Chapter 1.04 ENROLLMENT CODE

This chapter shall be known as the Puyallup Tribal Enrollment Code. It is intended to implement Article II of the Puyallup Tribe of Indians Constitution and Bylaws. [Res. 190894-E (08/19/94); prior code § 1.03.010]

1.04.020 Definitions.

Words of this chapter shall have the meaning given them in this section unless the context clearly indicates another meaning. If the meaning of a word is not clear, the Court shall construe the meaning of the word in harmony with the purposes of this chapter.

(a) “Administrative error” means an error caused by governmental officials because of omission or mistake.

(b) “Adopted child” means a child born to an enrolled member of the Puyallup Tribe of Indians who has lost both parents either by death or legal termination of parental rights and has been legally adopted by another.

(c) “Adopted member” means a child born to an enrolled member of the Puyallup Tribe of Indians who has lost both parents either by death or legal termination of parental rights and has been legally adopted by another, or a person adopted by the Puyallup Tribe for membership during such time periods when membership adoptions were authorized by the Puyallup Tribe.

(d) “Adoption” means enrollment into the Tribe, under the procedures and standards set forth in Subchapter 2 of this chapter, of a person who does not meet the eligibility requirements of Article II, Section 1 of the Constitution of the Puyallup Tribe.

(e) “Child” or “children” means the natural child(ren) of an enrolled member.

(f) “Committee” or “Enrollment Committee” means the Puyallup Tribe Enrollment Committee.

(g) “Council” or “Tribal Council” means the Tribal Council of the Puyallup Tribe of Indians.

(h) “Deceit” means a misleading falsehood.

(i) “Director” or “Enrollment Director” means the Enrollment Director of the Puyallup Tribe of Indians.

(j) “DNA” is defined as deoxyribonucleic acid and is used to test for parentage, with a 99.99 percent accuracy level.

(k) “Enrolled member” means a person whose name appears on the Official Tribal Roll of the Puyallup Tribe of Indians.

(l) “Forfeit” or “forfeiture” means the loss of membership by virtue of the failure to relinquish membership in another Indian nation, tribe, band, pueblo, village, corporation or rancheria as provided in Article II, Section 2 of the Constitution of the Puyallup Tribe.

(m) “Fraud” means an intentional deception resulting in injury to another person.

(n) “Justiciable” means a matter appropriate for Court review.

(o) “Member” means a person who qualifies for membership in the Puyallup Tribe under the standards set forth in Article II, Section 1 of the Constitution of the Puyallup Tribe.

(p) “Minor” means a person under the age of 18.

(q) “Official Tribal Roll” means the formal list of members of the Puyallup Tribe maintained by the Enrollment Department of the Puyallup Tribe, which list contains all names of persons approved for membership by the Puyallup Tribal Council.

(r) “Relinquish” or “relinquishment” means the loss of membership in another Indian nation, tribe, band, pueblo, village, corporation or rancheria as provided in Article II, Section 3 of the Constitution of the Puyallup Tribe, by virtue of the voluntary written surrender of that membership. [Res. 180511 (05/18/11) §§ 1 – 5, 32; Res. 080909E (09/08/09) § 1; Res. 190894-E (08/19/94); prior code § 1.03.020]

Subchapter 2. Enrollment Committee

1.04.030 Enrollment Committee.

(a) The Enrollment Committee shall be composed of seven members: five elder voting members and two facilitating members (Enrollment Director and Secretary). The elder voting members cannot serve on the Enrollment Committee and the Elders Reconsideration Hearing Panel at the same time, for purposes of reviewing enrollment applications and enrollment appeals, for the same enrollment applicant. Each member of the seven-member committee is to be paid a stipend for committee meetings attended in accordance with the Puyallup Tribe’s Committee, Commission and Board Rules and Policies. The Tribal Council shall appoint the members of the Committee, each of whom shall serve at the Tribal Council’s discretion.

