Chapter 5.05 ENROLLMENT

(3) “Board of Directors” means the duly elected governing body of the Tribes as set forth in Article III of the Constitution and Bylaws for the Tulalip Tribes.

(4) “Dual enrollee” means any person as defined by Chapter 5.10 TTC prohibiting dual enrollment as it now exists or may hereafter be amended.

(5) “Enrollee” means a person who is enrolled hereunder by the Tribes into membership with the Tribes, being a child born to any member of the Tulalip Tribes who is a resident as defined herein.

(6) “Enrollment Committee” means an official group of members selected by the Board of Directors for the purpose of regularly reviewing enrollment applications and making formal recommendation thereupon and other matters in this chapter to the Board of Directors.

(7) “Father” means the biological father.

(8) “Member” means a person officially recognized by the Tribes as a member of the Tulalip Tribes.

(9) “Mother” means the biological mother.

(10) “Relinquishment” means the voluntary withdrawal from membership in the Tribes.

(11) “Reservation” means all of the land within the exterior boundaries of that geographical area described by the executive order establishing the Tulalip or Snohomish Reserve on December 23, 1873, pursuant to the Treaty of Point Elliott entered January 22, 1855, and ratified April 11, 1859, to which treaty the Tulalip Tribes is the successor in interest to the Snohomish, Snoqualmie and Skykomish Tribes and other allied tribes and bands signatory to said treaty.

(12) “Resident” means a member who has maintained an actual permanent dwelling place on the Reservation with the member being physically present therein for any 12 continuous months prior to the birth date of the applicant.

(13) “Sponsor” means the applicant’s parent(s), legal guardian, next of kin, or spouse, or a member of the Tulalip Tribes duly authorized by the applicant; all of legal age and sound mind.

(14) “Tulalip Tribes (Tribes)” means that Federally recognized sovereign Indian tribe reorganized pursuant to the Indian Reorganization Act of 1934, as amended, and governed by its approved Constitution and Bylaws, which Federally recognized sovereign Indian tribe is the successor in interest to the Snohomish, Snoqualmie and Skykomish Tribes and other allied tribes and bands signatory to the Treaty of Point Elliott. [Res. 2017-523; Ord. 94B § 2.0, 10-2-1999 (Res. 99-287); Ord. 94 § 2.0, 4-11-1997].

5.05.030 Enrollment burden of proof.

To become an enrollee, the applicant must be a child born to any member of the Tribes, which member is a resident as defined herein. The applicant, or applicant sponsor, if any, shall have the burden of proof of establishing all relevant facts and circumstances necessary and required for membership by virtue of enrollment. [Res. 2017-523; Ord. 94B § 3.0, 10-2-1999 (Res. 99-287); Ord. 94 § 3.0, 4-11-1997].

5.05.035 Enrollment date.

All the persons whose names appear upon the census roll of January 1, 1935, approved by the United States Department of Interior, Bureau of Indian Affairs on February l, 1965, and the membership roll received and approved by the United States Department of Interior, Bureau of Indian Affairs on September 30, 1979, are hereby determined and shall be deemed to then be members of the Tulalip Tribes from such persons’ dates of birth. [Res. 2017-523].

5.05.040 Guidelines for the interpretation of resident.

The Enrollment Committee and the Board of Directors may utilize the following criteria as guidelines to determine the issue of residency.

(1) The residency issue to be resolved is that of the member mother or father of applicant.

(2) The residency of an unemancipated minor is that of the person(s) having the legal and physical care, custody and control of the minor.

(3) In making the residency determination, bodily presence shall be considered as essential in effecting a residence in the first instance, but not that it is absolutely essential to its continuance.

(4) Affidavits cannot be the sole evidence relied upon to satisfy the residency requirement for enrollment.

(5) The residency of any applicant member parent who was adjudicated a youth-in-need-of-care under Chapter 4.05 TTC, and placed outside of the Tulalip Reservation, and was not returned to their parent(s)’ care prior to turning 18 years of age, shall be deemed to be beda?chelh’s address during the length of their dependency action. In order to use beda?chelh as the address for residency, Tribal court orders or a declaration from beda?chelh officials shall be required which (a) sets forth the length of time the applicant’s mother and/or father was a youth-in-need-of-care and placed off the Reservation by the Tribal Court, and (b) confirms that the youth-in-need-of-care was never returned home to their parent(s)’ care. A beda?chelh address will only be considered if residency cannot be established through other means.

