Chapter 2.16
ADMINISTRATIVE ACCESS MANUAL – RECORDS OF THE ENROLLMENT OFFICE
Sections:
Subchapter 1. Generally
2.16.050 Governmental departments, entities, agencies, committees and contractors.
2.16.060 Bureau of Indian Affairs.
2.16.070 Protected information.
Subchapter 2. Application Process
2.16.080 Applications generally.
2.16.090 Applications specifically for names and addresses of Tribal members.
2.16.100 Types of accessible enrollment data.
2.16.120 Application approval or denial.
2.16.130 Confidentiality acknowledgement.
Subchapter 3. Penalties for Improper Disclosure
2.16.140 Unauthorized disclosure and penalty provisions.
Subchapter 1. Generally
2.16.010 Title and purpose.
This chapter shall be known as the “Administrative Access Code.” The purpose of this chapter is to uniformly address access requests by the Tribal government (its departments, entities, agencies, committees and contractors) for enrollment data kept at the Puyallup Tribal Enrollment Department for enrollment purposes. This chapter shall also establish a uniform process for handling enrollment data requests. This Administrative Access Code provides limited access to confidential data housed by the Enrollment Department, only for governmental purposes that benefit the Puyallup Tribe and its membership. It does not provide a venue for requests made from those who are outside of the Puyallup Tribe. [Res. 180511A (05/18/11) § 1]
2.16.020 Enrollment data.
Enrollment data that may be requested includes names, addresses, birthdates of Tribal members, enrollment numbers and blind statistical data for planning and other identified governmental purposes. [Res. 180511A (05/18/11) § 2]
2.16.030 Policy.
The Progeny database kept by the Enrollment Department is solely for enrollment purposes (Resolution No. 200111B) and is only open to authorized employees of the Enrollment Department. The Progeny database is never to be directly accessible to any other Tribal governmental department, entity, agency or contractor for any reason or purpose. This Code will create an administrative process for access to confidential data in a respectful manner, while maintaining the generally confidential nature of this data. [Res. 180511A (05/18/11) § 3]
2.16.040 Definitions.
Words in this chapter shall have the meaning given them in this section unless the context clearly indicates another meaning.
(a) “Applicant” is defined as a representative of Tribal governmental departments, entities, agencies, committees and/or contractors that seeks information under the Administrative Access Manual.
(b) “Confidential records” are all privileged information contained in the Enrollment Department, whether paper or electronic, and all information on the Progeny database.
(c) “Governmental purposes” are goals directed toward serving the government.
(d) “Independent contractors” are those persons employed to perform a specific function by a Puyallup Tribal program, who are not employees of the Puyallup Tribe.
(e) “Misuse” is defined as sharing data with any person other than the authorized recipient or using data for other than the authorized use granted by the Tribal Council. [Res. 180511A (05/18/11) § 4]
2.16.050 Governmental departments, entities, agencies, committees and contractors.
Confidential information stored in the Progeny database is useful to programs other than the Enrollment Department. Historically, Puyallup Tribal departments, entities, agencies, committees and contractors (hereafter “Tribal programs”) have regularly requested use of specific data from the Progeny database. Names and addresses have been requested for mail-outs to the Tribal membership for various governmental reasons.
Tribal programs are authorized access only for meeting governmental needs. Tribal programs that have historically requested enrollment data for legitimate governmental purposes are listed below:
(a) Per Capita Department;
(b) Election Committee;
(c) Mail-Out Committee;
(d) Various other Tribal committees;
(e) Puyallup Tribal Court;
(f) Puyallup Tribal Accounting;
(g) Grandview Early Learning Center;
(h) Chief Leschi School;
(i) Marine View Ventures;
(j) Tribal Administration;
(k) Puyallup Tribal Children’s Services;
(l) Historic Preservation;
(m) Fisheries Department;
(n) Shellfish Department;
(o) Wildlife Department; and
(p) Other Tribal programs with legitimate needs for enrollment data on a case-by-case basis. [Res. 180511A (05/18/11) § 5]
2.16.060 Bureau of Indian Affairs.
The Bureau of Indian Affairs (hereafter “BIA”) has a contractual relationship with the Puyallup Tribe and specifically with the Puyallup Tribal Enrollment Department. The Enrollment Department has a reporting obligation to the BIA and therefore the BIA is exempt from the application process. Social Security numbers of Tribal members are fully exempt from reporting to the BIA. [Res. 180511A (05/18/11) § 6]
2.16.070 Protected information.
The Enrollment Department shall not provide any of the following items of information in response to requests made under this Manual:
(a) Tribal Member Social Security numbers and other protected information that together would constitute an identifier that would compromise the confidential protections lawfully afforded all persons under Tribal and federal law.
(b) Certificates of Indian blood.