(b) The date and time of regular Committee meetings shall be the Wednesday following the first Friday of each month starting at 12:00 p.m. The schedule of regular meetings shall be posted by the Enrollment Director at the Enrollment Department’s office, in conspicuous places at the Tribal Administration Building and on the Tribe’s website, if available. Changes may be made as necessary in the date or time for any regular meeting; provided, notice of changes in the meeting schedule shall be posted in the locations stated above in advance of the changed meeting date or time. The Committee may also call special meetings as needed to conduct its business, provided notice of any special meetings is posted in advance of a special meeting. [Res. 250719 (07/25/19); Res. 251113 (11/25/13) Appx. A; Res. 180511 (05/18/11) § 31; Res. 080909E (09/08/09) § 2; Res. 150296-A (02/15/96); Res. 190894-E (08/19/94); prior code § 1.03.110]

1.04.040 Duties of the Enrollment Committee.

The Committee, together with the Enrollment Director, shall be responsible for researching applications for enrollment, for recommending Tribal Council action concerning such applications, and for ensuring the preparation and maintenance of the Tribal Roll. The Enrollment Committee shall also, from time to time, recommend to the Tribal Council appropriate ordinances or regulations governing procedures authorized by this chapter. [Res. 190894-E (08/19/94); prior code § 1.03.120]

1.04.050 Final determination by Council.

Final determination of all enrollment matters shall remain with the Tribal Council, except for those cases where reconsideration is requested to the Elders Reconsideration Hearing Panel. [Res. 180511 (05/18/11) § 31; Res. 080909E (09/08/09) § 3; Res. 190894-E (08/19/94); prior code § 1.03.130]

1.04.060 Enrollment Director.

The Tribal Council shall appoint an Enrollment Director to work with the Enrollment Committee in researching applications for enrollment, reporting on such applications, preparing and maintaining the Tribal Roll and performing such other actions as are appropriate to further the purposes of this Code. [Res. 190894-E (08/19/94); prior code § 1.03.140]

1.04.070 Burden of proof.

The burden of proof shall be upon the applicant for membership or member facing disenrollment to establish every element of his/her eligibility for enrollment or qualification to retain enrollment. The applicable standard of proof required is a “preponderance of the evidence.” [Res. 180511 (05/18/11) § 6]

1.04.080 Confidentiality of records.

All enrollment records are confidential, including but not limited to Progeny database information (“Progeny” is the Enrollment Department’s database) and meeting minutes. These records shall be used only for enrollment purposes. The following persons may examine enrollment records:

(a) Enrollment personnel;

(b) Tribal Council;

(d) Enrollment applicants (examining their own files). Enrollment applicants are not entitled to look at attorney-client privileged documents; external agency documents; Enrollment Committee communications; Tribal Council communications; Puyallup Tribal inter-office departmental communications; and Enrollment Department (internal) communications;

(e) Other enrolled tribal members (examining their own files). Enrolled Tribal members are not entitled to look at attorney-client privileged documents; external agency documents; Enrollment Committee communications; Tribal Council communications; Puyallup Tribal inter-office departmental communications; and Enrollment Department (internal) communications; and

(f) The Per Capita Department, that will receive a copy of the application for enrollment, the Social Security number, and live birth certificate for each child enrolled on a monthly basis to facilitate adding the children to the Per Capita Database for check distribution.

(1) The Per Capita Department will also receive a copy of the resolution approving disenrollment/relinquishment from the other Tribe where the member disenrolled/relinquished, when applicable.

Access to the files not authorized by the Enrollment Department shall result in immediate termination of employment with the Puyallup Tribe of Indians. Any person so terminated shall be afforded due process consideration, pursuant to the Puyallup Tribal Personnel Policies and Procedures Manual. [Res. 260917 (09/26/17); Res. 051016A (10/05/16); Res. 180511 (05/18/11) § 7]

Subchapter 3. Enrollment Generally

1.04.090 Qualification for enrollment.

Any person who satisfies the requisites for Tribal membership as set forth in Article II of the Constitution and Bylaws of the Puyallup Tribe shall be eligible for enrollment in the Puyallup Tribe of Indians. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.210. Formerly 1.04.070]

1.04.100 Prohibitions – Loss of Tribal membership.

No person shall be eligible for enrollment in the Puyallup Tribe of Indians if:

(a) He/she is enrolled in another Indian nation, tribe, band, pueblo, village, corporation, or rancheria, including Canadian tribe, unless he/she has relinquished his/her membership in such Indian nation, tribe, band, pueblo, village, corporation, rancheria, or Canadian tribe, and has provided proof of the same to the Puyallup Tribe’s Enrollment Department;

(b) His/her membership was gained by fraud or deceit; or

(c) He/she was erroneously enrolled based on administrative error. [Res. 180511 (05/18/11) §§ 8, 32; Res. 080909E (09/08/09) § 4; Res. 190894-E (08/19/94); prior code § 1.03.220. Formerly 1.04.080]

1.04.110 Disenrollment.

A tribal member who is found to be erroneously enrolled, gained membership by fraud or deceit, or is a member of another Indian nation, tribe, band, pueblo, village, corporation, or rancheria, including Canadian tribe, and found not to be eligible for tribal membership pursuant to the Puyallup Tribe’s membership requirements, shall be subject to immediate disenrollment and shall have all privileges of membership suspended. [Res. 180511 (05/18/11) §§ 9, 32; Res. 080909E (09/08/09) § 5; prior code § 1.03.230. Formerly 1.04.090]

Subchapter 4. Enrollment Procedure

1.04.120 Basic enrollment procedure.

The Enrollment Director shall establish a written procedure designed to implement the purposes of this chapter and which shall include provision for the following:

(a) Application forms for enrollment shall be provided by the Tribal Enrollment Office. The deadline for submitting an enrollment application with all required documentation to the Enrollment Department for review by the Enrollment Committee is 5:00 p.m. on the first Friday of every month. A person seeking enrollment shall submit to the Enrollment Office the completed application together with a state-certified copy of his or her birth certificate, appropriate genealogical information, or other evidence which may assist the Enrollment Director. The original application and all supporting documentation shall remain on file in the Enrollment Department. The completed application must include the signature of the Puyallup Tribal parent, if the applicant is a minor. If the minor is under court supervision in a dependency proceeding through Puyallup Tribal Children’s Services (“PTCS”) or the Department of Social and Health Services (“DSHS”) through the state of Washington, the enrollment application shall be signed only by the assigned PTCS Social Worker or by the ICW Worker assigned to the DSHS matter. The applicable worker must submit a completed application, a certified copy of the birth certificate, available DNA test results, and any other information which will assist the Enrollment Director. The burden to complete the enrollment process lies with the applicable worker, as they are acting in loco parentis.

(b) Each application form shall be assigned a number upon its receipt and marked with the date received. A file shall be opened for each applicant.

(c) The Enrollment Director may take whatever action he or she deems necessary to obtain documents or information required for completion of an application. In the case of an applicant who is or was an enrolled member of another tribe, his/her application shall not be deemed complete until the applicant has provided the Director with a certified copy of the resolution (or similar action) enacted by the Tribal Council (or equivalent body) of the applicant’s tribe confirming that the applicant has relinquished membership in that tribe and that the relinquishment has been accepted by that tribe. Such actions are the responsibility of the applicant.

(d) If an applicant is enrolled in another tribe, and that tribe has conditional relinquishment procedures, an applicant can conditionally relinquish his/her membership in that other tribe, pending acceptance or denial for membership in the Puyallup Tribe. The applicant is required to submit a certified copy of the conditional relinquishment from the other tribe. If the applicant is accepted for membership in the Puyallup Tribe, the other tribe must submit a certified copy of the resolution (or similar action) enacted by the Tribal Council (or equivalent body) of the applicant’s tribe confirming that the applicant has relinquished membership in that tribe and that the relinquishment has been accepted by that tribe. Such actions are the responsibility of the applicant. Until the final relinquishment is received, the file will be considered to be incomplete. All timelines for incomplete applications are applicable.

(e) Incomplete applications shall be placed in a pending status and the applicant shall be notified that the application must be completed within 90 days of the initial application, absent some urgent circumstance, such as hospitalization or other reason beyond the control of the applicant. Upon receipt by the Enrollment Director of a request for extension due to circumstances beyond the control of the applicant, an extension may be granted for an additional 90 days from the date that the request is approved.

