NTC Enrollment Ordinance First Draft

                                                                        March 4, 2005

 

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  Any prior enrollment ordinance or rule is hereby repealed.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 March 14, 2001, and all amendments added thereto.

G.     “Degree of Indian Bloodmeans the total blood quantum derived from the tribes, bands or groups recognized by the Federal Government of the United States of America.  It does not include blood quantum derived from non U.S. Federally Recognized Tribes

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 United States of America.  It does not include tribes, bands or groups recognized by non U. S. Governments.

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:

 

Section 1 - Eligibility 

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 village of Ninilchik, and

(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. (March 14, 2001)

 

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 March 14, 2001, must file an enrollment application.  Applications for minors or incompetents must be filed by parents or legal guardians.  A separate application must be filed by each individual seeking enrollment.

 

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 P. O. Box 39070, Ninilchik, AK 99639, 907,567-3313.  There is no deadline for filing enrollment applications for membership purposes.  However, the Tribal Council may from time to time establish a deadline for filing of enrollment applications for specific purposes. 

 

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 village of Ninilchik through whom the applicant is claiming eligibility (if applicable)

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 village of Ninilchik or the applicant’s claim to be of Alaska Native or American Indian descent and a resident of the territory of the Ninilchik Tribe for a period of one year.

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 joined if that is the case) on the tribal roll, notify the NTC of the action, file the relinquishment form in the former member's folder and move the folder into the drawer designated for former members.

2.      By a minor member - The membership of any member of the                  Tribe who is not at least 18 years of age may be relinquished by his/her parent or guardian.  The relinquishment must be in writing, and the signature of the parent or guardian must be notarized.   The Enrollment Clerk shall take great care to determine that the individual who signed the form has legal custody of the affected minor member.  Then the minor's relinquishment shall be processed the same as one for an adult.

3.      Forms and effective dates - Any member desiring to relinquish shall be encouraged to do so on a conditional relinquishment form.  In such case, the relinquishment shall become effective upon the acceptance of that individual into the membership of another tribe.  The member's name shall not be removed from the Ninilchik Tribe’s current membership roll until documentation of the acceptance into the other tribe's membership is received.  Should a member insist upon relinquishing in writing without using the conditional relinquishment form, the tribe will comply with the member's wishes and remove the member's name from the current tribal roll with the effective date being the date the relinquishment was received by the Enrollment Clerk.

4.      Membership after relinquishment - An adult member who relinquishes his/her membership in the Ninilchik Tribe who later wants to rejoin the Ninilchik Tribe may submit an application for membership.  The custodial parent or guardian of a minor member whose membership has been relinquished may submit an application for membership on behalf of that minor.   A minor member whose membership has been relinquished by a parent or guardian may submit an application for membership after he/she becomes 18 years of age.  Any such applications shall be processed as though the individuals had not previously been members.

 

B.     Disenrollment:  The burden of proof in disenrollment actions rests with the tribe.  The Enrollment Clerk may initiate research into the eligibility of any member on the tribal roll.  The Enrollment Clerk shall initiate such research upon receipt of written evidence from a tribal member challenging the membership eligibility of any other current member.

1.      Who may be disenrolled

a.      A person on the tribe’s approved membership on March 14, 2001, shall be disenrolled only when proof is available that he/she is currently enrolled with another Indian tribe and does not relinquish the membership in the other tribe within thirty (30) days of receipt of a certified letter from the Secretary of the Tribal Council (prepared by the Enrollment Clerk) informing him/her of the necessity to submit the required relinquishment.

b.       A person enrolled after March 14, 2001, shall be disenrolled when proof is available that he/she

            (1)       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.  The “erroneous enrollment” may have resulted from fraudulent submissions or inadequate research, or

(2)       is currently enrolled with another Indian tribe and does not relinquish the membership in the other tribe within thirty (30) days of receipt of a certified letter from the Secretary of the Tribal Council (prepared by the Enrollment Clerk) informing him/her of the necessity to submit the required relinquishment, or

(3)       was enrolled under the provision of Article III, Section 1, d.(1)(a) and eligible for membership because of marriage to an enrolled member of the Ninilchik Tribe and has, subsequent to the enrollment, become divorced from the enrolled member of the Ninilchik Tribe.

2.      Procedure for disenrollment - A member identified as subject to disenrollment pursuant to the above sub-section shall be notified by the Enrollment Clerk by certified mail, return receipt requested, of the intent to disenroll.  Included in the notice shall be the date set for a hearing before the Tribal Council to consider the matter.  Following the hearing, whether or not the affected member makes any appearance or response, the Tribal Council shall determine if the member is to be disenrolled.  Such decision shall be documented in a Tribal Council resolution.  The disenrolled member shall be notified of the action taken by certified mail, return receipt requested.  Such notice shall include the appeal rights outlined in section IX of this ordinance.

3.      Membership after disenrollment

a.      Persons identified in subsection B.1.b.(1) of this section who has been disenrolled may submit new applications for membership when adequate documentation of eligibility has been obtained. Such applications will be processed as though the individual had not previously been a member.

b.      Persons identified in subsection B.1.a., or B.1.b.(2) of this section who have been disenrolled shall be permanently barred from consideration for future membership in the Tribe.

 

IX.  Appeals

 

                        A.  Eligible appellants - The following persons shall be eligible to file an appeal:

                                    1.  Any applicant who has been rejected for membership or

2.      Any person who has been disenrolled.

B.     Timing of appeal - Each notice of rejection or disenrollment shall provide that an appeal must be received within thirty (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.

