Enrollment Ordinance Of Enterprise Rancheria The Estom Yumeka Maidu Tribe

Transcription

1 Enrollment Ordinance Of Enterprise Rancheria The Estom Yumeka Maidu Tribe Approved: October 30, 2003 Amended: April 28, 2004 Amended: March 30, 2005 Amended: February 15, 2006 Amended: June 11, 2006 Amended: November 9, 2008 Amended: July 26, 2009 Amended: April 25, 2010 Amended: April 17, 2011 Amended: May 18, 2013

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3 Table of Contents Section 1. Title...1 Section 2. Authority...1 Section 3. Purpose...1 Section 4. Definitions... 1, 2 & 3 Section 5. Enrollment Committee...3 Section 6. Membership Criteria... 3&4 Section 7. Ineligible Applicants...4 Section 8. Applications for Enrollment... 4&5 Section 9. Submitting an Enrollment Application... 5 Section 10. Acceptance of Applications for Membership...6 Section 11. Burden of Proof...6 Section 12. Sponsoring an Application for Enrollment... 6&7 Section 13. Approval or Disapproval of Applications...7 Section 14. Confidentiality... 8 Section 15. Access to Tribal Membership Records...8 Section 16. ICWA (Indian Child Welfare Act)...9 Section 17. Release of Information...9 Section 18. Tribal Membership Register...9 Section 19. Tribal Membership Roll... 9&10 Section 20. Membership Information Changes & Corrections Section 21. Proof of Paternity Section 22. Dual Membership Prohibited Section 23. Forfeiture of Membership Section 24. Relinquishment of Membership... 11&12 Section 25. Dis-Enrollment... 12&13 Section 26. Appeals... 13&14 Section 27. Effective Date Section 28. Amendment Section 29. Severability Section 30. Repeal of Prior Inconsistent Enactments Section 31. Sovereign Immunity Certification Temporary Moratorium on Enrollment 16&17

4 Section 1. Title This Ordinance shall be cited as the Enrollment Ordinance of Enterprise Rancheria Estom Yumeka Maidu Tribe # Section 2. Authority The authority for this Ordinance is Article III, Section 4, of the Constitution of the Enterprise Rancheria, Estom Yumeka Maidu Tribe. Section 3. Purpose The purpose of this Ordinance is to provide fair and reasonable standards for Membership in the Tribe and procedures by which Membership decisions are made. These standards and procedures are necessary to enable the Tribe to develop as a sovereign Indian nation and to pass on its heritage to future generations, and to provide due process, that is, a framework of rules and principles for legal proceedings established for the protection of individual rights in all questions involving Tribal Membership. Section 4. Definitions As used in this Ordinance, the following words and phrases shall have the following meanings: Affidavit A notarized statement of fact signed by a person, who swears the statement is true. Burden of Proof - The duty to positively prove a fact or set of facts at issue. Constitution The Constitution which is the Governing Document of the Enterprise Rancheria, Estom Yumeka Maidu Tribe. Criteria - Standards, rules or requirements on which a judgment or decision may be based. Dis-Enrollment - An action by the Tribe to remove an individual s right to Tribal Membership. Documentation - The supplying of written evidence legally sufficient to support a statement of fact. Dual Enrollment - Membership in more than one federally recognized tribe. Executive Session General Council Meeting A closed meeting where proceedings are confidential. Sensitive and/or privledged matters are being discussed and information that shall not be disclosed or revealed. Only voting Tribal Members may be present. Family Tree - A genealogical diagram of a families ancestry showing the relationships or lines of descent through parental lines. A family tree is used to trace and demonstrate ancestry

