Resolution No. 195-86A

RESOLUTION: Adoption of the Amendment to the Confederated Tribes of the Grand Ronde Community of Oregon Enrollment Ordinance as Adopted June 25, 1985.

WHEREAS, the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon has identified a need to provide guidance to the Tribal Government and tribal members by adopting a Tribal Ordinance; and,

WHEREAS, the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon has directed the Tribe's Ordinance Committee to prepare an Ordinance addressing an Amendment to the Confederated Tribes of the Grand Ronde Community of Oregon Enrollment Ordinance; and,

WHEREAS, the Ordinance Committee has thoroughly researched the Tribal Council's directive and has produced an Amendment to the Enrollment Ordinance; and,

WHEREAS, the Tribal Council has authority to adopt all Tribal Ordinances pursuant to Article III, Section 1 of the Constitution of the Confederated Tribes of the Grand Ronde Community of Oregon;

THEREFORE, BE IT RESOLVED that the Amendment to the Enrollment Ordinance of the Confederated Tribes of the Grand Ronde Community of Oregon be adopted.

CERTIFICATION: The foregoing Resolution is adopted by the Tribal Council, where a quorum is present, by a vote of 7 for and 0 against, this 23rd day of June , 1986.



Tribal Chairperson: ____________________________


Tribal Secretary: ______________________________


Date: June 30. 1986

(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, as required by Article V of the Tribal Constitution.

(1) The membership of the Tribe shall be open to all persons not enrolled as members of another federally recognized Indian tribe, band, or community and:

(A) Whose names validly appear on the official tribal membership roll prepared under the Grand Ronde Restoration Act and published in the Federal Register on June 22, 1984; pro vided, that such roll may be corrected by the Council with the approval of the Secretary of the Interior. Nothing in this section shall be construed to limit the- power of the Council to make corrections as to the blood quantum levels on any subsequent official tribal roll after that date; or

(B) Who possess one-sixteenth (1/16) or more degree Indian blood quantum of a federally recognized tribe or tribes, are descended from a member of the Tribe, have filed an application for enrollment in accordance with the provisions of this ordinance and are accepted as members by the Tribe.

(2) Descent from a member of the Tribe shall include lineal des cent from any person who was named on any roll or records of Tribal members prepared by the Department of the Interior prior to the effective date of the Tribal Constitution.

(3) If an applicant is born out of wedlock and the mother of the applicant is a member of a federally recognized Indian tribe or tribes, the applicant shall be deemed to possess one half the Indian blood quantum possessed by the mother; provided the applicant's Indian blood quantum shall be determined as if the applicant were born within wedlock if the application is accompanied by a written acknowledgement of paternity, signed by the father of the applicant before a notary public or other official authorized to administer oaths. Orders by courts of competent jurisdiction shall also be considered as proof of paternity.

(4) To be accepted as a member by the Tribe, the applicant must demonstrate close social and economic ties to the Tribe and have fully and unconditionally relinquished membership in any other Indian Tribe. Close social and economic ties may be demonstrated by:

(A) a minor having a parent who is an enrolled member of the Tribe and who has shown continuous and dedicated service to the Tribe, including having registered and voted in the two tribal elections immediately before applying for membership;

(B) an adult:

1. having worked for the Tribe presently and continuously for three (3) years prior to application, and have participated regularly in Tribal activities; or

2. having lived in the six county service area for one (1) year prior to application and shown continuous and dedicated service to the Tribe for at least three (3) years.

(5) 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.

(6) Notwithstanding any requirements prescribed in this ordinance, the Council may adopt any person as an 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 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 person 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 shall be subject to all tribal management rules and regulations 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, 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 as accurately as possible. The records shall include originals or copies of documents received to support the applications. The enrollment staff shall review and evaluate all applications for membership, and submit its proposed recommendations to the Enrollment Committee for the Committee's 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 Section 3(D) of this ordinance. 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 keep all enrollment records confidential.

(4) Duties and Powers of the Enrollment Committee. The Commit tee's responsibilities shall be limited to the adoption or rejection of the enrollment staff's proposed recommendations regarding applications for enrollment, and considering applicants' protests pursuant to Section 4 (D) of this ordinance. If the Committee's recommendation is to approve an application for membership, said recommendation shall be submitted to the 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 of 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 emergency applications for minors remain subject to section (e) of this Ordinance.