(6) Any persons whose names appear on the approved 1935 Base Roll of the Tulalip Tribes shall be deemed a resident. [Res. 2017-523; Res. 2006-33; Ord. 94B § 4.0, 10-2-1999 (Res. 99-287); Ord. 94 § 4.0, 4-11-1997].

5.05.050 Enrollment Committee.

(1) The Board of Directors hereby establishes an Enrollment Committee initially consisting of nine adult Tribal members, namely Herman Williams, Winona Cooper, Donna Muir, George C. Taylor, Steve Young, Richard Young, Loretta Contraro, Frank Madison and Denise Aguilar, subject to removal by death, resignation or the Board of Directors in its discretion. Vacancies occurring for whatever reason in the Enrollment Committee shall be filled by appointment by the Board of Directors for terms of three years, subject to removal by death, resignation or the Board of Directors in its discretion. The Enrollment Committee shall elect its necessary and required officers (Chairman, Vice-Chairman and Secretary) from its members. The Enrollment Committee shall meet at least twice monthly and maintain accurate and complete records of their proceedings. The Enrollment Committee proceedings shall be governed by appropriate rules of procedure approved by the Board of Directors and Robert’s Rules of Order. A quorum shall consist of two-thirds of the appointed members of the Enrollment Committee, e.g., a quorum of nine is six.

(2) Neither a member of the Board of Directors nor the Enrollment Officer shall be a member of the Enrollment Committee. [Res. 2017-523; Ord. 94B § 5.0, 10-2-1999 (Res. 99-287); Ord. 94 § 5.0, 4-11-1997].

5.05.060 Confidentiality and access to information.

The Board of Directors recognizes that records concerning an individual’s enrollment may contain sensitive, personal information. These records may also be critical in proving an individual’s right to membership. It is therefore hereby required that the Enrollment Committee propose to the Board of Directors for adoption of additional Tribal policies and procedures to protect and preserve the confidentiality of individuals’ enrollment records while also permitting legitimate access to information when necessary. Notwithstanding the foregoing, the Board of Directors at a duly called meeting in closed session, or any one or more members of the Board of Directors appointed by the Board of Directors at a regular or special Board meeting with all present, shall have access to any and all information regarding any applicant’s and/or member’s enrollment records and files concerning any proceeding in relation to any enrollment, adoption or continued or future membership issues. [Res. 2017-523; Ord. 94B § 6.0, 10-2-1999 (Res. 99-287); Ord. 94 § 6.0, 4-11-1997].

5.05.070 Enrollment applications and forms.

(1) The Enrollment Committee shall develop enrollment applications and other forms necessary to correspond with an applicant. Information required of the applicant shall be that which is essential in determining an individual’s enrollment. Prior to first use, the applications and forms shall be reviewed and approved by the Board of Directors. All applications and forms in use prior to the date of passage of this chapter are hereby deemed approved. The applications and forms shall comply with applicable privacy laws and ordinances and may contain provisions for the applicant to waive any or all of the provisions of such. All applications shall be signed by the applicant or sponsor.

(2)(a) All individuals applying for enrollment in the Tulalip Tribes shall be required to file their application with the Enrollment Officer prior to the date of their twenty-fifth birthday. Individuals who have not applied for enrollment in the Tulalip Tribes prior to their twenty-fifth birthday shall no longer be eligible to apply for enrollment.

(b) The age cap prohibition on enrollment applications provided in subsection (2)(a) of this section shall not apply to individuals who (i) can establish that they were adopted away from the Tribes by adoptive parent(s) who are not Tribal members, or (ii) have never been enrolled as a member of any other Federally recognized tribe prior to applying for membership with Tulalip. [Res. 2017-523; Res. 2006-25; Res. 2005-237; Ord. 94B § 7.0, 10-2-1999 (Res. 99-287); Ord. 94 § 7.0, 4-11-1997].

