This chapter of the Chehalis Tribal Code shall be referred to as the Confederated Tribes of the Chehalis Reservation Membership Ordinance.
(Prior code § 1.1.1.010; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-104)
The purpose of this chapter is to provide for the development and maintenance of the membership roll of the Confederated Tribes of the Chehalis Reservation. Authority for this action is vested in the Business Committee by Article V of the Constitution and Bylaws for the Confederated Tribes of the Chehalis Reservation, approved July 11, 1973.
(Prior code § 1.1.1.020; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
The following terms and phrases, when used in this chapter, shall have the meaning ascribed to them:
means one whose biological parents' parental rights have been terminated by a court and given to another.
means the legal action whereby parental rights of biological parents are terminated by court order and assigned to another.
means a person who has submitted an application for membership in the Tribe prior to final action on the application.
means those individuals from whom all persons applying for membership must prove lineal descent. For this Tribe, the base enrollees are those persons of Indian blood whose names appear upon the official census roll of the Reservation as of January 1, 1939, and all persons who were original allottees of land within the boundaries of the Chehalis Reservation as established by the Executive Order of July 8, 1864, and their lineal descendants who are living on the date of the adoption of this Constitution and Bylaws.
for all purposes related to this chapter, and in any interpretation of any document pertaining to this chapter, including, without limitation, the Chehalis Tribe Constitution and Bylaws, shall have the same meaning as "minor" as set forth below.
means biological descent where lineage can be traced from parent to child in each generation.
means an official act by the Tribe to deprive a member of the right to Tribal membership.
means the supply of legal evidence to support a statement of fact. No enrollment action shall be taken without documentation to support the decision.
means the form used to show the line of descent of an applicant from a base enrollee.
means persons who have been legally determined to be unable to take effective actions on their own behalf.
means an individual who has met the membership criteria of an Indian tribe and is officially enrolled with that tribe.
means a person under the age of 18 years.
means a document attested before or authenticated by a public officer (a notary) who witnesses the signature and certifies that the signature is authentic.
means a personal, voluntary action taken by a Tribal member or an individual legally authorized to act on the member's behalf to terminate the member's relationship with the Tribe.
means a person or legal guardian who has the legal authority to take enrollment actions on behalf of another person because of age or incompetence.
(Prior code § 1.1.2.010; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
Article III of the Constitution of the Confederated Tribes of the Chehalis Reservation provides:
Section 1. The membership of the Confederated Tribes of the Chehalis Reservation shall consist of the following: |
(a) All persons of Indian blood whose names appear upon the official census roll of the reservation as of January 1, 1939, and all persons who were original allottees of land within the boundaries of the Chehalis Indian Reservation as established by the Executive Order of July 8, 1864, and their lineal descendants who are living on the date of the adoption of this constitution and bylaws (7-11-1973); |
(b) All children born after the approval of this constitution to any member of the Confederated Tribes of the Chehalis Reservation who possess one-fourth (1/4) degree of Indian blood or more (7-11-1973). |
Section 2. No person shall be enrolled if they are members of any other recognized tribe, band, or Indian community. |
Section 3. Corrections may be made in the Tribal membership roll by the Community Council, subject to the approval of the Commissioner of Indian Affairs. |
Section 4. The Community Council may pass ordinances governing the adoption of members which shall be subject to the approval of the Commissioner of Indian Affairs. |
(Prior code § 1.1.3.010; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-104)
A.
Who May File? Any person not listed on the 1939 census roll and who is a minor may file an enrollment application sponsored by his or her Chehalis Tribal member parent(s), Chehalis Tribal member grandparent(s), or legal guardian(s) (who may or may not be a Chehalis Tribal member). A separate application must be filed on behalf of each minor individual seeking enrollment. If it is discovered that any person on the current Tribal roll, who is not a base enrollee, did not file an application and submit documentation before being placed on the Tribal roll, that person may be requested to provide such an application and documentation or face disenrollment proceedings. Base enrollees are members pursuant to the Constitution and are not required to provide applications and documentation.