5 Forfeiture of Membership The Involuntary removal of tribal membership sometimes imposed as a punishment for serious actions that are or could harm the Tribe or because of inability to meet the criteria for Tribal membership. General Council Enrolled members of the Tribe who are eighteen (18) years of age or older, who are either listed on the Department of the interior, United States Indian Service Census of the Indians in and near Enterprine [sic] in Butte County, California, dated July 20, 1915, or are the direct lineal descendants of such individuals. Incompetent Person legally determined or as otherwise provided by operation of state law or Tribal law to be unable to make effective decisions on their own behalf. Legal Guardian - One who has legal custody of an individual as determined by State, Federal or Tribal law. Historic Tribal Member- All persons of Indian blood whose names appear on the Department of Interior United States Indian Service Census of the Indians in and near Enterprine {sic} in Butte County, California dated July 20, 1915, (AKA the 1915 Census). Collateral relatives such as aunts, uncles, brothers, sisters, etc., are not lineal descendants. Lineal Tribal Member- The duly enrolled direct descendant of a Historical Tribal member. Minor A person under the age of eighteen years. Non-Lineal Member- Individuals who are listed, or are direct descendants of any individual listed on any United States Government Roll or Census of the Maidu Indians from the Feather River Drainage Area, and who submitted a complete and valid application for non-lineal membership with the Enterprise Rancheria on or before December 31, Notarize - To have a document attested before or authenticated by a licensed notary public who witnesses the signature and certifies that it is authentic. Ordinance - A Tribal law legislated by the Tribal or General Council. Re-Enrollment Any duly enrolled lineal member of Enterprise Rancheria who has relinquished membership under Section 2 of Article III of the Tribal Constitution may be reenrolled into membership of the Rancheria one time only, pursuant to the requirements of Article III, Section 3, (A) of the Tribal Constitution. Relinquishment of Membership The voluntary action by a Tribal member to terminate his or her Membership in the Tribe. Resolution A formal written document of a decision by a tribal entity memorializing a decision of that entity. Sponsor - The Person who has the authority to do something for someone who, because of age, - 2 -

6 absence, or incompetence, as determined by State, Federal or Tribal law, cannot do it for themselves. Tribal Council The governing body of the tribe, which consists of seven (7), enrolled members elected by the General Council. Tribe Enterprise Rancheria, Estom Yumeka Maidu 1915 Census - The document titled Department of the Interior, United States Indian Service Census of the Indians in and near Enterprine [sic] in Butte County, California, dated July 20, Voting Members Lineal Tribal Members who are 18 years or older and who are a 1/16 blood quantum or more. Section 5. Enrollment Committee The General Council shall appoint two (2) members to the Enrollment Committee from within the General Council Membership, who are not members of the Tribal Council, and who are not candidates for the Tribal Council. The remaining seat shall be filled by a Tribal Council Member appointed by the Tribal Council. The Enrollment Committee shall appoint a Chairperson and a Secretary from among its members. The Committee shall report directly to the Tribal Council on at least a monthly basis. (b) (c) The Enrollment Committee members that were appointed shall serve for a period of four (4) years and may be reappointed for one consecutive two (2) year term. Any Enrollment Committee vacancy that occurs shall be filled by the entity that appointed them. The replacement appointee shall serve for the un-expired term of the office. The Enrollment Committee shall be responsible for implementing all policies and procedures regarding Membership eligibility requirements, enrollment process, distribution of Membership applications, other enrollment forms, and the receipt and review of completed Membership applications. The Enrollment Committee shall determine applicant s eligibility for Membership in accordance with this Ordinance. Section 6. Membership Criteria Membership in the Tribe is determined by the following criteria, no person may be enrolled in the Tribe, under any class of membership, unless they meet one of the following criteria: Voting Lineal Membership All persons whose names appear on the Department of Interior United States Indian Service Census of the Indians in and near Enterprine {sic} in Butte County, California dated July 20, 1915, (AKA the 1915 Census) all their lineal descendant, who are one-sixteenth 1/16 verifiable Indian blood or more shall be eligible - 3 -

