[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 8-16-1979 by Ord. No. 79-15; amended in its entirety
10-15-2009. Subsequent amendments noted where applicable.]
The Enrollment Committee (hereinafter referred to as "Committee")
is established and exists by virtue of Article II, Section 3, of the
Menominee Tribal Constitution and shall have the following constitutional
powers:
A.
Authority and duty to maintain roll, report to Tribal Legislature,
investigate suspected errors and recommend changes in roll. The Committee
shall have the authority and duty to maintain a current and accurate
official tribal membership roll in accordance with the provisions
of Article II of the Tribal Constitution. The Committee shall report
at least four times a year to the Tribal Legislature as to the current
status of the roll. The Committee shall have the authority to investigate
suspected errors in the roll, and where it deems appropriate in view
of the evidence, shall recommend changes in the roll to the Tribal
Legislature.
B.
Recommend removal from the roll. The Committee shall make recommendations
to the Tribal Legislature as to any of its findings that an individual
lacks a required membership qualification. Upon receipt of such information
and a finding by the Legislature that the person in question lacks
a required membership qualification, proceedings shall be instituted
against such person in Tribal Court to remove the person from the
membership roll.
As used in this chapter, the following terms shall have the
meanings indicated:
Include birth certificates, paternity records, adoption records,
any other court records sealed or not available to the public, and
any records containing an individual's social security number,
whether stored electronically or in a paper-based retrieval system.
The official tribal membership roll which contains, for each
person included thereon, a roll number, total degree of Menominee
blood, and in the remarks column, the name and relationship of the
ancestor(s) through whom eligibility was established. Only persons
who meet the following criteria, as set forth by Article II of the
Tribal Constitution, shall be placed on the official tribal membership
roll:
Those persons of one-quarter-degree Menominee Indian blood whose
names appear on the tribal roll compiled pursuant to Subsection 4(c)
of the Menominee Restoration Act (87 Stat. 771[1]);
Those persons who possess at least one-quarter-degree Menominee
Indian blood, and who are descendants of persons enrolled on the tribal
membership roll compiled pursuant to Subsection 4(c) of the Menominee
Restoration Act (87 Stat. 771).
Judicial-like in nature; as if done by a court of law, person
exercising judge-like powers, including examining evidence on oath
before making a decision affecting rights, powers or interests.
[1]
Editor's Note: See 25 U.S.C. § 903 et seq.
The Committee shall have the authority and duty to maintain
a current and accurate official tribal membership roll. Once each
year the Committee shall have prepared a full and updated printout
of the official membership roll. The official roll shall contain,
for each person included thereon, a roll number, total degree of Menominee
blood, and in the remarks column, the name and relationship of the
ancestor(s) through whom eligibility was established.
The Committee shall also have prepared once each year a current
and updated abstract of the official tribal roll. The abstract shall
only include the official tribal number, name, date of birth, and
degree of Menominee blood.
The abstract of the tribal roll shall be available for inspection
and copying by all tribal members for a fee. The official roll shall
not be available for inspection in whole or in part except upon good
cause shown to the Enrollment Committee, provided that each enrolled
member shall be entitled to all information listed beside his/her
own name in the official tribal roll. Copies of the official roll
may be used for all purposes specified under federal or tribal law.
The Enrollment Department and Committee shall take all necessary precautions
and develop a procedure to ensure that confidential records are protected.
Under no circumstance shall a departmental file or record be removed
from the Enrollment Department.
Pursuant to Article II, Section 3(b), of the Tribal Constitution,
the Enrollment Committee shall report to the Tribal Legislature at
least four times a year as to the current status of the roll and as
to its efforts in preparing the roll. This report shall include the
total number of enrolled members on the official roll and the total
number of descendants on the descendant register. The Tribal Legislature
may also request status reports at any time from the Enrollment Committee
upon motion duly approved by majority vote.
The Committee is authorized to conduct an investigation into
the accuracy of the enrollment records upon receipt of any information
that would cause the Committee to be reasonably suspicious that an
error in the roll exists. The Committee shall conduct an investigation
that conforms with the hearing rules/procedures prescribed within
this chapter.
Any application for enrollment may be submitted by the individual
applicant. With respect to minors, mental incompetents or other persons
in need of assistance, applications may be submitted by the individual
applicant's parent, next of kin, recognized guardian, or other
person responsible for the care of the individual. In the case of
a minor child, all Menominee parents shall be notified of the application,
except in the case of adopted children where those adoption records
are held confidential.