B.
When and Where to File an Application. All enrollment applications must be filed with the Enrollment Clerk of the Tribe. Application forms may be obtained by written request from the Enrollment Clerk, P.O. Box 536, Oakville, WA 98568, telephone (360) 273-5911. The deadline for filing enrollment applications for membership purposes is September 30th of each year. A self-addressed envelope will accompany each application; on the envelope after the address will be "Attn: Enrollment CONFIDENTIAL."
C.
What the Application Must Contain. Each enrollment application must be completed in its entirety and must contain sufficient personal information to properly determine the applicant's eligibility for enrollment. The enrollment application shall show the following:
1.
All names by which the applicant is or has been known;
2.
The mailing address of the applicant;
3.
The applicant's telephone number;
4.
Date of applicant's birth;
5.
Applicant's social security number;
6.
The name of any tribe(s) other than the Confederated Tribes of the Chehalis Reservation from which the applicant is descended;
7.
The name of the base enrollee through whom the applicant is claiming eligibility for membership;
8.
The requirement of a "yes" or a "no" answer to the question: "Is the applicant an enrolled member of another tribe, band or Indian community?";
9.
The requirement of a "yes" or "no" answer to the questions: "Is the applicant adopted? Were any of your Confederated Bands of the Chehalis Reservation ancestors adopted?";
10.
Certification that the information given in the application is true and accurate as known by the applicant or sponsor;
11.
A statement reminding the applicant or sponsor that it is a criminal offense under Tribal law to present false or untrue information for enrollment purposes;
12.
A release form under the Privacy Act;
13.
Signature of the minor applicant's sponsor (with relationship to applicant furnished), along with a certification that any nonsigning parent is not a member of another Tribe;
14.
Date the application was signed.
D.
Documentation to Accompany All Applications. Since the burden of proof is on the applicant, the application must be accompanied by the following documentation:
1.
Family tree chart;
2.
Applicant's original State-issued certified birth certificate;
3.
A marriage license, if applicable;
4.
If the applicant's enrollment is based solely on descent from a Chehalis Tribal member father, the application must also be accompanied by a DNA or genetic marker test of the blood of the Chehalis Tribal member putative biological father, obtained through the Chehalis Tribal Health Clinic, prearranged by the Enrollment Committee and the Clinic Director. The results will be delivered to the Enrollment Committee Chairperson and will be placed in a confidential file. The test must show that the probability that a specific Tribal member is the biological father of the applicant is at least 97 percent, or the applicant shall not be eligible for enrollment;
5.
Documentation proving the direct descent of the enrollment applicant from a base enrollee if neither the applicant's father nor mother is an enrolled member of the Tribe (relates to Chehalis Tribal Constitution Article III, Section l(a));
6.
An absolute relinquishment of membership in any other recognized tribe, band, or Indian community. The relinquishment must be on the form provided for by the Chehalis Tribe.
E.
Additional Documentation to Accompany Application of Applicant Who Is Legally Adopted. In addition to those items identified in subsection D of this section, an applicant who has been adopted must also submit documentation proving that a biological parent met Article III, Section 1(a) or (b) of the Confederated Tribes of the Chehalis Reservation Constitution approved July 11, 1973. Usually this documentation will consist of a certified copy of the adoption decree together with a certified copy of the original birth certificate filed with the State Vital Records Office. However, in the event the adoption was under the Indian Child Welfare Act of 1978 (P.L. 95-608), a certification from the Secretary of the Interior or his/her authorized representative shall be conclusive evidence of the relationship to the biological parent(s).
(Prior code § 1.1.4.010; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2004-59; Res. 2011-020; Res. 2016-17; Res. 2016-104)
A.
By the Tribal Enrollment Clerk. The Business Committee shall designate a Tribal employee to serve as the Tribal Enrollment Clerk. All applications shall be received or routed to this Clerk who shall take the following actions:
1.