7 for all membership rights including but not limited to the right to vote and hold any elected or appointed offices of the Rancheria. (b) Non Voting Lineal Membership All persons whose names appear on the Department of Interior United States Indian Service Census of the Indians in and near Enterprine {sic} in Butte County, California dated July 20, 1915, (AKA the 1915 Census) all their lineal descendant, who are not at least one-sixteenth 1/16 verifiable Indian blood or more shall be eligible for all membership rights excluding the right to vote and hold any elected or appointed offices of the Rancheria. (c) Lineal Membership. All persons of Indian blood whose names appear on the Department of Interior United States Indian Service Census of the Indians in and near Enterprine {sic} in Butte County, California dated July 20, 1915, (AKA the 1915 Census) and all their lineal descendants shall be eligible for membership provided, however, that those individuals who are not at least one-sixteenth (1/16 th ) verifiable Indian blood shall not have the rights and privileges to vote or hold any elected or appointed offices of the Rancheria. (d) Non-Lineal Membership. Individuals who are listed, or are direct descendants of any individual listed on any United States Government Roll or Census of the Maidu Indians from the Feather River Drainage Area, and who submitted a complete and valid application for non-lineal membership with the Enterprise Rancheria on or before December 31, (1) Non-Lineal Enterprise Rancheria members shall have the rights and privileges of participating in federally funded programs of the Enterprise Rancheria. (2) Non-Lineal Enterprise Rancheria members shall not have the rights and privileges to vote, hold any elected or appointed offices of the Rancheria, or receipt of nondiscretionary funds of the Enterprise Rancheria. Section 7. Ineligible Applicants No individual shall be eligible for Membership in the Tribe, except for those who meet the criteria set forth in Section 6 of this Ordinance. Furthermore, anyone over 19 years of age who has relinquished their Tribal Membership from another Tribe shall not be eligible for Tribal Membership with the Enterprise Rancheria. Section 8. Applications for Enrollment The Enrollment Department shall develop an Enrollment application and other forms deemed necessary to correspond with applicants and members. Such forms shall be available at the Tribal Office. Information required of the applicant shall be limited to that which is essential in determining an individual s right to Tribal Membership

8 (b) A person applying for enrollment in the Tribe shall present documentation, of all of the following as evidence of eligibility and shall leave the documentation with the Enrollment Department: (1) An original or government-issued duplicate birth certificate for the applicant. (2) An original, or government-issued certified duplicate birth certificate, through which the Tribal heritage is claimed, for as many generations back as may be necessary to establish entitlement to Membership pursuant to Section 6 of this Ordinance and the Tribal Constitution. However, if the birth certificate, affidavit or supporting documentation of any person through whom the applicant claims lineal descent, is already contained in the files of the Enrollment Department, the applicant may request in writing that the Enrollment Committee take judicial notice of such documents, notwithstanding other privacy provisions of this Ordinance. If this request is granted, the Enrollment Committee shall make a copy of each such document, certify the copy as true and valid, and make the certified copy part of the applicant s file. (3) A completed family tree, on the form provided by the Enrollment Department, documenting the line of descent from a Maidu Indian person named in the 1915 Census. (4) Documentation from the Bureau of Indian Affairs stating that the Individual is Native American, of Maidu descent, and the degree of Indian blood they hold. (c) The Enrollment Department shall permanently retain in their files all documents submitted by successful applicants for Tribal Membership so that the Tribe s enrollment records will document the eligibility of all enrolled Tribal Members. All questions on the Enrollment Application must be answered. Each Enrollment Application must contain sufficient personal information to properly determine the applicant s eligibility for enrollment. Section 9. Submitting an Enrollment Application Any individual who desires to be considered for enrollment must submit a completed application to the Enrollment Department. A separate application form and appropriate documents must be submitted for every member of a family that is applying for Membership. Applications for enrollment may be submitted to the Enrollment Department at the Tribal Office by mail or in person. Appropriate Tribal staff shall stamp all applications and forms with the date on which they were received

