements for membership in the Tribe may submit an application for enrollment to the enrollment staff. Applications for minor children under the age of eighteen (18) and incompetents may be filed by a parent, legal guardian, other person who has custody of the child under tribal law or custom or to whom physical care, custody, and control has been transferred by the parent of such child, or a member of the Council.

(4) Processing Applications, Right to Protest, Tribal Council Action.

(A) Except as provided in sections (c)(2)(B) and (C) of this Ordinance, the enrollment staff shall process each complete application and make recommendations to the Committee at the next regular meeting. In the event staff needs further information necessary to make its proposed recommendation, it shall inform the applicant by letter, with a request for the information needed. Upon receiving the additional information, the staff shall process the application. The applicant has the responsibility of proving the statements made in his or her application.

(B) If the Committee finds that an application is complete and the applicant appears to meet the requirements of this Ordinance, the enrollment staff shall prepare a written statement within sixty (60) days for the Council. The staff shall mail notice to the applicant of when the application will be considered by the Council.

(C) If the Committee finds that an applicant appears not to meet the requests of this Ordinance, the Enrollment staff shall mail notice of this finding by certified mail to the applicant. The applicant may file a protest with the Enrollment staff within thirty (30) days of receipt of the certified letter, stating the reasons he or she believes the application should be approved.

(D) If a protest is filed, the Enrollment staff may reconsider the application in light of the information submitted with the protest and shall submit its proposed recommendations, with justification, together with the protest, to the Enrollment Committee within fifteen (15) days of receipt. The Enrollment Committee shall make its decision within fifteen (15) days of receiving the enrollment staff's proposed final recommendation. If the Committee's decision is to reject the application, the applicant may appeal the Committee's determination in accordance with subsection (II) below.

(E) If the Committee recommends that an application be approved the Council shall act on the Committee's recommendation at its next regular meeting following the expiration of thirty (30) days of receipt of the recommendation.

(F) When the Council approves an application for enrollment, the enrollment staff shall enter the name of the applicant on the official tribal membership roll and notify the applicant. If the Council decides to reject an application for enrollment, the applicant shall be notified by certified mail and advised of his or her right to appeal the decision in accordance with subsection H of this section.

(G) The Council may, by majority vote, reopen rejected applications when new substantial evidence is submitted to support the applicant's position and when the Council determines that justice requires such recognition.

(H) An applicant who has exhausted his or her appeal rights under subsections (D) and (F) of this section and is aggrieved by the enrollment decision of the Enrollment Committee or Tribal Council has the right to appeal the determination of the Committee or Council to the Tribal Court, but only on the grounds that the determination was arbitrary and capricious or a violation of Tribal Constitutional rights. Such appeal must be filed with the Court in writing on or before the fourteenth (14th) day following receipt of the written determination of the Committee or action by Council. A determination by the Court of such appeal shall be final and no further appeal may be had; provided, however, that if a Court of Appeals is established in Tribal Court, the determination may be appealed to the Court of Appeals and such appeal must be filed with the Court of Appeals in writing on or before the fourteenth (14th) day following receipt of the written determination of the Tribal Court. The Court shall review, on the record, the determination of the Committee or Council. The party appealing the Committee or Council's decision shall have the burden of persuading the Tribal Court that the enrollment decision appealed from was arbitrary or capricious or a violation of Tribal Constitutional rights. The Tribal Court shall give due deference to the rule of nonprejudicial error and matters within the expertise or judgment of the Committee or Council. The Tribal Court shall recognize the obligations of the Tribe and the Committee under the Tribal Constitution. The only remedy which the Tribal Court may order in matters appealed under this Ordinance is referring the matter back to the Enrollment Committee or Tribal Council for reconsideration in light of the Tribal Court's ruling in such matter. An applicant denied enrollment shall not, under any circumstances, be compensated in money damages against the Tribe, its employees or officers.

(5) Burden of Proof and Standard of Proof. The burden of proof shall be upon the Applicant to establish all elements of the Applicant's entitlement to enrollment under the Tribal Constitution and rules and regulations of this Ordinance, unless otherwise specifically stated herein. Any matters required to be proved under this Ordinance, unless otherwise specifically stated, must be proved to the satisfaction of the Enrollment Committee or the Tribal Council, as provided herein, by clear and convincing evidence.

(e) PROCEDURES FOR CORRECTION OF MEMBERSHIP ROLL: Enrollment staff shall promulgate regulations on procedures for correcting the Tribal Roll.

(f) RELINQUISHMENT OF MEMBERSHIP: Any member of the Tribe may relinquish his or her membership in the Tribe with the consent of the Council. Upon receipt of written notice of relinquishment, Council shall, if it consents to the relinquishment, direct enrollment staff to remove the name of the individual from the roll. The individual may reapply for membership three (3) years after relinquishment but must comply with the requirements of this Ordinance. Upon reaching eighteen (18) years of age, a child whose membership was relinquished may re-apply for membership without waiting three (3) years. An individual or agency acquiring legal custody of a minor whose enrollment has been relinquished by a previous legal custodian is not required to comply with the three-year limitation on re-enrollment in this section. Such succeeding legal custodian may apply for re-enrollment of the minor in the Tribe in accordance with this Ordinance.

(g) LOSS OF MEMBERSHIP:

(1) Grounds. Enrollment staff shall recommend to Council the removal from the Tribal roll, of any person who becomes ineligible for membership because of enrollment in another federally recognized tribe, band or community or has been enrolled in error because he or she did not meet the requirements set for membership at the time of enrollment.

(2) Procedure. Prior to removal, a person shall be given notice by certified mail by the enrollment staff of the right to a hearing and to hear the evidence against him or her, confront witnesses, be represented by legal counsel at his or her own expense present evidence to the Council within thirty (30) days after the enrollee's receipt of his or her proposed dis-enrollment. Any disenrollment shall be made by the Council, directing the Enrollment staff to make such change subject to the appeals procedure set forth in Section (d)(4)(H) of this Ordinance.

(h) DECEASED MEMBERS: The Enrollment/Vital Statistics Offices shall keep a record of deceased Tribal members.

(i) BLOOD DEGREE CORRECTION: Corrections of blood degrees of persons on the Tribal roll shall be initiated by the Enrollment staff which shall make recommendations from time to time to the Council with supporting reasons and evidence. These procedures can also be initiated by enrolled Tribal members wishing to make correction in their own and their minor dependent's blood degree. The Council shall direct the Enrollment staff to make such corrections as to blood quantum of persons on the Tribal roll as it deems necessary and proper. The corrected roll shall be the basis for re-evaluating all future applicants. Any change in blood degree shall be made by the Council, directing the Enrollment staff to make such change subject to the appeals procedure set forth in Section (d)(4)(H) of this Ordinance.

(j) PUBLICATION: An updated Tribal roll shall be compiled in March of every year by Enrollment staff and shall be made available to all Tribal members. The Tribal roll shall be kept in the Tribal office at Grand Ronde, Oregon, and shall be available for inspection upon request of any Tribal member.

(k) RETROACTIVE EFFECT: This Ordinance applies retroactively to any and all Applications for Enrollment submitted to the Enrollment Staff and pending processing by the Enrollment Staff; or pending determination by the Enrollment Committee, Tribal Council, or Tribal Court.

I hereby certify this to be a true copy of the Confederated Tribes of Grand Ronde Enrollment Ordinance.

_____________________________________
Reynold L. Leno, Tribal Council Secretary

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