Deny an application to any person who is not a sponsored minor applicant, as set forth above.
2.
Maintain an official pre-numbered log or journal of all numbered blank applications that will reflect the date the application was furnished to an applicant, the name of the applicant, when the application was returned and the name of the applicant.
3.
Stamp the application form and all enclosures with the date on which they were received and acknowledge receipt of them (original will be maintained at the Tribal Center).
4.
Make a folder for the application and supporting documents.
5.
Make sure the application is complete. A copy will be made of an incomplete application and the original will be sent back to the applicant to be completed. The date the incomplete application was returned to the applicant will be noted. The copy will be retained in the applicant's folder for 90 days awaiting the missing information. If the incomplete information or documentation is not received within the 90 days, the application will be rejected, removed from the files, and destroyed. The applicant may later reapply, but must still meet all requirements at the time of such reapplication, including the requirement that the applicant be a minor at the time of such reapplication.
6.
Compute the applicant's degree of Indian blood of the Chehalis Tribe.
7.
Check annually with any other tribes, bands or Indian communities, and the Bureau of Indian Affairs Agency from which the applicant is descended to verify whether or not the applicant is a member of any of those groups. Obtain a certificate of Indian blood degree from any other tribe the applicant may be descended from if that blood is going to be computed and included on the Tribal membership roll.
8.
Make ready each completed application, along with proper documentation, for review by the Enrollment Committee within 30 days of receipt.
9.
Assist the applicant as much as possible in determining ways that might help in establishing eligibility.
10.
Official enrollment records are never to leave the Tribal Center. The Enrollment Committee will examine the official book and cross check with the official computer list on an annual basis.
B.
By the Enrollment Committee.
1.
Examine each application with its supporting documents within 90 days of its receipt.
2.
Determine whether additional information, documents or research are required. If so, direct the Enrollment Clerk to prepare appropriate correspondence requesting information or documents or assign responsibility for needed research.
3.
Recommend for membership the applicants who have proven they fulfill the membership requirements as shown in the Constitution and this chapter.
4.
Enrollment Committee will meet, at a minimum quarterly, with the Enrollment Clerk to review any and all applications and relinquishments, with an annual review deadline of September 30th.
5.
Official enrollment records are never to leave the Tribal Center.
C.
By the Business Committee.
1.
Adopt resolutions approving eligible applicants and directing the Enrollment Clerk to close the file of ineligible applicants, other than to provide the notification set forth in this section, and to re-open the file only in the event of an eligible appeal as set forth below.
2.
Direct the Enrollment Clerk to notify the accepted applicants of their acceptance into membership.
(Prior code § 1.1.4.020; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
There are two ways in which membership in the Tribe may be lost. One is voluntary and is called relinquishment. The other is involuntary and is called disenrollment, which will result in removing the disenrolled person's name from the membership roll in 10 days.
A.
Relinquishment.
1.
By an Adult Member. Any member of the Confederated Tribes of the Chehalis Reservation may voluntarily relinquish his/her membership. Such relinquishment must be in writing and on the Tribal relinquishment form, and the member's signature must be notarized. No formal action by any Tribal body is required for the relinquishment to become effective. The Enrollment Clerk shall note the date of the relinquishment (and the tribe which the member has joined if that is the case) on the Tribal roll, notify the Business Committee of the action, file the relinquishment form in the former member's folder and move the folder into the drawer designated for former members. This relinquishment will be absolute and the member will not be eligible to become a member with the Chehalis Tribe after his/her relinquishment. Any children born to a person after that person has relinquished their Chehalis Tribal membership shall not meet membership criteria under Chehalis Tribal Constitution Article III, Section 1(b).
2.
By a Minor Member. In the event a person who was relinquished by their adult parents, grandparents or guardians wishes to apply for membership, the person may apply for membership as if they were a new applicant provided they were born prior to their relinquishment by their adult parents, grandparents or guardians. Any such person must meet the membership requirements in place at the time they apply for membership, including minor status.