9 Section 10. Acceptance of Applications for Membership Enrollment Membership applications shall only be disbursed and processed as follows and pursuant to the General Council Temporary Moratorium on Enrollment dated April 25, 2009, Attached to this Enrollment Ordinance as Exhibit A: (b) (c) (d) (e) The Enrollment Department shall disburse and process Enrollment Membership Applications for Lineal Minor (under 18 years of age) Membership throughout the year. Enrollment Membership Applications for individuals that turn eighteen (18) years of age may be submitted and processed throughout the year, only when an Enrollment Application is submitted to the Enrollment Department within the first Ninety (90) days of the individual s eighteenth (18) birthday. After Ninety (90) days from their (18) birthday, applications may be accepted in accordance with section 13(b) (3) of this Ordinance. Enrollment Membership Applications for Active Indian Child Welfare Cases of minors eligible for Membership may be submitted and processed throughout the year The Enrollment Committee may make a Further Information Request to the applicant requesting additional documentation or completion of an Enrollment Application. The applicant must return the requested information within Ninety (90) working days from the certified receipt of the notice. If the requested information is not received by the Tribal office within this time period, the applicant will be denied Tribal Membership at that time and the file will be placed in inactive status. Any and all Enrollment Membership Applications that have been submitted during the acceptance period shall be processed in accordance with all Tribal Law within Ninety (90) working days from the date submitted, except in those instances where the applicant was requested to provide additional information. In that instance, the application will be processed within Ninety (90) days after the additional information was supplied to the Enrollment Committee in accordance with subsection (e). Section 11. Burden of Proof The burden of proof shall be upon the applicant to establish every element of his or her Eligibility for enrollment under this Ordinance, unless otherwise stated herein. Any matter to be proven under this Ordinance must be proven to the satisfaction of the Enrollment Committee, Tribal Council, and General Council by clear and convincing evidence. Section 12. Sponsoring an Application for Enrollment Applications may be submitted by a parent on behalf of a minor (under age 18), an incompetent person, or on behalf of other applicants who have submitted a written request for assistance with the Tribal office. Legal guardians may submit applications on behalf of any persons they have guardianship over

10 If an Enrollment Application has been submitted for a minor and has not been completed within the first 60 days, the Enrollment Committee shall sponsor and complete the application within the 90 day timeframe. Section 13. Approval or Disapproval of Applications (b) The Enrollment Committee shall forward all tribal membership applications to the Tribal Council for review. The Tribal Council shall approve/disapprove applicants who are applying for Membership, in accordance with this Ordinance, at a duly noticed Tribal Council meeting conducted within 30-working days of receipt of the application. Upon review and formal action taken by the Tribal Council, the Enrollment Department shall notify the applicant in writing of the action taken by Tribal Council with an Approval of Membership, or Notice of Disapproval, sent within ten (10) working days after the decision. Any Notice of Disapproval shall state the specific grounds for Disapproval of the application, along with the procedures for filing an appeal. During the existence of the Temporary Moratorium on Acceptance and Processing of Applications for Enrollment of the Enterprise Rancheria General Council if extenuating circumstances surround the acceptance of an Enrollment Application, the Enrollment Committee shall forward the matter to Tribal Council who will then forward the matter to the General Council for directive of whether or not to process the application. The following circumstances are considered extenuating and shall be forwarded to the General Council: (1) The Enrollment Application submitted is a direct lineal descendant of the 1915 Census titled Department of the Interior, United States Indian Service Census of the Indians in and near Enterprine [sic] in Butte County, California dated July 20, 1915, an elder of fifty-five (55) years or older, and has demonstrated a great hardship placed on them due lack of Tribal Membership. (2) The Enrollment Application submitted is a direct lineal descendant of the 1915 Census titled Department of the Interior, United States Indian Service Census of the Indians in and near Enterprine [sic] in Butte County, California dated July 20, 1915, is disabled, and has demonstrated a great hardship placed on them due lack of Tribal Membership. (3) The Enrollment Application submitted is a direct lineal descendant of a duly enrolled Tribal Member as of April 25, 2009, is over the age of 18, and has extenuating circumstances that prevented them from enrolling while they were a minor

