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[2003]
The original membership of the Stockbridge-Munsee Community shall consist of all persons eligible under the definition of membership contained in Article III, Section 1, 2, and 3 of the Constitution of the Stockbridge-Munsee Community.
Section 44.2
A Membership Committee consisting of seven persons effective March 20, 2001 is hereby established which shall accept all applications for adoption, shall conduct investigations of tribal status, degree of Indian blood and other characteristics of the applicants as it shall deem necessary in determining whether the applicants should be adopted as members of the Community, and shall thereupon submit such information to the Council together with recommendations indicating the Committee's approval or disapproval in each case.
Section 44.3
(A) The Membership Committee shall be appointed by the Tribal Council for a period of two years. The Committee shall have only advisory powers and no member shall be at the same time a member of the Council. The recommendations of the Committee shall be made in writing and signed by at least four members of the Committee.
(B) Four terms of the Membership Committee shall run concurrently with the term of the Tribal President. The other three terms of the Membership Committee shall run for two years, but shall expire on the eve of the October election in years that the Tribal President is not up for Election.
(1) Section 44.3(B) is intended to implement staggered terms for the Membership Committee. Upon the adoption of the 2001 amendment and effective March 2001, the three incumbent Committee Members’ terms shall expire on the eve of the October 2001 election, and on the eve of every other October election thereafter. As of March 20, 2001, the four other Committee Members’ terms shall expire on the eve of the October 2002 election, and on the eve of every other October election thereafter.
(C) The Stockbridge-Munsee Community recognizes that elders can provide valuable input to the Membership Committee. Therefore, at least two of the Committee Members shall be elders (at least 55 years old), provided that at least two elders seek appointment to the Membership Committee. If elders do not seek appointment, the Membership Committee shall be appointed in accordance with Section 44.3(B), and without regard to elder status.
(1) The elder terms shall coincide with Section 44.3(B). One elder appointment shall expire on the eve of the October 2001 election, and on the eve of every other October election thereafter. The other elder appointment shall expire on the eve of the October 2002 election, and on the eve of every other October election thereafter.
(D) Tribal Council, by motion at a regularly scheduled Council meeting, reserves the right to remove a Membership Committee member for cause.
Section 44.4
All persons of Stockbridge-Munsee Indian blood whose name appears on the roll of 1871 and any subsequent roll including the roll of 1910, are hereby adopted into membership of the Stockbridge-Munsee Indian Community. Provided, that any person whose name appears on the 1871 Stockbridge-Munsee roll or any subsequent roll up to and including the roll of 1910 of the Stockbridge-Munsee Indians of Wisconsin, who has relinquished their membership, or their entitlement to membership, or have been disenrolled for any reason shall not be members of the Stockbridge-Munsee Community.
Section 44.5
Descendants of persons who are enrollees under the definition of Section 4 of this Ordinance shall be eligible for adoption into the Community, provided such descendants present acceptable evidence of being of one-quarter (1/4) or more degree Stockbridge-Munsee Indian blood.
Section 44.6
The action of the Council to adopt a new member shall be subject to final approval in a referendum of the eligible voters of the Community voting at a regular or special election in which not less than 30% of the eligible voters shall vote.
Section 44.7
(A) Descendants of members of the Stockbridge-Munsee Community may be enrolled as members of the Community upon approval by the Tribal Council of a certified or photo static copy of the descendant's birth certificate; Provided such descendants are of one-quarter (1/4) or more Stockbridge-Munsee Indian blood, and, Provided further that such descendants are not members of any other Indian tribe.
(B) In addition to meeting the requirements of Section 44.7(A), examples of other relevant documents that may be considered in determining blood degree include:
1) Treaties,
2) Corn list 1838,
3) Census 1842,
4) Land Assignments of 1843,
5) 1850 Calumet Co. Census,
6) 1893 Testimony,
7) 1901 Appl. For Buffalo, N.Y. Claim & other Census and Allotment Rolls,
8) 1905 Testimony,
9) Family Bibles,
10) Missionary Journals,
11) Heirship Roll, or
12) 1906 Allotment Roll.
Section 44.8
Enrolled Tribal Members may voluntarily relinquish their Tribal membership in accordance with established policies and procedures.
LEGISLATIVE HISTORY
Membership Ordinance was approved by Council February 20, 1940 and approved by Assistant Secretary Aug. 30, 1940.
Ordinance was amended Jan. 9, 1949, approved by BIA Jan. 19, 1949, adding Section 8 (becoming Section 7 at this writing, 1995, with all changes considered).
Section 4 amended by tribal referendum June 1, 1968, approved by Commissioner of Indian Affairs, April 11, 1969.
Section 6 of original document was deleted by Tribal Resolution 003, September 14, 1971 which began with "A member shall lose his or her membership in the Community upon maintaining a permanent residence away from the Community........." Received by BIA September 16, 1971. Approved by Commissioner September 28, 1971.
On March 20, 2001, Resolution No. 018-2001, Tribal Council adopted the following amendments:
1) Section 44.1, technical change. The Ordinance incorrectly referred to Sections 11, 2 and 3 of Article III of the Tribal Constitution. The correct sections are 1, 2, and 3 of Article III of the Tribal Constitution.
2) Section 44.2, expanding the Membership Committee from three to seven members, effective March 20, 2001.
3) Section 44.3(A), deleted the reference that the Committee Members served "coinciding with the terms of the President of the Council" and changed the number of members who must sign the recommendations to Council from two members to four members to coincide with the seven member committee.
4) Section 44.3(B) and Section 44.3(B)(1), newly created, establishing staggered terms for the seven member Membership Committee.
5) Section 44.3(C), newly created, establishing the desirability that two of the Membership Committee be elders.
6) Section 44.3(C)(1), newly created, establishing that the two elder terms be staggered terms.
7) Section 44.3(D), newly created, establishing that Membership Committee member can be removed for cause.
8) Section 44.7(B), newly created, incorporating the majority of the content of a 1985 Tribal Council directive (that was not previously incorporated into the Ordinance) so that the Membership Committee may consider other documents in determining blood degree, in addition to meeting the requirements of Section 44.7(A).
March 20, 2001 amendments approved by BIA, April 10, 2001.
Section 44.8 newly created by Tribal Council on October 1, 2002 by Resolution No. 055-02. Approved by BIA on October 18, 2002.