B.
Disenrollment. The burden of proof in disenrollment actions rests with the Tribe.
1.
Who May Be Disenrolled. A Tribal member shall be disenrolled when it is discovered that he/she:
a.
Was erroneously enrolled in that he/she did not submit adequate documentation proving he/she met the constitutional membership criteria at the time of enrollment. This "erroneous enrollment" may have resulted from fraudulent submissions, mistakes in blood degree computations, or inadequate research.
b.
Is found to be currently enrolled with another Indian tribe, band or community and does not relinquish the membership in the other tribe within 30 days of receipt of a certified letter, addressee only, from the Business Committee informing him/her of the necessity to submit the required relinquishment. Failure to sign for the certified letter may require a personal service delivery from a designated source such as a Tribal law enforcement officer. If that process fails to notify the dual enrollee, the issue will be referred to the Chehalis Business Committee for action.
2.
Procedures for Disenrollment. A member identified as subject to disenrollment pursuant to subsection (B)(1) of this section shall be notified by certified mail, return receipt requested, addressee only, of the intent to disenroll. Included in the notice shall be the date set for a hearing before the Chehalis Business Committee to consider the matter. Following the hearing, whether or not the affected member makes any appearance or response, the Chehalis Business Committee shall determine if the member is to be disenrolled. Such decision shall be documented in a resolution referring the matter to the General Council for Tribal roll "correction" pursuant to Article III, Section 3 of the Chehalis Tribal Constitution. The disenrolled member shall be notified of the action taken by certified mail, return receipt requested, addressee only. Such notice shall include the appeal rights outlined in CTC § 2.05.080 through § 2.05.115.
(Prior code § 1.1.5.010; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
The following persons shall be eligible to file an appeal:
A.
Any applicant who has been rejected for membership who was a minor at the time of their initial enrollment application; or
B.
Any person who has been disenrolled.
(Prior code § 1.1.6.010; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-104)
Each notice of rejection or disenrollment shall provide that an appeal must be received within 30 days of the receipt of the notice in order to be considered. The date stamped on the receipt of the certified letter shall be considered the beginning of that 30-day period.
(Prior code § 1.1.6.020; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-104)
The notice of appeal must be filed with the Enrollment Clerk. The date the appeal is received in the Enrollment Clerk's office shall be considered its date of receipt. An appeal must be in writing and must state the reason or reasons why the appellant believes the rejection or disenrollment was erroneous. No appeal may be filed by any form of electronic communication. Failure to file an appeal within 30 calendar days shall waive any right to an appeal.
(Prior code § 1.1.6.030; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
A.
Appeals of rejection and disenrollment shall be heard and decided by the Chehalis Business Committee. Upon receipt of an appeal, the Enrollment Clerk shall prepare the appellant's file from the enrollment office for review. The Enrollment Clerk shall set a date not less than 20 days and not more than 60 days from the date of mailing of the notice for a hearing on the appeal, which date may be extended as necessary due to unavailability of the Chehalis Business Committee.
B.
The Enrollment Clerk shall notify the appellant of the hearing by certified mail. This notice shall outline clearly again the basis for the rejection of the appellant's application or the basis for the appellant's disenrollment and shall inform the appellant of his/her right to be heard in person or by representation at the appellant's expense. This notice shall also inform the appellant that new evidence may be presented for consideration and that any new evidence not already submitted with his or her application must be submitted to the Enrollment Clerk at least five days before the hearing date.
(Prior code § 1.1.6.040; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-104)
A.
Quorum and Recusal for Hearings.
1.
Quorum. No fewer than four members of the Chehalis Business Committee shall be required to hold an appeal hearing. If it is not possible to convene a quorum to conduct a specific hearing for reason of recusal as set forth below, the members of the Chehalis Business Committee not subject to recusal in the particular case may appoint a former member of the Business Committee (who would not otherwise be subject to recusal as set forth below), to serve as a proxy solely for the purpose of holding the relevant hearing. Such proxy appointments shall terminate upon completion of the specific hearing for which the appointment was made. The date of hearing may be extended as necessary to accomplish temporary appointments where necessary to ensure a quorum.