11 Section 14. Confidentiality (b) (c) (d) (e) The Tribal Council recognizes that all records concerning an individual may contain sensitive, personal information. These records may also be critical in proving an individual s right to Membership. All applications, records, and information submitted under this Membership Ordinance shall be maintained and stored in confidential files in the Tribal Office by the Tribal Enrollment Department. No Tribal employee, member of the Enrollment Committee, Tribal Council, or General Council shall disclose any Membership/enrollment records that contain individual identifiable information without, either, consent of the person(s) concerned or a Tribal Council Resolution., in accordance with the Enterprise Rancheria Records Access Ordinance. Upon receipt and review of an Enrollment application of a direct lineal descendant, of an enrolled deceased Tribal member, the Enrollment Department shall make available records, documents and any other information contained in the Enrollment file of such deceased Tribal member, for the purpose of establishing the descendant s entitlement to Tribal Membership. Unauthorized disclosure of records, documents, or any other information from Enrollment files may be cause for loss of employment or Tribal Membership under Section 16 of this Ordinance. All original Membership files shall be placed into insulated filing cabinets, and a backup copy of all Membership files shall be placed in an insulated filing cabinet, or a safe deposit box at another location in order to protect and preserve such important documents. Section 15. Access to Tribal Membership Records (b) (c) The Enrollment Department has complete access to all enrollment files, records, documents and any confidential information submitted by any individual pursuant to this Ordinance and may seek approved outside legal and other supervisory advice regarding any or all enrollment issues, provided that the Enrollment Department takes appropriate measures to safeguard the confidentiality of all information. Confidential material shall be available the Enrollment Committee or Tribal Council only at a duly called meeting. No Enrollment records may be copied, except pursuant to Section 8 or Section 14 of this Ordinance. Original Enrollment documents shall not be removed from the Tribal Office. All Enrollment/Membership records are exempt records and excluded from disclosure and access, pursuant to Enterprise Rancheria Records Access Ordinance, Section 3(d)

12 Section 16. ICWA (Indian Child Welfare Act) Once the Enrollment department has been notified of a child s adoption, the following procedures shall then be applied: (b) (c) Enrollment File. The child will have a new file made, keeping their original enrollment number, which will only contain information of their new identity. There will be a memo placed in this new file referring to the ICWA case number. The child s original enrollment file shall be placed in the Enrollment ICWA cabinet along with a memo and case number referring to the child s new enrollment file. File Access - The child shall have no access to their old enrollment file until they turn the age of (18) eighteen. Upon reaching this age, the child can then petition the Enrollment department to release the information. Notification. The Enrollment department shall make all necessary adjustments within their department; files, enrollment software, etc. They will also notify the other departments with name and address change. Section 17. Release of Information Notwithstanding the provisions of this Ordinance, the Enrollment Department, may release confidential information of a Tribal Member for legal services, health care, and Indian Child Welfare related cases, only when a formal written request is received. In addition, all addresses, phone numbers, Tribal roll numbers, Membership status, and date of birth shall be kept confidential except for official Tribal office correspondence. All other information is classified confidential and shall not be released without a signed authorization for release of information from the said Tribal member. Section 18. Tribal Membership Register The Tribal Membership Register shall consist of the first and last names and Membership classifications of all enrolled Tribal Members and shall be prepared by the Enrollment Department and reviewed by the Enrollment Committee and certified by the Tribal Council on an annual basis. All Tribal Members may review the Tribal member register. Section 19. Tribal Membership Roll The Tribal Membership roll shall contain the names and identification information of all enrolled members of Enterprise Rancheria, Estom Yumeka Maidu Tribe. The Membership roll shall be prepared and maintained on a continual basis, reflecting the names of all enrolled members, their membership category, tribal roll number, date of birth, gender, address,phone number parentage, other names the person has used,and any other information required by the Enrollment Committee. The Enrollment Committee and the Tribal Council shall certify the Tribal Membership roll annually