5.05.080 Delegation of authority.

For the purpose of reviewing enrollment applications and making recommendations of acceptance or rejection of an application, and recommendations regarding termination of continued membership, the Tribes hereby delegates its authority to the Enrollment Committee to make such review for the purpose of making recommendations on applications for initial enrollment matters and those regarding termination of continued membership and future membership in and with the Tribes, voluntary relinquishment and dual enrollment. [Ord. 94B § 8.0, 10-2-1999 (Res. 99-287); Ord. 94 § 8.0, 4-11-1997].

5.05.090 Enrollment Committee, enrollment and recommendation process.

(1) A separate written application for enrollment shall be filed by or on behalf of each person applying for membership with the Enrollment Officer.

(2) Persons applying for enrollment shall be limited to those persons who meet the requirements of Article II, Section 1(B) of the Tribal Constitution and this chapter.

(3) Applications will be processed in due course under the particular circumstances and those determined to meet the requirements for membership by enrollment with the Enrollment Committee will be referred to the Board of Directors with a documented, written report and recommendation.

(4) The Enrollment Committee shall make an independent, initial determination whether the application meets the requirements of the Tribal Constitution and this chapter.

(5) No recommendation regarding the application shall be made by the Enrollment Committee to the Board of Directors unless affirmative action on the application is by two-thirds of the entire membership of the Enrollment Committee. The Board of Directors may refer any application back to the Enrollment Committee if it is determined there is insufficient evidence produced to make a well-grounded and reasoned determination. The Enrollment Committee in its discretion may decide to not make a recommendation to the Board of Directors without having first personally interviewed the applicant, sponsor, and/or any and all other persons that may submit evidence, including, but not limited to, persons providing affidavits or other sworn statements. Where affidavits are submitted in support of satisfying the residency requirements, then a unanimous vote of all Committee members present at the meeting shall be required for a favorable recommendation. The applicant shall be notified by the Enrollment Officer of the Enrollment Committee’s action in regard to the application. In the event the Enrollment Committee does not consider the applicant qualified for a favorable recommendation, the applicant shall be allowed 60 days thereafter to submit additional evidence. If, following the submission of additional evidence, if any, the Enrollment Committee still does not consider the applicant qualified for enrollment, it shall be deemed rejected and the applicant so notified.

(6) The Enrollment Committee shall also investigate, review and make recommendations to the Board of Directors concerning voluntary relinquishments, dual enrollment and termination of continued or future membership. Whenever a member of the Enrollment Committee or the Enrollment Officer receives credible information that (a) a Tulalip member is dually enrolled in violation of Chapter 5.10 TTC, or (b) a Tulalip member may be subject to having his or her membership terminated pursuant to TTC 5.05.150, this information shall be brought to the Enrollment Committee for review. If the Enrollment Committee finds that: (i) the information presented indicates a member may not be eligible for continued membership in the Tribes under the standard set forth in the Tulalip Constitution and this chapter, and (ii) that the information presented is sufficiently reliable to warrant further investigation, the Committee may by majority vote authorize initiation of investigation of the member’s eligibility for future membership in the Tribes. The Enrollment Committee may delegate the investigation to the Enrollment Officer and staff, but all recommendations to the Board made as a result of the investigation shall be the responsibility of the Enrollment Committee. [Res. 2006-33; Res. 2005-243; Ord. 94B § 9.0, 10-2-1999 (Res. 99-287); Ord. 94 § 9.0, 4-11-1997].

5.05.100 Sponsoring an application for enrollment.

If a person to be enrolled is (1) a minor or other person in need of assistance for substantiated physical or mental reasons or causes; or (2) a member of the armed services or other services of the United States of America (or members of their immediate family) who are stationed outside of the State of Washington, an application for membership by enrollment may be completed and filed by the applicant’s sponsor. If the sponsor is not the Tulalip Tribal member parent of a minor, then the non-Tribal parent or guardian may be the sponsor only if they have legal custody of the minor applicant. [Res. 2021-146; Ord. 94B § 10.0, 10-2-1999 (Res. 99-287); Ord. 94 § 10.0, 4-11-1997].