(5) Confidentiality: All enrollment records except adoption records shall remain open at all times to inspection by the Tribal Chairperson, on behalf of the Council, the Committee and enrollment staff. Except as thus provided, all enrollment records shall be confidential. Revealing information in the enrollment records to someone other than the Tribal Chairperson, 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 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 through whom lineal descent is traced;

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

(F) If the applicant's name does not validly appear on the official Tribal roll of June 22, 1984, information showing the applicant's close social and economic ties to the community, including letters from three (3) sponsors who are Tribal members and not members of the applicant's immediate family; and

(G) 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: At least one supportive document other than the application form shall accompany each application. Enrollment staff shall have the authority to require the applicant to furnish such evidence or proof as is necessary to support the Committee's recommendation. 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, state or federal records, hospital and medical records. In the absence of such documents or records, the enrollment staff shall have the authority to require the applicant to furnish two (2) affidavits from duly enrolled members of the Tribe eighteen (18) years of age or older, stating the relationship of the affiant to the applicant, if any, and verifying that the applicant possesses one-sixteenth or more degree of Indian blood quantum of a federally recognized tribe or tribes; that the applicant is descended from a member of the Tribe, and provide documentation demonstrating close social and economic ties to the Tribe. This documentation shall include proof of employment, residence and service to the Tribe and sponsor letters as required in subsection (1)(F).

(3) Who May Apply. Any person who believes 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, next of kin, recognized guardian, other person responsible for their care, or a member of the Council or its delegate.

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

(A) The enrollment staff shall process each application and make recommendations to the Committee at the next regular meeting. In the event staff need 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 recommends an application be approved, the enrollment staff shall prepare a written recommendation within sixty (60) days for the Council. The staff shall mail one copy of its recommendation to the applicant. The recommendation shall include notice of when the application will be considered by the Council.

(C) If the Committee recommends an application be rejected, the enrollment staff shall mail one copy of this recommendation 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 shall reconsider the application in light of the information submitted with the protest and shall submit its proposed final recommendation, together with the protest, to the Committee within fifteen (15) days of receipt. The Committee shall make its final recommendation within fifteen (15) days of receiving the enrollment staffs' proposed final recommendation. If the Committee's final recommendation is to reject the application, the applicant may within fifteen (15) days, present the protest to the Council for consideration. Consideration by the Council shall be on the record before the Committee.

(E) If the Committee recommends that an application be ap proved, or a protest is presented to the Council pursuant to Section 4(D) of this Ordinance, the Council shall act on the Committee's recommendation at its next regular meeting fol lowing the expiration of thirty (30) days of receipt of the recommendation or protest.

(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 request reconsideration of the decision in accordance with 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.

(e) EMERGENCY ELIGIBILITY DETERMINATIONS:

(1) In any case where the Council determines it is in the best interests of the tribe to hasten the enrollment process for any child who is not enrolled in the tribe but may be eligible for enrollment and who is the subject of a state court proceeding involving the custody of that child, the emergency procedures set forth in subsection (B) shall be followed.

(2) The staff shall determine whether the child is eligible for enrollment as soon as possible. If the child is eligible for enrollment, the staff shall file as application for the child's enrollment on behalf of the parent or parents and, if the application otherwise meets the criteria established by this ordinance, all time limitations and posting requirements of this are waived.

(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 any person who becomes ineligible for membership because of enrollment in another federally recognized tribe, band, or community, or does not meet requirements set for membership and has been enrolled in error. The Council shall, upon majority vote, order the removal from the tribal roll of any person thus found to be ineligible for membership.

(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 and present evidence to the Council within thirty (30) days after the enrollee's receipt of his or her proposed dis-enrollment.

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

(i) BLOOD DEGREE CORRECTIONS. 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 corrections in their own or their minor dependent's blood degree. The Council shall direct the enrollment staff to make such corrections as to blood quantum of per sons 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 7(B) of this ordinance. Any change in blood degree shall be made by the Council following such hearing, directing the enrollment staff to make such change subject to the appeals procedure set forth in this ordinance.

(j) PUBLICATION. An updated tribal roll shall be compiled in March of every year by the 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.