Enrollment Ordinance of the Ninilchik Tribe
I.
Authority
- This membership ordinance of the Ninilchik Tribe is enacted by the Ninilchik
Traditional Council pursuant to the provisions of Article III, Section 3, of
the Constitution of the Ninilchik Tribe.
II.
Purpose
- The purpose of this membership ordinance is to establish
guidelines, rules and an orderly procedure to maintain a current membership
roll of all persons eligible for membership pursuant to Article III of the
Tribal Constitution. Any prior
enrollment ordinance or rule is hereby repealed.
III.
Definitions
– the
following terms and phrases, when used in this ordinance, shall have the
meaning ascribed to them.
A.
"Adopted child" - one whose
natural parents' parental rights have been terminated by a court and given to
another.
B.
"Adoption" - Either (1) the
legal action whereby parental rights of natural parents are terminated by court
order and assigned to another, or (2) the granting of membership in a tribe by
some special provision to a person who does not meet the basic membership
eligibility criteria. The context will
show clearly which definition is intended.
C.
“Adult” means any person who has
reached the age of 18 years.
D.
"Applicant" - a person who
has submitted an application for membership in the tribe prior to final action
on the application.
E.
“Child/Children” means an adult or minor son
or daughter either by birth or adoption.
F.
"Constitution" or “Tribal
Constitution” - the Constitution of the Ninilchik Tribe as revised on
G.
“Degree of Indian Blood” means the total blood quantum derived
from the tribes, bands or groups recognized by the Federal Government of the
H.
"Direct descent" or
"direct lineal descent" - biological descent where lineage can be
traced from parent to child in each generation.
I.
"Disenrollment" - an official
act by the tribe to deprive a member of the right to tribal membership.
J.
"Documentation" - the supply of
legal evidence to support a statement of fact.
No enrollment action shall be taken without documentation to support the
decision.
K.
"Family tree chart" - the
form used to show the line of descent of an applicant.
L.
“Federally-recognized
Indian Tribe, Band or Group” means those tribes, bands or groups recognized by
the Federal Government of the
M.
"Incompetents" - persons who
have been legally determined to be unable to take effective actions on their
own behalf.
N.
“Limited, non-voting membership” – The
persons who are identified as eligible for membership under the provisions of
Article III, Section 1.c. and 1.d of the Tribal Constitution are entitled to
participate in all social, traditional and cultural events of the tribe. Such persons are not entitled to receive
monetary benefits or services directly or indirectly from any tribal program. The Ninilchik Tribal Council is authorized to
grant limited, non-voting members as a class, not on an individual basis, eligibility
for a tribal program service only by a duly authorized resolution, provided the
regulations governing the operation of that tribal program do not prohibit such
eligibility. Such persons are not
eligible to register to vote in any tribal election. Such persons are also not eligible to share
in any per capita distribution of tribal assets.
O.
"Member" - an individual who
has met the membership criteria of the Tribe and is officially enrolled to the
tribe.
P.
"Minor" - a person under the
age of eighteen years.
Q.
“Native American Child” – any child who
has a Certificate of Degree of Indian Blood or other equivalent document issued
by an agency of the Federal Government of the United States of America.
R.
“NTC” – The Ninilchik Traditional
Council
S.
"Notarized" - a document
attested before or authenticated by a public officer (a notary) who witnesses
the signature and certifies that it is authentic.
T.
"Relinquishment" - 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.
U.
"Resolution" - a formal
statement of a decision by a tribal entity.
V.
"Sponsor" - a parent or legal
guardian who has the legal authority to take enrollment actions on behalf of
another person because of age or incompetence.
W.
"Tribe" – The Ninilchik
Tribe.
X.
Tribal Council – The Ninilchik
Traditional Council, the legislative/executive branch of the Tribe authorized
to make enrollment decisions pursuant to Article III, Section 3, of the
Constitution.
IV.
Eligibility
Criteria - Article III, Section 1 of the
Constitution contains the eligibility criteria for membership as follows:
a.
The following persons are full members of the
Ninilchik Tribe:
(1)
All persons who
are descendants of Alaska Natives or American Indians whose names appear on the
approved membership roll of the Tribe on the date of the adoption of this
constitution,
b.
Subject to such
requirements for membership, voting or other matters as may be specified in
this Constitution or by ordinance consistent with this Constitution, the
following persons are eligible for full membership in the Ninilchik Tribe,
provided they apply for membership and supply required documentation pursuant
to the tribal enrollment ordinance:
(1)
All persons who
are direct, lineal descendants of families with ancestral ties to the
(2)
All other persons
who are of Alaska Native or American Indian descent and who have resided in the territory of the
Ninilchik Tribe for a period of one year.
(3)
The legally
adopted Native American child of an enrolled full member of the Ninilchik
Tribe.
c.