5.05.110 Duties of the Enrollment Officer and Enrollment Clerk.

The Enrollment Officer and Enrollment Clerk shall work in concert and cooperation with the Enrollment Committee. The duties of the Enrollment Officer may be delegated and assigned to the Enrollment Clerk with the approval of the Board of Directors. The primary duty and function of the Enrollment Officer and Enrollment Clerk shall be to support and assist the Enrollment Committee. The Enrollment Officer and Enrollment Clerk shall be under the supervision and direction of the Enrollment Committee; provided, however, neither the Enrollment Officer nor Enrollment Clerk shall be deemed to be appointees of the Board. The Enrollment Officer and Enrollment Clerk shall be subject to provisions of Chapter 9.10 TTC, Human Resources, and for administrative purposes shall be supervised by the Tulalip Tribal administration. The Enrollment Officer shall receive applications for enrollment and, upon receipt of same, the Enrollment Officer shall:

(1) Number and date all incoming applications;

(2) Prepare a file for each applicant;

(3) Review application for adequacy of documentation;

(4) Return all incomplete applications to the applicant or sponsor.

The documentation shall contain as a minimum the following information and requirement of subsections (4)(a) through (j) of this section:

(a) Completed application signed and sworn to by the applicant or sponsor;

(b) Birth certificate of applicant, and applicant’s biological mother and father, if available;

(d) Decrees determining paternity, if necessary;

(e) Marriage certificates or decrees of dissolution changing maiden names to married names, or vice versa;

(f) Social Security number card;

(g) Family tree chart or diagram or applicant demonstrating lineal decadency from at least applicant’s grandparents;

(h) Evidence of Tribal membership, if any, of applicant’s biological mother and father;

(i) Any and all other records and information material and relevant to establishing the membership requirements of the Tribal Constitution and this chapter, including but not limited to probate papers, hospital records, church records, school records, discharge papers, Bureau of Indian Affairs title status reports, Bureau of Indian Affairs evidence of mother’s or father’s Tribal membership, Tulalip and any other Indian blood quantum (an indication of other Indian blood quantum shall require a waiver and release allowing an investigation of possible dual enrollment), sworn written statements or affidavits of other members or other persons made under the penalty of perjury setting forth facts material and relevant to the application for membership, newspaper clippings and other historical or family data.

(j) DNA test results are required for the biological mother and father if they are enrolled with the Tulalip Tribes.

(5) Inform applicants of any missing documentation or incomplete or incorrect application and any other documents or evidence the Enrollment Committee, in its discretion or as directed by the Board of Directors, deems appropriate to obtain for their review.

(6) Maintain files on all applicants and the process regarding same in a central secure location.

(7) Prepare all written correspondence regarding enrollment matters, including but not limited to:

(a) Acknowledgement letters, acceptance/rejection letters;

(b) Requests for more information or documentation;

(d) Resolutions or other official actions taken upon the application with the assistance of Tribal legal counsel.

(8) Prepare written recommendations from the Enrollment Committee to the Board of Directors for recommended action. All recommendations shall be signed by the participating Enrollment Committee members and contain dissents, if any. No recommendation for action shall be made by the Enrollment Committee members if the application does not contain necessary, verifiable, credible, and sufficient information to determine eligibility for membership as supported by such documentation.

(9) Prepare recommendations to the Enrollment Committee and the Board of Directors regarding the enrollment process and other membership matters and issues addressed in this chapter. [Res. 2021-146; Res. 2005-239; Ord. 94B § 11.0, 10-2-1999 (Res. 99-287); Ord. 94 § 11.0, 4-11-1997].

5.05.120 Decision upon application for enrollment by Board of Directors.

(1) The Board of Directors shall consider the application in closed session in order to preserve privacy and confidentiality interests in order to determine an applicant eligible or ineligible for enrollment based upon the Tribal Constitution, this chapter, and the favorable written recommendation of the Enrollment Committee, containing dissents, if any. The Board of Directors in its discretion may also require, prior to making any decision upon such application, the presence and statement of the applicant and/or sponsor. The attendance of the Enrollment Officer or Enrollment Clerk, the Chairman of the Enrollment Committee or his or her designee from the Enrollment Committee, and two additional members of the Enrollment Committee is mandatory during consideration of the application in the closed sessions. The presence of the Enrollment Officer or Enrollment Clerk is mandatory during consideration of the application in the open session.

(2) The Board of Directors shall not take any formal action upon an application for enrollment unless: (a) a regular quorum of at least five members of the Board of Directors is present; (b) the sponsor and/or applicant are physically present before the Board of Directors (if requested in advance by the Board of Directors); (c) the applicant’s entire enrollment files and records are physically present and have been reviewed by the Board of Directors, and (d) it has been verified the applicant would not be a dual enrollee if enrolled.

