6.01.100 Disenrollment

(a) Grounds for Disenrollment. Any tribal member may be disenrolled from membership in the Tribe upon proof of the following; and in accordance with the procedures for disenrollment set forth below:

(1) Any person whose membership is based on false material information contained in his or her application, or who withheld material information in making his or her application for enrollment, shall be removed from the membership rolls.

(2) Any person whose membership is based on false information given by another person, or whose membership is based on another person's withholding of material information in making the application for enrollment, shall be removed from the rolls.

(3) No member may be enrolled in the Tribe who is also enrolled in another tribe. Any member who is alleged to be enrolled in another tribe may be required to furnish proof that he is not so enrolled. Any person who fails to furnish such proof shall be removed from the membership rolls.

(b) Disenrollment Proceedings. Disenrollment proceedings shall be governed by the following procedures:

(1) Upon receipt of any evidence that a tribal member should be subjected to disenrollment proceedings, the Committee shall discuss the matter at the next scheduled meeting, and shall vote on whether to initiate disenrollment proceedings against such tribal member. No proceeding for disenrollment of a tribal member shall be initiated unless at least four (4) members of the Committee vote to initiate such proceedings. If a majority of the Committee fails to vote in favor of initiating disenrollment proceedings, the matter shall be deemed closed.

(2) If the Committee decides to initiate disenrollment proceedings against a tribal member, the Enrollment Clerk shall send a "Notice of Disenrollment Proceedings" by certified letter to the last known address of such tribal member. The letter shall specify the grounds for initiating such disenrollment proceedings, and shall explain the disenrollment procedures and the rights and remedies available to the tribal member. The date stamped by the U.S. Post Office on the Domestic Return Receipt shall be deemed to be the date on which the tribal member was served with the "Notice of Disenrollment Proceedings."

(3) In the event that the """Notice of Disenrollment Proceedings" is returned undelivered by the United States Post Office, the Enrollment Clerk shall publish the "Notice of Disenrollment Proceedings" in the local newspaper in the county of the last known address of the tribal member against whom disenrollment proceedings have been initiated. At the expiration of sixty (60) days from the date such notice first appears in the local newspaper, the tribal member shall be deemed to have been served with the "Notice of Disenrollment Proceedings.'

(4) Any tribal member against whom disenrollment proceedings have been initiated must file a written response challenging such proceedings within thirty (30) days of receipt of the "Notice of Disenrollment Proceedings." Such a response can be mailed by certified or regular mail, and will be deemed filed on the date the response is post-marked by the U.S. Post Office. Failure to file a written response to the "Notice of Disenrollment Proceedings" within the thirty day time period shall waive the tribal members rights to an informal hearing before the Committee and a formal hearing before the Tribal Council.

(5) Any tribal member against whom disenrollment proceedings have been initiated shall have a right to appear and testify in an informal hearing before the Committee. At such hearing, the Committee shall determine if sufficient evidence exists to support a finding that the tribal member should be disenrolled. If a majority of the members of the Committee decide that the tribal member should remain on the membership rolls, the disenrollment proceedings shall be deemed closed. If a majority of the members of the Committee find that sufficient evidence exists to support disenrollment, the Committee shall submit a written recommendation to the Tribal Council that the tribal member be disenrolled. The recommendation of the Committee shall include all evidence compiled in the disenrollment proceeding. Upon receipt of such recommendation, the Tribal Council shall schedule a hearing to decide whether the tribal member shall be disenrolled, unless the tribal member has waived his/her right to a hearing by failure to respond to the "Notice of Disenrollment Proceedings," in which event the Tribal Council will make its decision based on the recommendation and evidence furnished by the Committee.