Applications for enrollment shall be submitted, in writing,
to the Enrollment Committee. Applications for enrollment shall include
sufficient detail to show that the applicant is entitled to enrollment
pursuant to the standards of Article II, Section 1, of the Tribal
Constitution. If the application contains insufficient information
to determine whether the person is entitled to enrollment, the Enrollment
Committee may request that additional information be provided. The
burden of proof for establishment of eligibility for enrollment is
on the applicant. All applicants for enrollment shall pay a reasonable
fee set by the Enrollment Committee as an administrative processing
fee.
The Enrollment Committee shall provide a standard form to be
completed by applicants for enrollment. All applicants shall use the
prescribed form to apply for enrollment.
No person otherwise entitled to enrollment shall be denied enrollment
in the Menominee Indian Tribe solely on the grounds of an out-of-wedlock
birth. In order to ascertain the eligibility of a child born out of
wedlock for enrollment, the paternity of the child may be established
by paternity proceedings in any competent court of general jurisdiction
and/or by DNA testing of those claiming to be the biologic parents
of the person seeking enrollment. The Committee shall require DNA
testing when a court has established paternity of a child against
a father by a default appearance of the father, or in cases where
the biological relationship between the father and child could be
reasonably questioned. If an application for enrollment is made for
a child born out of wedlock, the Committee shall make a reasonable
effort to notify the enrolled Menominee parent of the application.
If an application is denied, the applicant may appear before
the Committee for a hearing to present new and/or additional evidence.
At such hearing, the applicant shall be entitled to present all evidence
regarding his/her right to enrollment, and the Committee shall have
the right to ask questions of the applicant regarding the application.
The Committee shall advise each applicant, in writing, of the
disposition of his/her enrollment application. The Committee shall
not deny an application for enrollment without providing the applicant
with a written explanation of why enrollment was denied.
A.
The Committee shall also advise each unsuccessful applicant of his/her right to appeal within 30 days to the Tribal Court as provided for in § 69-16 of this chapter.
B.
The Committee shall advise the successful applicant, in writing,
as to its decision to recommend the addition of his/her name to the
official tribal roll.
C.
A copy of all documents entered into the record along with a finding
of facts and decision shall become part of a permanent file with the
enrollment office. If the successful applicant entered original records
and wishes to have them returned, the enrollment office shall make
copies and return the original records, noting in the file that the
original records were returned.
The Committee shall have authority to correct errors in the
tribal roll regarding the Menominee blood quantum of enrolled members.
Enrolled tribal members may file an application, on a prescribed form,
with the Committee requesting a change in the recordation of their
Menominee blood degree on the tribal roll. Applicants for a change
in recordation of blood degree shall be entitled to a hearing before
the Committee prior to disposition of their application. The Committee
shall inform each applicant, in writing, of the disposition of his/her
application. In the event that the Committee denies the application,
it shall inform the applicant, in writing, of the reasons for the
denial, and it shall inform the applicant of his/her right to appeal
to the Tribal Court as provided for in this chapter.
A.
Tribal Enrollment Committee to provide application form; information
to be included. The Committee shall provide a standard form for applicants
to use to change the recordation of Menominee blood quantum. The application
form shall contain, at a minimum, all personal identifying information
of the applicant necessary for the Committee to fairly and accurately
identify the applicant for purposes of the action, along with clear
reasons why the applicant believes that the blood quantum assessed
to him/her is in error. The application shall require the applicant
to swear that the information contained in the application is true
and correct to the applicant's best knowledge and that false
statements may be punishable under the law.
B.
The applicant requesting blood quantum change to include certified
copies. The applicant must include, along with the completed form,
original or certified copies of all documents relied upon for the
change in blood quantum.
C.
Grounds for blood quantum change. The Committee shall allow a change
in blood quantum only for the following reasons:
(1)
Errors in recording information from past official, historical or
otherwise compelling documents;
(2)
Errors in recording information into the official enrollment records
of the Menominee Indian Tribe;
(3)
Evidence in official, historical or otherwise compelling documents
that show clearly and convincingly that a blood quantum change is
necessary;
(4)
New evidence regarding family history based upon DNA evidence or
other credible and compelling scientific evidence; and
(5)
Other credible and compelling evidence which would prove by clear
and convincing evidence that a blood quantum change was necessary.