2.
Recusal. Any Chehalis Business Committee member who is related to the appellant in any appeal as a spouse, parent or step-parent, grandparent, child or step-child, grandchild, sibling or step-sibling, aunt or uncle, first cousin, niece or nephew, and any Chehalis Business Committee member who resides with the appellant, shall be recused from the hearing on that appeal. For the purposes of this subsection, recusal will be required whether the relationship exists through a natural birth or through adoption.
B.
Conduct of Hearings.
1.
The Chairman of the Chehalis Business Committee shall preside over a hearing on an appeal and shall have the authority to conduct the hearing, to maintain order, and to exclude evidence (oral or written) that is unduly repetitious or plainly irrelevant to the request.
2.
The Chehalis Business Committee has the right to exclude persons from the hearing, and to take other measures to ensure that the hearing is conducted in a confidential, safe and respectful environment.
3.
All records provided or created during the appeal process shall be collected by the Enrollment Clerk at the conclusion of the hearing and shall be maintained in the applicant's file in the enrollment department.
C.
Burden of Proof and Decision on Appeal.
1.
The individual appealing an enrollment or disenrollment decision shall bear the burden of proof on appeal.
2.
The Chehalis Business Committee will consider all information in the application packet and all information submitted by or on behalf of the appellant and the Enrollment Clerk.
3.
Following the hearing, the Chehalis Business Committee shall deliberate in private. The Chehalis Business Committee may request information or advice from the Office of Tribal Attorney on matters of law. The Chehalis Business Committee shall determine whether the appellant's rejection or disenrollment was erroneous. In reaching a decision, each member of the Chehalis Business Committee will abide by the Constitution and this chapter and will make decisions fairly, consistently and without bias, but in no event shall an applicant be enrolled in the Tribe who was not a minor at the time of their original enrollment application.
4.
The rejection or disenrollment shall be upheld unless the Chehalis Business Committee determines that it was erroneous. Decisions of the Chehalis Business Committee shall be made on the basis of a simple majority of the quorum of the Chehalis Business Committee (including any proxy member, as set forth above) hearing the appeal in question.
5.
Following the hearing, whether or not the appellant makes any appearance or response, the Chehalis Business Committee shall document its decision in writing and shall forward its decision to the Enrollment Clerk. The Enrollment Clerk shall notify the appellant of the decision by certified mail within 30 days following the forwarding of the decision of the Chehalis Business Committee to the Enrollment Clerk in the appeal in question, and:
a.
If the Chehalis Business Committee finds that a rejection was erroneous, the Enrollment Clerk shall promptly take further action to process the application in accordance with this chapter. In no case shall enrollment of an applicant be made retroactive, nor shall the Tribe be required to enroll an applicant outside of its regular schedule.
b.
If the Chehalis Business Committee finds that a disenrollment was erroneous, the Enrollment Clerk shall correct his/her records to reflect that the individual has been continuously enrolled since the date of his/her previous enrollment. The appellant shall be entitled to receive any Tribal distributions to which he/she would have been entitled during the period of disenrollment.
c.
If the Chehalis Business Committee finds that a rejection or disenrollment was not erroneous, the Enrollment Clerk shall add the Chehalis Business Committee's decision to the appellant's file and close the file.
6.
In no case shall an appellant be entitled to attorneys' fees, costs, or damages.
(Res. 2016-104)
An individual folder shall be established for each Tribal member and applicant. The folder shall contain the following items:
A.
Application;
B.
Family tree chart;
C.
State issued certified copy of birth certificate;
D.
DNA test results, if applicable;
E.
Correspondence;
F.
All other documentation on the person pertinent to membership in the Tribe;
G.
Death certificate.
(Prior code § 1.1.7.010; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
A.