(c) Exceptions. The above information is accessible to the Tribal members for which it applies, which includes parents or guardians of children researching the particular child’s family tree. [Res. 180511A (05/18/11) § 7]
Subchapter 2. Application Process
2.16.080 Applications generally.
Applications for information can be granted to Tribal governmental departments, entities, agencies, committees and contractors if they demonstrate all of the following:
(a) A legitimate purpose that clearly supports the functions of Tribal government; and
(b) The request for enrollment data does not go outside/beyond the scope of what is needed; and
(c) The information will not be improperly disseminated in a manner that will harm Tribal membership or invade the fundamental right to privacy. [Res. 180511A (05/18/11) § 8]
2.16.090 Applications specifically for names and addresses of Tribal members.
Applications/requests specifically for names and addresses of Tribal members will be routed through the application process as usual. If approved, the Mail-Out Committee will receive the data directly from the Enrollment Department, and mail the notices, or other requested items, to the Tribal membership. The Tribal program or independent contractor is never authorized to receive the enrollment data and/or mailing labels directly. The applicant will provide his/her copied materials, reproduced sufficiently for mail-out purposes, to the Mail-Out Committee. The Mail-Out Committee is not responsible for copying the materials the applicant is seeking to have mailed out. [Res. 180511A (05/18/11) § 9]
2.16.100 Types of accessible enrollment data.
The types of enrollment data that can be accessed using the application process are listed below:
(a) Names and addresses;
(b) Birthdates and Tribal enrollment numbers;
(c) Historical records and family trees; and
(d) Blind data (numerical or statistical data) and demographic information. [Res. 180511A (05/18/11) § 10]
2.16.110 Application format.
Applicants must provide the following information in the attached application appended to this Code:
(a) Name of department, with applicant’s signature;
(b) Administrative Director approval for access to enrollment data via authorizing signature on the application;
(c) Information requested to be clearly stated, as well as what it will be used for;
(d) When information is needed and deadline;
(e) History of prior requests for information by the specific department; and
(f) How access to this information will benefit the Puyallup Tribe and its members. [Res. 180511A (05/18/11) § 11]
2.16.120 Application approval or denial.
All applications will go through the following two-step process set forth below. No access to data will be granted unless each step is completed:
(a) The application is submitted to the Director of the Enrollment Department, or, in her absence, the Senior Administrative Assistant, who will recommend either approval or denial of access to the enrollment data requested. The Director, or, in her absence, the Senior Administrative Assistant, will forward the application and recommendation to the Tribal Council;
(b) The Tribal Council will review the application and vote to either authorize or deny access through the issuance of the Council Determination Report (hereafter “CDR”);
(c) When the CDR is issued, the applicant will then be able to access the requested information or will be denied access to the requested information; and
(d) There are no appeals of this decision to Tribal Court or any other body. The Tribal Council’s decision is not justiciable in any court. [Res. 180511A (05/18/11) § 12]
2.16.130 Confidentiality acknowledgement.
An applicant must sign a “confidentiality acknowledgement,” which will be included in his/her application submitted to the Enrollment Department. The applicant agrees to use the data only for its intended purpose. The data received cannot be shared with any other programs or individuals; it is for the single use of the authorized recipient. Each person seeking access must go through the application process independently. [Res. 180511A (05/18/11) § 13]
Subchapter 3. Penalties for Improper Disclosure
2.16.140 Unauthorized disclosure and penalty provisions.
If it is discovered that an applicant misused the enrollment data or disseminated it without authorization, the action shall be reported (on the form provided by the Enrollment Department) to the applicant’s immediate supervisor (with a copy to the Enrollment Department and Puyallup Tribal Council), who shall then report this to the Human Resources Department. The applicant’s supervisor can take disciplinary action subject to the processes set forth in Section 450 of the Personnel Policy Manual.
If the applicant is an independent contractor employed by a Tribal program, and he/she disseminates the information without authorization, he/she faces suspension of the contract, along with a possible permanent ban from ever working with the Puyallup Tribe in the future. The independent contractor will also be required to pay full restitution to the Puyallup Tribe for all damages caused as a result of the unauthorized disclosure. The Puyallup Tribe reserves the right to pursue all remedies against the contractor pursuant to the Civil Procedures Code of the Puyallup Tribe in order to ensure that full restitution is paid. [Res. 180511A (05/18/11) § 14]
2.16.150 Reporting process.
The reporting party who becomes aware of unauthorized disclosure of data protected by this chapter must submit his/her complaint in writing accompanied by his/her signature and the date signed, on a complaint form provided by the Enrollment Department. A form for filing a complaint is attached to the resolution codified in this chapter.
If the offending party is a Tribal employee, this shall be reported to his/her immediate supervisor, the Enrollment Director and the Puyallup Tribal Council.
If the offending party is an independent contractor, this shall be reported to the Tribal Program Director who supervises him/her, the Enrollment Department Director, or her designee, and the Puyallup Tribal Council who has a contractual relationship with the independent contractor. [Res. 180511A (05/18/11) § 15]
2.16.160 Penalty provisions.
The Enrollment Department Director, or her designee, shall send a recommendation for penalties to the Tribal Council. The Tribal Council may choose to follow those recommendations or may choose to decide independently if unauthorized disclosure occurred and what the penalty will be. The Tribal Council may also choose to have this matter investigated further by its designee. [Res. 180511A (05/18/11) § 16]