13 (b) The certified Membership Roll shall be used for any and all official Tribal purposes. as the Tribal Council may deem appropriate and specifically authorize. The certified membership roll is a non-exempt tribal record and may be viewed in accordance with the Enterprise Rancheria Records Access Ordinance section 5 (b). Section 20. Membership Information Changes & Corrections The Enrollment Department is authorized to update and make corrections to the information on the Membership Roll. It is the responsibility of the Tribal Member or their Legal Guardian, not the Tribe s, to notify Enterprise Rancheria s Enrollment Department and provide documentation for any and all changes involving name, address and changes in custody or guardianship. The following documentation is deemed adequate for such actions to be taken: (b) (c) (d) (e) (f) Name Change - official documentation or, a notarized affidavit from the individual explaining the name change, or documentation showing change in marital status. Address Change - The Tribal member or his/her guardian must contact the Tribal office in writing. If a minor tribal member lives with a non-native parent, we will keep both parents addresses on file for that child. Change of Custody/Legal Guardianship A court order, or proof of operation of state law, i.e.,death of primary custodial parent. Death A death certificate, mortuary record, or a hospital record. Acceptance of Membership, Forfeiture of Membership, Re-Enrollment, Relinquishment, and Dis-enrollment - Shall require a resolution by the Tribal Council before the Tribal Membership Roll can be updated by the Enrollment Department. Blood Degree calculations can be adjusted by the General Council pursuant to Article III, Section 5 of the Tribal Constitution. Section 21. Proof of Paternity A birth certificate shall not be accepted as proof of paternity unless it has the father s name on it. Where a birth certificate does not prove paternity to establish eligibility for Tribal Membership, proof may be established by any one of the following documents: (1) Decree issued by a court of competent jurisdiction establishing paternity of the child; or (2) DNA test results that are legally sufficient under state law to confirm that the alleged father is the biological father of the child

14 Section 22. Dual Membership Prohibited Dual Membership - Upon receiving written confirmation from a Federally Recognized Indian Tribe that a Tribal member or an applicant for Membership is currently a Tribal Member of another Federally Recognized Indian Tribe, the Enrollment Department shall issue a written notice within ten (10) working days to the Tribal member and/or applicant requesting that they must provide written proof of his or her relinquishment of Membership in the other tribe, within ninety (90) working days of the date of receipt of the notice.the Tribal Member must also provide, within ninety (90) working days of the date of receipt of the notice, written proof that they have never received benefits or services as an adult member from another Federally Recognized Indian Tribe or their Tribal Membership will be terminated or they will be deemed ineligible for Tribal Membership, as the case may be. If the member or applicant fails to provide written proof of relinquishment of Membership and/or written proof of Benefits and Services received in the other tribe, the Enrollment Committee shall present the matter for action to the Tribal Council at their next duly called meeting. If a determination to forfeit Membership or deny an application is made pursuant to this section, the Tribal Council shall instruct the Enrollment Department to send notice of the decision and action within ten (10) working days to the Tribal member or applicant. The Notice of Forfeiture shall inform the person who s Membership has been forfeited, of the right to appeal the decision, and shall include the appeal procedures, in accordance with this Ordinance. Section 23. Forfeiture of Membership Forfeiture of Membership - If the Enrollment Committee discovers that a Tribal member was erroneously, fraudulently, or otherwise incorrectly enrolled, they shall forward the matter to Tribal Council for their review and determination. Tribal Council shall then instruct the Enrollment Department to provide written notice of the suspension of membership Tribal Council s decision within ten (10) working days to the individual. The Tribal Council shall make a determination of forfeiture of membership on the behalf of the suspended member. The Notice of Suspension forfeiture shall inform the person individual who s Membership has been suspended forfeited of the right of appeal and shall include the appeal procedures of this Ordinance within thirty (30) working days of the Tribal Council s decision. Section 24. Relinquishment of Membership Any Tribal member who wishes to voluntarily relinquish his or her Membership in the Tribe shall submit in person a written and signed relinquishment form or by a notarized