(f) In cases where an application has been pending beyond the 90-day period and any extension given, and all reasonable efforts have been made to remove it from a pending status, the Enrollment Committee shall recommend to the Tribal Council that it serve by certified mail and by publication an order to show cause why the file should not be closed and the application removed from pending status and returned to the applicant’s last known address.

(g) If enrollment is sought for a child in the Puyallup Tribe, the purported father shall take and submit a DNA test. Initially, the costs of DNA testing will be covered by the Puyallup Tribe at an approved testing center, approved for enrollment purposes. Subsequently, costs for DNA testing shall be paid by the purported father, if the child is not his biological child, and shall be deducted from his future per capita payments. If the child is the father’s biological child, costs for DNA testing shall be deducted from the Enrollment Department budget. All timelines in this section are applicable to DNA testing and submission of results. All DNA test results shall remain confidential at the Enrollment Office. The Enrollment Office may require an applicant’s mother to submit a DNA test if there is a question regarding maternity.

(h) If enrollment is sought for a child in the Puyallup Tribe, and the minor is under court supervision in a dependency proceeding through Puyallup Tribal Children’s Services (“PTCS”) or the Department of Social and Health Services (“DSHS”) through the state of Washington, the assigned PTCS Social Worker or the ICW Worker assigned to the DSHS matter must obtain DNA testing of the purported parent(s) at an approved testing center if the minor is not yet enrolled and is potentially eligible for enrollment. The assigned caseworker shall make every effort possible to obtain DNA testing at an approved testing center. If this is not possible, DNA testing of the parent(s) may be obtained through inter-office testing methods as a last resort. The assigned caseworker must document all efforts made to obtain DNA testing at an approved testing center, through a showing of attempts to serve the parents via certified mail with notice of testing necessity, and through personal service via process server.

(i) If enrollment is sought by an adult who discovers that he/she may be eligible for membership in the Puyallup Tribe, he/she may request DNA testing. “Alleged” parent(s) of the adult applicant may be tested to assess whether the applicant is eligible for membership. “Alleged” relatives may also be tested, if necessary to determine the applicant’s eligibility for membership. DNA testing costs will be paid by the Puyallup Tribe if the applicant is eligible for membership. If not, DNA testing costs will be paid by the applicant. [Res. 231019B (10/23/19); Res. 251113 (11/25/13) Appx. A; Res. 291111 (11/29/11); Res. 251011 (10/25/11); Res. 180511 (05/18/11) §§ 10 – 14, 32; Res. 080909E (09/08/09) §§ 6, 7; Res. 130104 (01/13/04); Res. 150296-A (02/15/96); Res. 190894-E (08/19/94); prior code § 1.03.310. Formerly 1.04.100]

1.04.130 Report and recommendation on application.

A report shall be prepared by the Enrollment Director regarding the merit of each completed application. The report, together with supporting documentation and information, shall be submitted to the Enrollment Committee on a monthly basis.

(a) Applications for enrollment must be made within one calendar year after the child’s birth.

(b) If an applicant is unaware of his/her Puyallup ancestry by reason of adoption or other circumstances, the individual must make application for membership within 90 days after becoming aware of his/her Puyallup ancestry. Examples of “other circumstances” include, but are not limited to, the following:

(1) A person was raised by a person other than his/her parents and was not adopted. Later in life, this person discovered that he/she had a Puyallup parent, and petitioned for enrollment;

(2) A person did not know his/her father and discovered later in life that his/her father was a member of the Puyallup Tribe, and attempted to become enrolled;

(3) A person did not know his/her mother and discovered later in life that his/her mother was a member of the Puyallup Tribe, and attempted to become enrolled; and

(4) A person knew his/her mother/father but did not know that his/her mother/father was his/her actual parent and discovered this later in life, and then attempted to become enrolled.