(6) Any tribal member subject to a disenrollment proceeding, who has filed a written response to the "Notice of Disenrollment Proceedings" with the Enrollment Clerk, shall have the right to be represented by counsel at his or her own expense at all stages of the proceeding, the right to inspect and copy all documents which purportedly support disenrollment, the right to inspect and copy all documents in the custody of the Committee which support the member's claim to continued eligibility for enrollment, the right to inspect and copy all documents in the member's application file, the right to cross-examine all adverse witnesses, the right to present testimony and documentary evidence on his or her own behalf, the right to adequate notice of all proceedings, and the right to a written decision in which the facts relied upon and the conclusions made by the Tribal Council are given. All disenrollment proceedings shall be conducted as closed hearings in Executive Session.

(7) In any disenrollment proceeding, the Committee shall have the burden of proving by clear and convincing evidence that the tribal member is not eligible for enrollment.

(8) A decision to disenroll a tribal member shall be made by vote of the members of the Tribal Council. No less than five (5) members of the Tribal Council must vote to disenroll the tribal member before such member shall be disenrolled. The decision of the Tribal Council in any disenrollment proceeding shall be final and non-appealable.

(9) If the Tribal Council votes to disenroll a tribal member, the Enrollment Clerk shall strike the name of such tribal member from the membership rolls of the Tribe. Any tribal member who has been disenrolled shall be prohibited from thereafter seeking enrollment in the Tribe.

(c) Voluntary Disenrollment. Any tribal member may request that his/her name be stricken from the membership rolls. Such voluntary disenrollment must be carried out in accordance with the procedures set forth below.

(1) The tribal member seeking voluntary disenrollment must submit to the Enrollment Office a notarized statement requesting relinquishment of membership in the Tribe, and stating the reason(s) for seeking relinquishment of membership.

(2) The statement requesting relinquishment of membership in the Tribe must be either submitted in person, or delivered by certified mail, and must be dated no more than sixty (60) days before the date such statement is received at the Enrollment Office.

(3) The Tribal Council shall direct the Enrollment Clerk to strike from the membership rolls the name of the tribal member seeking voluntary disenrollment.

(4) If a request for relinquishment is made on behalf of a tribal member who is under the age of eighteen (18) years, the following procedures will govern the voluntary disenrollment process:

(i) The person requesting relinquishment must be the parent having legal custody of the tribal member, or the legal guardian of such tribal member, and must provide the Enrollment Office with proof of such legal custody or guardianship. For the purposes of this Chapter, the term "legal custody" means the custody awarded by a court of competent jurisdiction. Any documentary evidence provided as proof of legal custody or guardianship must be in the form of originals or certified copies. Proof of parenthood alone, without proof of legal custody or guardianship, will not authorize a person to request relinquishment on behalf of a tribal member who is under the age of eighteen (18) years.

(ii) Any parent requesting relinquishment for a child who is a tribal member must have sole custody of such child in order to request relinquishment of membership on behalf of the child. If a parent making a request for relinquishment on behalf of a child does not have sole custody of such child, such parent must demonstrate that he/she has joint custody of the child, and a notarized statement from the other parent joining in the request for relinquishment must be provided to the Enrollment Office. Certified copies of the divorce decree or order of separation, and of the order granting custody, must be submitted to the Enrollment Office.

(iii) No tribal member under the age of (18) years shall be disenrolled from membership in the Tribe until the Enrollment Office receives official notification from another tribe that such person has been accepted for membership in such other tribe.

(iv) If a person who is under the age of eighteen (18) years is disenrolled from membership in the Tribe by request of a parent or legal guardian, such person shall be entitled to enrollment in the Tribe in accordance with the procedures and requirements set forth in this Chapter, if such person makes a request for enrollment after his/her eighteenth (18th) birthday. No benefits associated with membership in the Tribe shall be granted to such person for the period of time during which he/she was not enrolled in the Tribe. Any tribal member whose membership is challenged under subsection (a), (b), or (c) shall have a right to be heard by the Membership Committee, which shall determine if there is sufficient evidence to believe that the tribal member should be disenrolled. If the Committee so finds it shall present its evidence and recommendation to the Tribal Council which shall decide whether the tribal member shall be disenrolled.