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The Confederated Tribes of Siletz Indians of Oregon: Tribal Government Operations

Last amended: 1999

ENROLLMENT ORDINANCE

Siletz Tribal Code §2.701

§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

(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.

 

SILETZ TRIBAL COUNCIL By                                     Delores Pigsley Tribal Chairman

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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