Nottawaseppi Huron Band of the Potawatomi, MI Article VII Disenrollment

§ 2.1-20 Grounds for disenrollment.

A tribal member shall be subject to disenrollment if it is determined that he/she:

A. Is currently enrolled with another Indian tribe, band or group, whether federally recognized by the United States and/or Canada, or not; or

B. Is determined to have been placed on the membership roll as a result of a mistake of fact. For purposes of this section the term "mistake of fact" refers to an enrollment decision that has resulted from a fraudulent or unintentional failure to disclose vital information, or from a submission of fraudulent or incorrect vital records, or errors in genealogical research.

§ 2.1-21 Mistake of fact; procedure.

A. When mistake of fact investigations may not be undertaken. No mistake of fact investigation may be initiated under Subsection B or D of this section if:

(1) The mistake of fact alleged was the subject of a prior mistake of fact investigation under this chapter and was determined to lack merit;

(2) The mistake of fact alleged simply seeks to contest the legal or evidentiary standards applied to the enrollment decision in question.

B. Process for initiating mistake of fact investigations. Consistent with the limitations described in Subsection A, a mistake of fact investigation may be initiated as follows:

(1) The Enrollment Office or Enrollment Committee may initiate a mistake of fact investigation on its own if reliable information is presented that any individual currently on the membership roll was previously enrolled based upon a mistake of fact; or

(2) Any tribal member who alleges that any individual currently on the membership roll was enrolled based upon a mistake of fact must put those allegations in writing on a form provided by the Enrollment Office. The individual alleging a mistake of fact shall present the following to the Enrollment Office:

(a) Identify the specific individual whose enrollment is believed to be erroneous;

(b) Describe with specificity the nature of the mistake of fact alleged;

(c) Attach or reference any documentary evidence supporting the allegations; and

(d) Attest to his/her good faith belief in the truth of the allegations, and if found to be fraudulent or lacking good faith, this will be grounds for assessing the costs of any resulting investigation against him/her and that it is a criminal offense under tribal law to present false or fraudulent information for enrollment purposes.

C. Burden of proof. Any enrollment file that is the subject of a mistake of fact investigation shall be investigated with the burden of proof placed on the Enrollment Office or person alleging a mistake of fact. The following evidentiary guidelines shall be followed:

(1) Presumption regarding original documents. Each document in a file shall be presumed to be either an original, or a copy of an original document. Errors on documents in a file must be clear and convincing in order to require resubmission or verification of accuracy.

(2) Application of then existing rules. Evidentiary standards prescribed in any laws or resolutions adopted by the Tribal Council that were in place at the time the member in question was approved for enrollment must be applied.

D. Enrollment Office investigation. If the Committee recommends an investigation, the Enrollment Office shall complete the investigation within sixty (60) days after referral by the Committee. The Enrollment Office shall, as a part of any investigation, afford the affected member with an opportunity to respond to the alleged mistake of fact by providing a written explanation and/or documentary evidence.

§ 2.1-22 Procedure for disenrollment.

A. Upon receiving notice that:

(1) A current member is enrolled with another federally recognized Indian tribe; or

(2) Was enrolled based upon a mistake of fact, as indicated by the investigation report referred to in § 2.1-21B, the Tribal Enrollment Office shall forward its findings and recommendations to the Enrollment Committee.

B. The Enrollment Committee shall direct the Enrollment Office to take the following steps:

(1) Provide written notice to the affected member, or the affected member's parent or guardian, and inform such person of the fact he/she has been referred for disenrollment, provide a copy of the investigation report prepared by the Enrollment Office describing the specific findings or grounds supporting his/her disenrollment and provide notice that he/she may request an opportunity to present arguments and evidence to the Enrollment Committee as to why he/she should not be disenrolled;

(2) The notice required under Subsection B(1) shall be mailed to such person's last known address by registered mail, return receipt requested, at least sixty (60) days prior to the date on which the Enrollment Committee intends to meet to determine if a proposed certificate of disenrollment should be submitted to the Tribal Council;

(3) If the notice to disenroll the member has not been acknowledged as received within thirty (30) days after the notice has been sent to the person's last known address, registered mail, return receipt requested, the Tribal Enrollment Office shall post a legal notice of the intent to disenroll in the Tribe's newsletter for at least two (2) consecutive months.

C. Proceedings before the Enrollment Committee. The hearing before the Enrollment Committee shall be conducted in a closed proceeding.

D. If the Enrollment Committee determines that the evidence supports the disenrollment of the individual, the Enrollment Committee's recommendation shall be forwarded to the Tribal Council for consideration at its next regularly scheduled monthly meeting. The transmittal to the Tribal Council shall include a proposed certificate of disenrollment.

E. Upon entering the certification of disenrollment, the Enrollment Office shall provide the affected person(s), or such person(s)'s parent or guardian, notice of the Enrollment Committee's action and inform such person(s) of his right to appeal the disenrollment to the Tribal Court pursuant to Article IX of this chapter.

F. A tribal member who is disenrolled because it has been verified that such person has, subsequent to his/her enrollment with the Nottawaseppi Huron Band, applied for and become an enrolled member of another federally recognized Indian tribe, band or group, that person shall be banned from reapplying for membership for a period of ten (10) years.