15 affidavit of relinquishment to the Enrollment Department, which shall inform the Enrollment Committee and the Tribal Council. The Tribal Council shall process the request. The Tribal Council shall then direct by resolution the Enrollment Department to adjust the enrollment records accordingly, and to send a notice confirming the relinquishment of Tribal Membership within ten (10) working days, to the person that has requested to relinquish his or her Tribal Membership. (b) (c) (d) All individuals eighteen (18) years or older who relinquished their membership with the Tribe are eligible for Re-enrollment under Article III, Section 3(b) of the Tribal Constitution. A parent/legal guardian may relinquish Membership of his or her minor child, but such child shall become eligible to apply for Membership again upon reaching eighteen (18) years of age. The parent shall submit a written and signed relinquishment form on behalf of the minor child, to the Enrollment Department, which shall give notice to the Enrollment Committee and the Tribal Council. The Tribal Council shall process the request. The Tribal Council shall then direct by resolution the Enrollment Department to adjust the enrollment records accordingly, and to send a notice confirming the relinquishment of Tribal Membership within ten (10) working day of the regularly called meeting, to the person that has requested to relinquish his or her Tribal Membership Relinquishment of an individual s Membership shall not affect the Membership eligibility of the former member s descendants. Section 25. Dis-Enrollment Grounds for Dis-Enrollment (1) Dis - Enrollment is limited to members who have been convicted of a violent felony or who have acted in a willful and malicious manner that might cause or has caused serious damage to the tribe. Refer to Article III, Section7 Dis-enrollment in the Tribal Constitution. (b) Process of Dis-Enrollment (1) As soon as the Enrollment Committee becomes aware that a Tribal Member might be subject to sub-part of this Section and the Tribal Constitution, they shall forward the matter to the Tribal Council for review. (2) If the Tribal Council finds that there is adequate evidence for the Dis-Enrollment process to begin, they shall set a hearing before the General Council. The Tribal Council shall then instruct the Enrollment Department to provide the member who could be Dis-enrolled thirty (30) working days written notice of the date and time of the hearing. The notice shall include a description of the allegations against him or her,the specific Tribal Laws, if any, that were violated, the evidence received by the Tribal Council that

16 support the grounds for Dis-enrollment.All Tribal Membership rights shall be suspended, until the decision of the General Council. (e) The member, who could be Dis-enrolled, shall have the right to a fair hearing including, but not limited to, the right to face his or her accusers in an Executive Session General Council Meeting. Everyone except for the General Council shall be excluded from the room for deliberations, including the accused and any accusers. (4) The burden of proof for Dis-enrollment of a Tribal member shall lie with the Tribe. As soon as the Tribal Council becomes aware that a Tribal Member might be subject to Subsection 2 above and the Tribal Constitution, they shall forward the matter to an appointed entity to investigate and gather all documentation of the allegations for dis-enrollment. (5) Only the General Council may Dis-enroll a member of the Tribe. The General Council shall order Dis-enrollment only after holding a duly called and noticed Executive General Council meeting where a three quarters (¾) majority of the eligible voters present vote in favor of Dis-enrollment. (6) The Dis-enrollment hearing shall be conducted in accordance as prescribed in the Enrollment Policies and Procedure Manual. (7) Subsequent to the General Council meeting the Tribal Council shall instruct the Enrollment Department to send the Tribal Member notification of the decision by the General Council within ten (10) working days. A Notice of Dis-enrollment shall include the right of appeal and shall include the appeal procedures of this Ordinance. Section 26. Appeals Dis-Enrollment Appeals (1) All individuals who have been Dis-enrolled or whose Membership has been suspended or forfeited pursuant to this Ordinance, shall have the right to appeal the decision of the General Council, only when any additional information or pertinent documents that support their claim or provide evidence or eligibility for enrollment; that was not previously furnished is provided. (2) Appeals must be made in writing and filed with the Tribal Council within thirty (30) working days after receipt of a Notice of Decision Dis-enrolling the membership. The appeal must state all facts relating to the individual s claim and may include any additional information, documents or argument that support their claim or provide evidence of eligibility for enrollment that was not previously furnished to the General Council. The burden of proof is with the appellant. (3) When the Tribal Council has received the appeal, they shall set a hearing before the General Council. The Tribal Council shall then instruct the Enrollment Department to issue a thirty (30) working days written notification to the