(5) A person was raised by a person other than his/her parent(s), and it was discovered that the person had a Puyallup parent, and is therefore eligible for enrollment. [Res. 180511 (05/18/11) §§ 15, 32; Res. 080909E (09/08/09) § 8; Res. 130104 (01/13/04); Res. 190894-E (08/19/94); prior code § 1.03.320. Formerly 1.04.110]

1.04.140 Recommendation of Enrollment Committee.

The Enrollment Committee shall, upon reviewing the completed application, recommend in writing to the Tribal Council that the applicant either be accepted or rejected for enrollment as a member of the Puyallup Tribe of Indians. Such recommendation shall include the reasons for the proposed acceptance or rejection. The Committee shall consider each application and forward its recommendations to the Tribal Council on a monthly basis. The deadline for submitting an enrollment application with all required documentation to the Enrollment Department for review by the Enrollment Committee meeting is 5:00 p.m. on the first Friday of every month. The deadline for submitting an enrollment application is extended to the following Tuesday, after a first Friday, in instances where Administration Offices are closed. [Res. 231019B (10/23/19); Res. 171116A (11/17/16); Res. 251113 (11/25/13) Appx. A; Res. 180511 (05/18/11) § 32; Res. 080909E (09/08/09) § 9; Res. 130104 (01/13/04); Res. 190894-E (08/19/94); prior code § 1.03.330. Formerly 1.04.120]

1.04.150 Action by Tribal Council.

The Tribal Council shall review the recommendation of the Enrollment Committee, the reports submitted by the Enrollment Director and other pertinent material in sessions designed to protect the applicants’ confidentiality. Tribal Council review is limited to those applications timely submitted to the Enrollment Department by 5:00 p.m. on the first Friday of each month. The Tribal Council shall complete its review and shall by majority vote either accept or reject each applicant for membership in the Puyallup Tribe of Indians. The Tribal Council shall take action on recommendations on a monthly basis. The Tribal Council shall then prepare three original resolutions for each applicant it has accepted and certify it to the proper agencies after September 30th of each fiscal year. Requests by individual applicants submitted directly to the Tribal Council shall be delivered to the Enrollment Department for processing and review by the Enrollment Committee prior to consideration or action by the Tribal Council. [Res. 231019B (10/23/19); Res. 251113 (11/25/13) Appx. A; Res. 180511 (05/18/11) §§ 16, 32; Res. 080909E (09/08/09) § 10; Res. 130104 (01/13/04); Res. 150296-A (02/15/96); Res. 190894-E (08/19/94); prior code § 1.03.340. Formerly 1.04.130]

1.04.160 Enrollment status.

All applicants granted enrollment status shall be included in Tribal resolutions designating the Tribal Roll, marked as such on each page and submitted to the Director for addition to the Official Tribal Roll. Rights accruing to an applicant upon the acceptance of his or her application for membership into the Puyallup Tribe of Indians shall be prospective only. [Res. 180511 (05/18/11) § 32; Res. 080909E (09/08/09) § 11; Res. 190894-E (08/19/94); prior code § 1.03.350. Formerly 1.04.140]

1.04.170 Notification to applicant.

The Director shall notify the applicant by regular and certified mail or by personal service through a process server at the Director’s discretion of the Tribal Council’s decision no later than 30 days following the date of the resolution. At this same time, the applicant shall also be notified that he/she has a reconsideration hearing before the Elders Reconsideration Hearing Panel (automatically set) no later than 15 days after the notice is mailed, if enrollment is denied. The applicant has a duty to keep the Enrollment Department apprised of his/her current address. If service through mail or via process server is not possible, the Director shall send notice by publication one time in a newspaper in the jurisdiction of his/her last known address. [Res. 180511 (05/18/11) §§ 17, 32; Res. 080909E (09/08/09) § 11; Res. 190894-E (08/19/94); prior code § 1.03.360. Formerly 1.04.150]

Subchapter 5. Reconsideration

1.04.180 Notice of rehearing to include.

The notice of hearing on reconsideration shall inform the person affected of his or her right to appear with or without representation or assistance and of the right to submit additional evidence regardless of its source. The additional evidence, however, must be submitted at least three days before the hearing in order to allow the Elders Reconsideration Hearing Panel time to consider it. New evidence may be submitted at the time of hearing upon a showing of exceptional circumstances making it unjust not to receive the new evidence. [Res. 180511 (05/18/11) § 31; Res. 080909E (09/08/09) § 14; Res. 040805 (08/04/05); Res. 190894-E (08/19/94); prior code § 1.03.430]