C.    Filing of appeal - The notice of appeal must be filed with the NTC Executive Director.  The date the appeal is received by the Executive Director’s office shall be considered its date of receipt.  An appeal must be in writing.  No appeal may be filed by any form of electronic communication.  Failure to file an appeal within thirty (30) calendar days shall waive any right to an appeal.

D.    Handling of appeal - Upon receipt of an appeal, the Executive Director shall obtain the appellant's file from the enrollment office for review by the NTC. The NTC shall set a date not less than twenty (20) nor more than sixty (60) days from the date of mailing of the notice for a hearing on the appeal. The Executive Director 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.    This notice shall also inform the appellant that new evidence may not be presented.  Rather, the NTC shall base its decision upon the documents available to the Enrollment Committee and the NTC.  Following the hearing, whether or not the appellant makes any appearance or response, the NTC shall document its decision by a resolution and notify the appellant by certified mail of its decision.  The decision of the NTC on the appeal shall be final.

 

 

X.  Records

A.     Contents of individual folders:  An individual folder shall be established for each tribal member and applicant.  The folder shall contain the following items:

                                    1.  Application

                                    2.  Family tree chart

                                    3.  Birth Certificate

                                    4.  Correspondence

5.      All other documentation on the person pertinent to membership in the tribe

6.      Death Certificate

 

B.     Access to records:  The following procedures shall govern the access to the records in the enrollment office:

1.      The roll – Following the completion of a process of notification of a proposed change in policy, a listing of names only of tribal members may be viewed by any member of the Tribe who comes into the enrollment office.  No other information from the tribal roll may be viewed by anyone not involved in enrollment actions.  Neither the roll nor any portion thereof may be copied and/or distributed to any person or organization except upon written permission of the NTC.   The NTC shall exercise its discretion in using and/or releasing information from the roll for the benefit of tribal members or tribal programs.  The NTC may also approve a schedule for charging for copies of the tribal roll or any portion thereof in any format.

2.      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 NTC when such examination is necessary in considering enrollment decisions.

3.      Special concern - An adopted person's eligibility for enrollment is sometimes determined through one or both of the natural parents.  Documentary evidence submitted to support an adopted person's application in those cases must show relationship to the natural parent through whom eligibility for enrollment is determined.  All information concerning adopted persons shall be considered confidential.  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.

C.    Updating records:  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:

                                    1.  Name change - Marriage license

                                                              or   Divorce decree

                                                              or   Court order changing name

                                    2.  Address change - Written statement signed by tribal member

                                                                                 over 18 years of age

                                                                      Notarized statement or affidavit stating

                                                                                 custody of minor with address change

                                    3.  Death -       Death certificate

                                                             Bureau of Indian Affairs records

                                                             Mortuary records     

                                                             Hospital records

                                                             Obituary notice from newspaper

                                                               Notarized statement from an individual who

                                                                        attended the funeral or who saw the grave

                                                                        marker and can provide date of death

Any change for which none of the above documents is available must be authorized in writing by the NTC stating the reason for the change without usual documentation.  A copy of that written authorization shall be placed in the individual's folder.

 

XI.  Computing Degree of  Tribal Blood:

 

A.     Initial Computation - The blood degrees shown on the March 14, 2001, roll shall be used in computing the degree of Ninilchik tribal blood for members of the tribe.  Tribal blood derived from persons other than those on the base roll may be counted for the purpose of determining eligibility for membership in the tribe, provided that the ancestor's name appears on a roll determined by resolution of the NTC to be acceptable for that purpose and provided further that descendancy from that ancestor is proven by the same level of documentation required in proving descendancy from the applicant's ancestor on the March 14, 2001 roll.

 

B.     Changing Blood Degrees - Once the degree of  tribal blood has been recorded for a member on the tribal roll, it shall be changed only when the following procedures has been completed.  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 research into the accuracy of blood degrees shown on the tribal roll as time permits. 

1.      If a determination is made that a member's blood degree has been erroneously computed, a resolution shall be prepared for NTC 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.  These changes shall be made whether they increase or decrease the degree of Indian blood and/or the degree of Ninilchik or other Alaska Native or American Indian blood of the affected members.

2.      The member requesting the change and all other persons affected by the change shall be notified of the change by the Enrollment Clerk.  The change is not subject to formal appeal.  However, a subsequent request may be submitted whenever additional documentation is available.

                  

XII. Adoption Into Membership:

The Constitution of the Ninilchik Tribe does not provide for adoption into membership.  All members must meet the eligibility criteria included in Article III, Section 1.

 

 

XIII.  Amendments:

This ordinance may be amended by the Ninilchik Traditional Council at any regularly called meeting at which a quorum is present.

 

 

XIV.  Certificate of Enactment:

We, the undersigned, as President and Secretary-Treasurer of the Ninilchik Traditional Council of the Ninilchik Tribe, do hereby certify that a quorum was present at a regularly called meeting of the NTC on the ____ day of _____ 2001 , and that the foregoing ordinance was adopted with the affirmative vote of _____ for,  _____ opposed and ____ abstaining, a quorum being present.  Therefore, the ordinance is duly enacted and the date of this meeting shall be the effective date of the provisions of this ordinance.

 

 

                                                                                    ________________________

                                                                                                Chairman

Attest:

 

 

__________________

    Secretary

 

This September 21, 2001, version incorporates amendments made by resolution number 21-21, on September 21, 2001.

 

Furthermore, the September 21, 2001 version was amended by resolution number 2004-20, on August 17, 2004, and is hereinafter referred to as the Enrollment Ordinance of the Ninilchik Tribe of August 17, 2004.  

 

 

 

 

 

Even Furthermore, the August 17, 2004version was amended by Ordinance 2005-01 on March  4, 2005 and is hereinafter referred to as the Enrollment Ordinance of the Ninilchik Tribe of March 4, 2005.