D.
Standard of proof; burden of proof. The applicant has the burden
to show by clear and convincing evidence that an error was made in
the official membership roll and that a blood change is warranted.
The Committee may only decide to make a favorable recommendation to
change an error in the official roll if it is convinced by clear and
convincing evidence that such a change is warranted.
A.
Powers of the Committee to conduct an investigation. The Committee
shall have the following powers in conducting their investigations:
(1)
The authority and power to subpoena witnesses;
(2)
The authority and power to subpoena documents;
(3)
The authority and power to compel testimony of witnesses;
(4)
The authority and power to administer oaths;
(5)
The power and authority to enforce its powers through a finding of
contempt; and
(6)
Other powers that are reasonable, necessary and typical of such an
investigative committee carrying out its constitutional mandates.
B.
Notice of investigation and/or hearing. The Committee shall give
notice of an investigation and/or hearing to persons whom the Committee
believes have a bona fide interest in such investigation and/or hearing.
The notice shall inform persons as to the general nature of the investigation
and/or hearing, and advise them as to the manner and time in which
comments or evidence may be presented to the Committee.
C.
Investigative hearing; procedures. The Chairperson of the Committee
shall preside over and conduct the formal investigative hearing, which
shall be quasi-judicial in nature. The hearing may be held in executive
session when the need to maintain confidentiality of the proceedings
outweighs the interest of the public in attending such a hearing.
The Chairperson shall have the power and authority to call witnesses,
compel testimony, administer oaths and make determinations on the
receipt of documents and other evidence. The Chairperson shall conduct
the order of the meeting and shall give reasonable opportunity to
the Committee members to question witnesses and for interested parties
to be reasonably heard. The Committee may seek the assistance of the
Legal Services Department in the presentation of the evidence. If
the Legal Services Department is requested to present evidence, it
shall not be allowed to take part in Committee deliberations or in
drafting documents regarding findings or decisions of the Committee.
D.
Administration of oath. All witnesses shall be sworn to tell the
truth under penalty of perjury prior to testifying. The Committee
Chairperson shall have the authority to administer oaths to witnesses
and shall administer said oaths by having all witnesses raise their
right hands and state the following question to them: "Do you swear
or affirm to tell the truth, the whole truth, and nothing but the
truth?" The Committee Chair may elect to have the witness swear to
tell the truth under penalty of perjury by signing a form that affirms
the same, in substitution of or in addition to an orally administered
oath.
E.
Rules of evidence. The Committee shall not have to follow formal
rules of evidence as adopted by the Menominee Tribal Courts, but may
accept any credible and reliable evidence offered by any witness or
party to the hearing. The Committee shall not render any decision
based upon uncorroborated hearsay, unauthenticated documents, or other
suspect and/or unreliable evidence.
F.
Admission of documents into evidence. The Committee shall not accept
into evidence and shall not render a decision based on any document(s)
unless that document(s) is/are originals or is/are certified copies.
Copies, if they are to be admitted into evidence or relied upon, must
be certified to be authentic by the individual who is in charge of
the original document. In the case where there is justifiable doubt
as to the authenticity of a certified copy, the Committee may recess
the hearing for a period not to exceed 15 days and request to view
the original version of the document held by the custodian of the
document.
G.
Hearing procedure; findings of fact. The Committee shall conduct
a hearing that conforms with the hearing rules/procedures prescribed
within this chapter. At the conclusion of the hearing, the Committee
Chairperson will render a written decision within 20 days as to the
Committee's determination. The written decision shall include
a detailed finding and conclusions. A copy of the written decision
shall be delivered to the applicant, any members whose blood quantum
or enrollment was affected, and to the Tribal Legislature. The written
decision shall include the following statement: "This decision shall
have the legal effect of being a recommendation to the Tribal Legislature
to correct the membership roll pursuant to Menominee Tribal Constitution,
Article II, Section 3, Paragraph (b)."
H.
Investigation to become part of file. A copy of all documents entered
into the record, along with a finding of facts and decision, shall
become part of the permanent file with the Enrollment Office.