1.04.190 Procedure following rehearing.

After the hearing on reconsideration concludes the Elders Reconsideration Hearing Panel shall immediately meet in closed session to determine whether the Tribal Council’s previous decision shall be affirmed or reversed. The Elders Reconsideration Hearing Panel shall notify the applicant of its decision on reconsideration by mailing notice to him or her no later than 10 days following the date of the hearing. The Elders Reconsideration Hearing Panel shall provide a short explanation of the reasons for its decision to be included with the notification to the applicant, and shall provide the Enrollment Office with a copy of said decision. An applicant’s attendance at the hearing is not mandatory, and will not prevent the Elders Reconsideration Hearing Panel from taking action and rendering a decision. The Elders Panel decision shall be sent to the Tribal Council within 10 days of its issuance. The Tribal Council shall review all final decisions of the Elders Reconsideration Hearing Panel. The Tribal Council’s review shall be limited to the sole issue of whether the Panel’s decision violates the Puyallup Tribal Constitution. If the Elders Reconsideration Hearing Panel decision violates the Constitution, the Tribal Council shall decline to recognize the decision, due to being legally void under the Tribal Constitution. A Tribal Council decision declining to recognize a decision of the Elders Reconsideration Hearing Panel shall be final and not subject to further review. The Tribal Council’s final decision is not justiciable in any court of law and there is no right of appeal to Puyallup Tribal Court. The exclusive sovereignty of the Puyallup Tribe makes it the sole determiner of eligibility for membership in the Puyallup Tribe. [Res. 280819 (08/28/19); Res. 180511 (05/18/11) § 19; Res. 080909E (09/08/09) § 15; Res. 040805 (08/04/05); Res. 190894-E (08/19/94); prior code § 1.03.440]

Subchapter 6. Representation by Others

1.04.200 Representation of children or incompetent persons.

Any interested party may submit an application for enrollment on behalf of a person who is under 18 years of age or is physically disabled or mentally incompetent. [Res. 180511 (05/18/11) §§ 21, 32; Res. 190894-E (08/19/94); prior code § 1.03.510. Formerly 1.04.210]

1.04.210 Notice to interested parties.

Upon receipt of an application for enrollment on behalf of a child or incompetent person, the Director shall notify, in writing, the parent(s) and the guardian or legal custodian of the person nominated for enrollment of the pending application. The notice shall inform such interested persons of their right to participate in the proceedings and to present evidence either in favor of or against the granting of the application. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.520. Formerly 1.04.220]

1.04.220 Representation by others.

All applicants for enrollment may be represented by legal counsel or other responsible persons. The cost of such representation shall be borne by the applicant. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.530. Formerly 1.04.230]

Subchapter 7. Adoption

1.04.230 Rights of adopted members.

An individual who was adopted into the Puyallup Tribe of Indians is entitled to and accorded full membership rights, prospectively, from the date of adoption forward, regardless of the fact that the Adoption Subchapter is currently repealed*. [Res. 180511 (05/18/11) § 22]

1.04.240 Adoption is not a basis for disenrollment.

An individual who was adopted into the Puyallup Tribe of Indians, before repeal of this subchapter*, shall not be disenrolled on the basis of his/her status as an adopted Tribal member. The laws in effect at the time of the member’s adoption are the applicable laws. [Res. 180511 (05/18/11) § 22]

* Code reviser’s note: The Adoption Subchapter, as set out by Res. 190894-E, was repealed by Res. 150296-A.

Subchapter 8. Changes in the Roll

1.04.250 Disenrollment process.

The Tribal Council shall remove from the Tribal Membership Roll each person who:

(a) Does not meet the eligibility requirements of Article II of the Constitution of the Puyallup Tribe, as amended;

(b) Is enrolled in another Indian nation, tribe, band, pueblo, village, corporation, or rancheria, including Canadian tribe (dual enrolled);

(d) Was erroneously enrolled based on administrative error; or

(e) Has filed a request to relinquish his or her membership in the Puyallup Tribe.