The following
persons are limited, non-voting members of the Ninilchik Tribe:
(1)
All persons who
are not of Alaska Native or American Indian descent whose names appear on the
approved membership roll of the Ninilchik Tribe on the date of adoption of this
constitution. (
d.
The following
persons are eligible for limited, non-voting membership in the Ninilchik Tribe,
provided they apply for membership and supply required documentation pursuant
to the tribal enrollment ordinance:
(1)
All persons who
are not of Alaska Native or American Indian descent who are either:
(a)
married to an
enrolled member of the Ninilchik Tribe or
(b)
the legally
adopted child of an enrolled member of the Ninilchik Tribe
V. Tribal
Enrollment Committee
A. Establishment of Committee - A standing committee to be known as the
“Ninilchik Tribal
Enrollment Committee”, which committee is hereinafter referred to
as the “Committee”, is hereby established.
B. Organization of the Committee - The Committee shall be organized as follows:
1.
Number – The Committee shall consist of
five (5) persons, all of whom shall be appointed by the NTC. None of these Committee members shall be
members of the NTC.
2.
Term of Office
– Each member of the Committee
shall hold office for five years or until his/her successor has been appointed
by the NTC. Members may be re-appointed
for additional terms if the NTC desires.
All terms shall begin on January 1st. The terms of the members shall be staggered in
order to assure continuity within the Committee. To establish these staggered terms, initial
appointments shall be made as follows:
One committee member – one year
One committee member – two
years
One
committee member – three years
One committee member – four
years
One
committee member – five years
Each of these initial terms
shall be established to begin upon
appointment and continue until the first January1st
following the end
of the stated term.
3.
Vacancies – Vacancies in the Committee shall be filled by the
NTC. In order to preserve the staggering
of terms, any person appointed to fill a vacancy on the Committee shall be
appointed for the remainder of the term of his/her predecessor.
4.
Removal – If, in the view of a majority of the members of the
Committee, a member of the Committee should be removed for the best interests
of the Tribe, the Committee shall notify the NTC in writing. The NTC shall then decide whether or not to
remove such member from the Committee.
5.
Quorum – Three members of the Committee shall be necessary to
constitute a quorum for the transaction of business. If a quorum is present, the acts of a majority
of the members of the Committee in attendance shall be the acts of the
Committee.
6.
Meetings Regular meetings of the Committee shall be
held each quarter on a date established by the Committee unless the members
shall have been notified of a change in the meeting date at least three (3)
days prior to the regular meeting date.
Other meetings of the Committee may be called by the Enrollment Clerk or
by the Chairperson of the Committee at their discretion. Meetings shall be called by the Chairperson
upon written request of a majority of the members of the Committee.
7.
Chairperson The Committee shall select a chairperson from among its members
in January of each year. The chairperson
shall serve for a term of one year, but may be reelected by the members of the
Committee for as many additional terms as they choose. The Chairperson shall preside over meetings
of the Committee, except that, in the absence of the chairperson, another
member may be selected by a majority of the members present to preside over a
meeting.
C. Function of
Committee - The Committee shall perform the following functions:
1.
To review all applications for enrollment and documentation presented
in support thereof
2.
To recommend to the NTC whether an application should be
approved
or rejected.
3. To propose to the NTC any recommended
changes in this
Ordinance or in other enrollment policies and procedure.
D. Authority of the Committee - The Committee shall have the
following authority
in performing its functions:
1.
To adopt
written rules and policies in carrying out the objectives and purposes of this
ordinance, provided that such rules and policies are not inconsistent with the
provisions of this ordinance or of the laws of the Tribe, and further provided
that such rules and policies are approved by the NTC. NTC approval of such rules and policies
adopted by the Committee shall be presumed after presentation to the NTC in
writing in the absence of specific rejection by the NTC within thirty (30) days
of its receipt thereof.
2.
To approve
appropriate changes to the Application for Enrollment in the Ninilchik Tribe.
VI.
Filing an application for enrollment
A.
Who must file? All persons not
listed on the tribal roll on
B.
When and where
to file an application - All
enrollment applications must be filed with the Enrollment Clerk. Application forms may be obtained by oral or
written request to
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
Ninilchik Tribe from
which the applicant
is descended.
7. The requirement of a "yes" or
"no" answer to the question:
Is
the applicant an
enrolled member of another tribe, band or
Indian community?
8.
The
requirement of "yes" or
"no" answers to the questions:
Is the applicant
adopted?
9. Certification
that the information given in the application is
true and
accurate as known by the applicant or sponsor.
10. Signature of applicant or sponsor (with
relationship to
applicant). Applications for minors require the
signatures of
both parents or
a certification that the non-signing parent
is not a member of another tribe.
11. 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 birth certificate
3.