The Roll. The Tribe's membership roll will be maintained in locked files to protect the privacy issues of each member. Tribal personnel who need information regarding individual members may complete a request form which will be researched by the Enrollment Clerk. The required information may be furnished on a need-to-know basis. The Business Committee shall exercise its discretion in using and/or releasing information from the roll for the benefit of Tribal members or Tribal programs.
B.
The Folders. Information in individual folders shall be considered confidential. It shall not be available to anyone except that individual member (or his/her parent or guardian) and to the Enrollment Clerk, the Enrollment Committee, and the Business Committee when such examination is necessary in considering enrollment decisions.
C.
Special Concern. A legally adopted person's eligibility for enrollment is determined through one or both of the biological parents. Documentary evidence submitted to support an adopted person's application must include relationship to the biological parent through whom eligibility for enrollment is determined. The information concerning adopted persons shall be recorded as confidential and shall not be made available to any other person. This information shall be stored in locked file cabinets and adequate safeguards shall be installed to ensure that the confidentiality of these records shall not be violated.
(Prior code § 1.1.7.020; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
Upon receipt of appropriate documentation, the Enrollment Clerk is authorized to update the information on the Tribal roll. The following documentation is deemed adequate for such actions to be taken:
A.
Name Change. Marriage license or divorce decree or court order changing name.
B.
Address Change. Written statement signed by Tribal member over 18 years of age. Notarized statement or affidavit stating custody of minor with address change.
C.
Death. A certified State-issued death certificate.
Any change for which none of the above documents is available must be authorized in writing by the Business Committee, stating the reason for change without usual documentation. A copy of that written authorization shall be placed in the individual's folder.
(Prior code § 1.1.7.030; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
Pursuant to Article III, Section 1(a) of the Constitution, all Indian blood shown on the official census roll of the Tribe as of January 1, 1939, shall be considered to be blood of the Confederated Tribes of the Chehalis Reservation. The blood degrees shown on that roll shall be used in computing the degree of Confederated Tribes of the Chehalis Reservation blood for applicants for membership in the Tribe. Indian blood derived from persons who were original allottees of the land within the boundaries of the Chehalis Reservation shall also be considered as Tribal blood.
(Prior code § 1.1.8.010; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
Once the degree of Tribal blood has been recorded for a member on the Tribal roll, it shall be changed only when one of the following procedures has been completed:
A.
If the change does not involve a change in 1939 base roll:
1.
Whenever a member requests a change in his/her blood degree, the Enrollment Clerk shall research the request. The Enrollment Clerk is also authorized to initiate other research into the accuracy of blood degrees shown on the Tribal roll as time permits.
2.
If a determination is made that a member's blood degree has been erroneously computed, a resolution shall be prepared for the Business Committee's action documenting the basis for the change and authorizing the Enrollment Clerk to make the change for the member and for all other persons affected by the change.
B.
If the change does involve a change in the 1939 base roll:
1.
Changes in the blood quantum shown on the base roll can be made under Article III, Section 3 by the General Council, subject to the approval of the Commissioner of Indian Affairs.
2.
If a determination is made that a blood quantum shown on the 1939 base roll is incorrect, a resolution shall be prepared for Business Committee action requesting the Bureau of Indian Affairs to approve the change and documenting the basis for the requested change.
3.
When BIA approval is received, the member requesting the change and all other persons affected by the change shall be notified of the change by the Enrollment Clerk. Any person affected by such a blood degree change shall have the right to appeal the change pursuant to CTC § 2.05.080 through § 2.05.115 only if the change results in disenrollment.
(Prior code § 1.1.8.020; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)
Pursuant to Article V, Section 1(i) of the Constitution, this chapter may be amended by the Business Committee at any regularly called meeting at which a quorum is present.
(Prior code § 1.1.9.010; B.C. certification 9/10/2002; Res. dated 5/21/2002; Res. 2011-020; Res. 2016-17; Res. 2016-104)