17 appellant of the date of the meeting. The appellant shall be provided with due process, and shall have the right to speak on his or her own behalf. The appellant has the right to make up a packet containing all information and supporting documentation regarding their case for the General Council members to review at the hearing. (4) Appeals shall be heard at a duly called and noticed Executive Session General Council meeting. To overrule the prior decision three quarters (¾) majority of those present must vote in favor of the appellant. (5) The Tribal Council will instruct the Enrollment Department to send the appellant Notice of Decision of the General Council s determination. The decision of the General Council is final and binding upon the Tribe. (6) To overrule the prior decision, three quarters (¾) majority of those present must vote in favor of the appellant. The Tribal Council will instruct the Enrollment Department to send the appellant Notice of Decision of the General Council s determination. The decision of the General Council is final and binding upon the Tribe. (7) Any re-instated individuals shall have the status that of a Non-Voting Lineal. (8) Any re-instated individuals will not be eligible to receive revenue sharing and/or per capita payments for the first Five (5) years of enrollment. (b) All Other Enrollment Appeals (1) All other Enrollment appeals, shall be directed to the Tribal Council. All individuals will have 15 days from the date of notice to appeal a decision by submitting a written request for a hearing before the Tribal Council. The hearing will be scheduled at the next regular monthly Tribal Council meeting for which the Tribal Council has at least 7 days to respond back to the individual after a decision has been made. If the applicant is not satisfied with the Tribal Council decision, the individual may appeal to the General Council within 15 days of their receipt of Tribal s Council s decision. The individual will be placed on the next regularly scheduled General Council agenda. The applicant will be notified within 7 days of the General Council s decision. The General Council s decision is final and binding. Section 27. Effective Date This Ordinance shall take effect on the date on which it is approved by a two-thirds majority of Tribal Council

18 Section 28. Amendment This Ordinance may be amended by a two-thirds vote of Tribal Council or through the referendum process provided under Article XI, Section 1 of the Tribal Constitution. Section 29. Severability If any provision of this Ordinance shall in the future be declared invalid by a court of competent jurisdiction, the invalid provision or provisions shall be severed and the remaining provisions shall continue in full force and effect Section 30. Repeal of Prior Inconsistent Enactments This Ordinance repeals any prior Enrollment Ordinance of the Tribe as well as any provision of any other Ordinance, resolution, or official enactment that is inconsistent with the terms of this Ordinance. Section 31. Sovereign Immunity Nothing in this Ordinance is intended to, nor shall this Ordinance be construed to in anyway waive or diminish the sovereign immunity of the Enterprise Rancheria, Estom Yumeka Maidu Tribe

19 Certification I, the undersigned, as the Tribal Chairperson of Enterprise Rancheria, Estom Yumeka Maidu Tribe, do hereby certify that the foregoing Ordinance was amended at a duly called meeting of the Tribal Council, at which a quorum was present on April 17, 2011 by a vote of 6 For, 0 Against, 1 Abstaining. April 17, 2011 Glenda Nelson, Tribal Chairperson Date Attested to by: April 17, 2011 Cindy Smith, Tribal Secretary Date

20 Temporary Moratorium on Acceptance and Processing of Applications for Enrollment by the Enterprise Rancheria General Council Notwithstanding anything in the Enrollment Ordinance to the contrary, there shall be a moratorium on the acceptance of applications for enrollment, and their processing, by the Enrollment Committee for the following period: April 25, 2009 until midnight of April 25, No applications shall be accepted or processed by the Enrollment Committee or any other Tribal Governmental entity during such period unless they comply with the following three provisions: 1. The Enrollment Application submitted is a direct lineal descendant of a duly enrolled Tribal Member as of April 25, The Enrollment Application submitted is a direct lineal descendant of a formerly duly enrolled Tribal Member before April 25, The Enrollment Applicant submitted is direct lineal descendant of a duly enrolled Tribal Member as of April 25, 2009 on behalf of a minor under the age of 18 years old or has been submitted no later than ninety (90) days after turning the age of 18. This moratorium shall remain in effect until midnight of April 25, 2024, unless it is amended or subsequently altered by the General Council of the Enterprise Rancheria at a duly called meeting at which a quorum is present or by referendum in accordance with Tribal Law. CERTIFICATION I, the undersigned, as Tribal Chairperson of the Enterprise Rancheria Estom Yumeka Maidu Tribe do herby certify that at the Quarterly General Council Meeting, duly scheduled, noticed, and convened General Council Meeting constituting a quorum, held on this 8 th day of Feb, 2014, was passed by a vote of 58 yes, 2 no, and 3 abstaining. February 10, 2014_ Glenda Nelson, Tribal Chairperson Date February 10, 2014_ Cindy Smith, Tribal Council Secretary Date