Any person denied enrollment by the Tribal Enrollment Committee
shall have the right to appeal such decision to the Tribal Court of
the Tribal Judiciary within 30 days from the date of the denial. Decisions
of the Tribal Court may be appealed to the Supreme Court. Any person
denied a change in recordation of Menominee blood degree by the Committee
may appeal such decision to the Tribal Court and to the Supreme Court
in like manner. This provision shall implement Article II, Section
4, of the Tribal Constitution.
The provisions of Article II, Section 5, of the Tribal Constitution
shall govern the removal of an individual from the membership roll
by the Tribal Legislature.
A.
Relationship of relinquished person to Tribe. Any person who relinquishes
his/her membership in the Menominee Indian Tribe forfeits all rights
and benefits he/she is entitled to by virtue of his/her membership
in the Menominee Indian Tribe at the time of the final court order
of relinquishment.
B.
Status as descendant. No person who has relinquished his/her membership
in the Menominee Indian Tribe shall be considered or recognized as
a descendant of the Menominee Indian Tribe for any purpose.
C.
Blood quantum. Any descendant of a person who has relinquished membership
in the Menominee Indian Tribe may include in the calculation of his/her
blood quantum, for the purposes of enrollment and status as a descendant,
the amount of Menominee blood received from said relinquished person.
D.
Structures on leased land.
(1)
Relinquishment of membership in the Menominee Indian Tribe automatically
terminates any lease or permit to use tribal trust land.
(2)
In the event there are personal property structures owned by the
relinquished member situated on such terminated leased/permitted tribal
land, a person shall have a period of one year from the time of relinquishment
to dispose of such personal property. Failure to dispose of such personal
property shall result in reversion of this property to the Tribe.
(3)
Regardless of the continued ownership of the personal property structures
referred to above, the person who has relinquished tribal membership
shall have no right to maintain residency, habitation, or right to
be domiciled in these aforementioned structures upon final court order
of relinquishment.
E.
Prior actions void. Any transfers of residential, recreational, or
other types of tribal land leases or permits made after passage of
this chapter and within 10 years of a relinquishment action by a tribal
member shall be null and void when a final court order of relinquishment
has been signed by the Tribal Court.
F.
Voluntary relinquishment. Members of the Menominee Indian Tribe desiring
to voluntarily relinquish their membership in the Tribe, except for
minors and mental incompetents, shall file a written petition to that
effect before the Chief Justice, or any Justice or Judge. He/She shall
provide the member with a hearing and shall explain to the member
orally and in writing the consequences of voluntary relinquishment
of membership. If the person still desires to relinquish his/her membership,
he/she shall sign a statement to that effect prepared by the Tribal
Judiciary; the statement shall also be signed by the presiding Tribal
Judge and shall have the effect of an order of the Tribal Court. The
statement shall clearly state that the person voluntarily relinquishing
his/her membership shall not again be eligible to enroll as a member
of the Tribe or be placed on the Menominee descendant register. This
provision shall implement Article II, Section 6, of the Tribal Constitution.
G.
Publication. The Tribal Enrollment Department shall publish or cause
to be published a complete list of the names of relinquished members
on a periodic basis, not less than four times a year, in a newspaper
of general circulation.
A.
It shall be a violation of this chapter for any individual to knowingly
be enrolled in the Menominee Indian Tribe and another tribe simultaneously.
No individual shall become voluntarily enrolled in another tribe while
enrolled in the Menominee Indian Tribe, and no individual shall voluntarily
enroll in the Menominee Indian Tribe while enrolled in another tribe.
B.
No individual shall knowingly submit false documents pursuant to
this chapter or knowingly make false statements to the Committee while
under oath.
C.
The following penalties may be recommended to be assessed under this
section:
(1)
Dual membership; penalty. The Committee may assess the following
penalties for a violation of the prohibition of dual membership:
(2)
False submission of documents; false swearing. The Committee shall
refer all cases of falsification of documents and false swearing to
the Menominee Tribal Prosecutor for prosecution.
(3)
Waiting period to reapply from a denial of enrollment or change in
blood quantum. An applicant may not reapply for enrollment or a change
in the blood quantum under this chapter for a period of five years,
unless the applicant can show new and compelling evidence that enrollment
or blood change is warranted. The Committee may summarily dismiss
any application that fails to supply new and compelling evidence as
described above.
This chapter shall repeal Ordinance No. 02-39, "Relinquishment."