The name of
the historic resident(s) of the
4.
If eligibility
is claimed through the father, one of the following also must accompany the
birth certificate:
(a)
a marriage
license showing that the applicant's mother was married to
the father through whom eligibility is claimed at the time of birth OR
(b)
a notarized
affidavit of paternity signed by both the applicant's mother
and father OR
(c) a court order declaring the father through whom eligibility
is claimed to be the natural father
OR
(d) a DNA or genetic marker test
(obtained at the applicant's sole expense)
determining the probability that the father through whom eligibility is claimed
is the natural father of the applicant to be not less than 97%.
5.
Documentation
proving the direct descent of each Ninilchik ancestor from a historic resident
if neither the applicant's father nor mother is an enrolled member of the
tribe. The level of documentation
required for this proof shall be established in writing by the Committee.
6. Documentation establishing residency in the territory of the Ninilchik Tribe for a period of one year, if applicable in determining eligibility.
The level of documentation required for this proof shall be established
in writing by the Committee.
7.
Marriage
license proving marriage to an enrolled member of the Ninilchik Tribe, if applicable
in determining eligibility.
8.
Adoption
decree proving adoption by an enrolled member of the Ninilchik Tribe, if
applicable in determining eligibility.
9.
Relinquishment
of membership in any other tribe, band or Indian community of which the
applicant is a member. If an applicant
has filed a conditional relinquishment of the membership in another tribe, band
or group that will automatically become effective upon approval of the
Ninilchik Tribe membership application, this requirement shall be deemed to have
been met.
E.
Additional
documentation to accompany application of applicant who is adopted. In addition to those items identified in subsection D
above, an applicant who has been adopted and who is claiming eligibility
through a natural parent(s) must also submit documentation proving the identity
of the natural parent(s). Usually this
documentation will consist of a copy of the adoption decree together with
either the original birth certificate showing the natural parent(s) or a legal
document identifying the natural parent(s).
However, a certification from the Secretary of the Interior or his/her
authorized representative pursuant to the Indian Child Welfare Act of 1978
(P.L. 95-608) shall be conclusive evidence of the relationship to the natural
parent(s).
VII. Processing
an application for enrollment
A.
By Enrollment
Clerk - The NTC shall
designate a tribal employee to serve as the Enrollment Clerk. All applications shall be received or routed
to this coordinator who shall take or supervise the taking of the following
actions:
1.
Stamp the
application form and all enclosures with the date on which they were received
and acknowledge receipt of them.
2.
Make a folder
for the application and supporting documents.
3.
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 along with the supporting documents pending the return of the completed
original application. No action shall be
taken on such an incomplete application.
4.
A completed
application submitted without supporting documents will be retained in the
applicant's folder. A letter will be
sent requesting the needed documents. If
such documentation is not received within 90 days, the Enrollment Clerk shall
present the application to the Committee with a recommendation that the
application be rejected.
5.
Research the
applicant’s claim to be a direct, lineal descendant of historic resident(s) of
the
6.
Check with any
other tribes, bands or Indian communities from which the applicant is descended
to verify whether or not the applicant is a member of any of those groups. (Although not necessary to determine
eligibility for membership in the Tribe, a certification of the applicant's
degree of Indian blood of the other tribe(s) may also be requested, as a
service to the applicant, in order that this information may be added to the
tribal roll.)
7.
Make ready
each completed application, along with proper documentation, for review by the
enrollment committee within 90 days of receipt.
8.
Assist the
applicant as much as possible in determining ways that might help in
establishing eligibility.
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.
4.
Instruct the
Enrollment Clerk to prepare resolutions accepting eligible applicants and
forward the resolutions to the Tribal Council for action.
5.
Recommend for
rejection the applicants who have not proven they fulfill the membership
requirements as shown in the constitution.
6.
Instruct the
Enrollment Clerk to prepare resolutions rejecting such ineligible applicants
and forward the resolutions to the Tribal Council for action.
C. By the Ninilchik Traditional Council
1.
Adopt
resolutions approving eligible applicants and rejecting ineligible applicants.
2.
Direct the Enrollment Clerk to notify the
accepted applicants of their acceptance into membership.
3.
Direct the
Enrollment Clerk to notify the rejected applicants by certified mail of their
rejection, giving them their right to appeal the rejection to the tribal court
as provided in section IX of this ordinance.
Such rejected applicants shall also be advised that a new application
may be submitted when the needed documentation of eligibility has been
obtained.
VIII. LOSS OF
MEMBERSHIP - 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. The
procedures outlined below are pursuant to Article III, Section 3 of the Tribal
Constitution.
A. Relinquishment
1. By an adult member - Any adult member of the Ninilchik Tribe may voluntarily relinquish his/her membership. Such relinquishment must be in writing, 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 j