Any person so removed shall have no further rights and privileges of membership in the Puyallup Tribe. The Director has the authority, a responsibility and a duty to investigate all reports of fraudulent, mistaken or wrongful enrollment of a member who may not be eligible for enrollment. The Director also has the authority to request assignment of an investigator to examine the validity of all allegations. All complaints of fraudulent, mistaken or wrongful enrollment must be filed with the Director in either a notarized statement or a written statement witnessed by two persons, containing each witness’s name, address and phone number which will be clear and legible. All statements must include substantiating evidence of fraudulent, mistaken or wrongful enrollment, including but not limited to certified court orders, DNA evidence, or other credible, trustworthy and verifiable documents. [Res. 180511 (05/18/11) §§ 23, 32; Res. 080909E (09/08/09) § 17; Res. 190894-E (08/19/94); prior code § 1.03.810. Formerly 1.04.240]

1.04.260 Notice of intent to disenroll.

The Director shall send notice pursuant to PTC 1.04.270 to each member being considered for disenrollment under PTC 1.04.250 in the form of a notice to show cause why the member should not be considered for disenrollment. [Res. 180511 (05/18/11) §§ 24, 32; Res. 190894-E (08/19/94); prior code § 1.03.820. Formerly 1.04.250]

1.04.270 Process for service.

The Director shall cause each person to be served, by regular mail and certified mail, return receipt requested, or via personal service through a process server at the Director’s discretion. If notice is mailed, a presumption of a proper service via regular mail and certified mail exists due to the ongoing relationship between the Tribe and member, as represented by ongoing delivery of per capita payments, bonus checks, election mail and the Tribal Newspaper. This presumption is affirmed when there is no showing of returned mail to any of the applicable departments of the Puyallup Tribe. The Director shall note this in the file. If the person was served personally via process server, these presumptions are unnecessary. [Res. 180511 (05/18/11) § 25]

1.04.280 Notice by publication.

(a) If there is no proof that a member facing disenrollment is receiving notification pursuant to PTC 1.04.270, the Director shall cause the notice to show cause to be published in the official Tribal Newspaper. The notice shall be published once in the Newspaper.

(b) In the event the official Tribal Newspaper is not publishing regularly, the Director shall cause the notice of intent to disenroll to be published in a local newspaper of general circulation. This notice shall be published one time. [Res. 180511 (05/18/11) §§ 26, 32; Res. 190894-E (08/19/94); prior code § 1.03.830. Formerly 1.04.260]

1.04.290 Recommendations to Enrollment Committee.

The Director shall provide to the Enrollment Committee the names of those persons who are subject to disenrollment under the standards set forth in PTC 1.04.250 and the Tribal Constitution. The Director shall also provide conclusive proof of the grounds for loss of Tribal membership to the Enrollment Committee for their consideration. The Enrollment Committee shall conduct an emergency meeting to immediately consider and formulate a written recommendation to the Puyallup Tribal Council. [Res. 180511 (05/18/11) §§ 27, 32; Res. 190894-E (08/19/94); prior code § 1.03.840. Formerly 1.04.270]

1.04.300 Recommendation to Tribal Council.

The Enrollment Committee shall, in the case of each name on the Director’s list, vote to recommend approval or disapproval of disenrollment. The Committee shall then forward the list to the Tribal Council, together with the information provided by the Director and the recommendation of the Committee as to each individual. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.850. Formerly 1.04.280]

1.04.310 Action by Tribal Council.

The Tribal Council, in closed session and after due deliberation, shall, in the case of each name on the Director’s list, consider the recommendation of the Enrollment Committee, and vote to approve or disapprove disenrollment. Such vote shall occur no later than 10 days after the Council has received the recommendation from the Enrollment Committee. An action to disenroll a member shall be contained in a written resolution. [Res. 180511 (05/18/11) §§ 28, 32; Res. 150296-A (02/15/96); Res. 190894-E (08/19/94); prior code § 1.03.860. Formerly 1.04.290]

1.04.320 Notification of action by Tribal Council.

The Tribal Council shall mail to each person notice of the Council’s action in his or her case. The notice shall include either a copy of the Council resolution of disenrollment or confirmation that the individual has not been disenrolled. A disenrolled member shall also be notified that he/she has a reconsideration hearing before the Elders Reconsideration Hearing Panel (automatically set) no later than 15 working days after the resolution disenrolling him/her is adopted, as provided in PTC 1.04.330. This notice, sent by the Enrollment Director, shall be mailed by regular mail and certified mail, return receipt requested, no later than 15 working days following the Tribal Council’s action and contain the date, time and place of the reconsideration hearing. A presumption of a proper service via regular mail and certified mail exists due to the ongoing relationship between the tribe and member, as represented by ongoing delivery of per capita payments, bonus checks, election mail and the tribal newspaper. This presumption is affirmed when there is no showing of returned mail to any of the applicable departments of the Puyallup Tribe. The Director shall note this in the file. [Res. 180511 (05/18/11) §§ 29, 32; Res. 080909E (09/08/09) § 18; Res. 190894-E (08/19/94); prior code § 1.03.870. Formerly 1.04.300]

1.04.330 Reconsideration.

A member who has been disenrolled may attend the reconsideration hearing of such action. Procedures for reconsideration are set forth in PTC 1.04.180 and 1.04.190. A member’s attendance at the hearing is not mandatory, and will not prevent the Elders Reconsideration Hearing Panel from taking action and rendering a decision. The disenrolled member shall receive written notice of the Elders Reconsideration Hearing Panel decision after the hearing. The Elders Reconsideration Hearing Panel decision shall be sent to the Tribal Council within 10 days of its issuance. The Tribal Council shall review all final decisions of the Elders Reconsideration Hearing Panel. The Tribal Council’s review shall be limited to the sole issue of whether the Panel’s decision violates the Puyallup Tribal Constitution. If the Elders Reconsideration Hearing Panel decision violates the Constitution, the Tribal Council shall decline to recognize the decision, due to being legally void under the Tribal Constitution. A Tribal Council decision declining to recognize a decision of the Elders Reconsideration Hearing Panel shall be final and not subject to further review. The Tribal Council’s final decision is not justiciable in any court of law and there is no right of appeal to Puyallup Tribal Court. The exclusive sovereignty of the Puyallup Tribe makes it the sole determiner of eligibility for membership in the Puyallup Tribe. [Res. 231019A (10/23/19); Res. 180511 (05/18/11) §§ 30, 32; Res. 190894-E (08/19/94); prior code § 1.03.880. Formerly 1.04.310]

1.04.340 Removal of names of deceased persons from roll.

The Director shall remove from the Official Tribal Roll the name of each deceased Tribal member upon receipt of a copy of a Certificate of Death or other proof of death deemed reliable by the Tribal Council. The name of each such person shall be added to the list maintained under PTC 1.04.370. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.890. Formerly 1.04.320]

Subchapter 9. Miscellaneous

1.04.350 Opening closed files.

The Enrollment Director may open closed files in which applications were denied when new and substantial evidence is submitted which is supportive of the application. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.910. Formerly 1.04.330]

1.04.360 Addresses.

The applicant or his or her representative shall inform the Enrollment Director of changes in address and shall otherwise ensure that the Enrollment Director is able to locate the applicant or his or her representative. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.920. Formerly 1.04.340]

1.04.370 Lists of disenrolled and deceased persons.

The Director shall maintain separate lists of members who have been disenrolled and of members who have died. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.930. Formerly 1.04.350]

1.04.380 Construction.

This Code shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.940. Formerly 1.04.360]

1.04.390 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of its provisions to other persons or circumstances shall not be affected. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.950. Formerly 1.04.370]

1.04.400 Repeal.

All provisions of any Tribal ordinance, resolution or regulation previously enacted by the Puyallup Tribal Council which are inconsistent with this chapter or contradictory with its provisions are repealed. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.960. Formerly 1.04.380]

1.04.410 Effective date.

This chapter shall become effective on the thirtieth day of August, 1994. [Res. 180511 (05/18/11) § 32; Res. 190894-E (08/19/94); prior code § 1.03.970. Formerly 1.04.390]