(3) A motion to grant or bestow membership on an application for enrollment shall be in open session and shall not be deemed passed unless the resolution receives a majority vote. The formal execution of the resolution granting or bestowing membership shall be effective as of the date of execution of such resolution entitling the new member, from the effective date of their enrollment forward, to all rights, benefits, privileges and immunities of Tribal membership, including entitlement to Tribal per capita funds distributed at any time on or after the effective date of their enrollment; provided, however, the Board of Directors may condition and delay the effective date for such resolution upon the prior receipt of a verifiable relinquishment or disenrollment resolution of such one as a member of another Federally recognized Indian tribe.

(4) A determination by the Board of Directors of any applicant’s ineligibility or the failure of any applicant to receive the required number of votes to pass a resolution regarding membership by enrollment shall not be appealable, but is without prejudice to the applicant to resubmit another application. An applicant who twice fails to receive favorable and affirmative action upon his or her application from the Board of Directors shall not be entitled to reapply again for membership.

(5) The Board of Directors shall communicate its determination in writing to the applicant or sponsor as soon as practicable after its action. Only upon the Chairman and Secretary of the Board of Directors executing the appropriate final resolution acknowledging the applicant’s entitlement to be enrolled and so granting or bestowing membership shall the applicant then be deemed a member consistent with the application granted. [Res. 2014-49; Res. 2005-241; Res. 2005-069; Res. 2004-029; Res. 2002-438; Res. 2002-393; Res. 2002-094; Ord. 94B § 12.0, 10-2-1999 (Res. 99-287); Ord. 94 § 12.0, 4-11-1997].

5.05.130 Voluntary relinquishment.

Any member of the Tribes 18 years of age or older who voluntarily decides to relinquish his or her membership with the Tribes shall notify the Enrollment Committee in writing. The written statement shall have upon it the signature of the member seeking relinquishment and be sworn to before a notary public licensed in the state in which the statement was made. The Enrollment Committee shall bring the matter to the Board of Directors at its next regular monthly meeting. Unless the relinquishment is withdrawn by the member either in person before the Board of Directors in session prior to adjournment or by written statement of the member similarly notarized delivered to the Board of Directors in session prior to adjournment, the relinquishment resolution of the Board of Directors shall otherwise become effective upon adjournment of that meeting of the Board of Directors; unless the requested relinquishment is stated to be conditional upon the member becoming enrolled with another Federally recognized Indian tribe, the relinquishment resolution of the Board of Directors will then become effective immediately and concurrently with that person becoming a member of the other tribe. A relinquishment from the Tribes by a member 18 years or older shall not then later be subject to reconsideration and shall be final without any ability or right of the former member to reapply for membership by enrollment or adoption. Only members 18 years or older may voluntarily relinquish their membership in the Tribes. Once a minor is enrolled in the Tulalip Tribes, the minor may not voluntarily relinquish membership in the Tribes for any reason until they reach 18 years of age. Neither minors, nor parents, legal guardians or sponsors of minors, shall be permitted to voluntarily relinquish the minor’s membership in the Tribes. If a minor had his or her Tulalip membership relinquished by a parent or guardian prior to July 1, 2005, he or she may reapply for membership at any time prior to his/her twenty-fifth birthday. If the member who was relinquished by a parent or guardian is over 25 years of age as of July 1, 2005, such person shall have until July 1, 2006 (one year), to reapply for membership. No person relinquished as a minor shall be permitted to reapply for membership in the Tribes after the above time frames have expired. No person with outstanding debts owed the Tulalip Tribes shall be eligible to voluntarily relinquish their membership until such time that the debts owed the Tulalip Tribes are paid in full, unless they are dually enrolled and are requesting a relinquishment. [Res. 2018-440; Res. 2005-242; Res. 2005-236; Ord. 94B § 13.0, 10-2-1999 (Res. 99-287); Ord. 94 § 13.0, 4-11-1997].

5.05.140 Dual enrollment.

No person may become an enrollee hereunder and have membership bestowed or continue to be a member of the Tribes and a member of another Federally recognized Indian tribe at the same time. A person who is a dual enrollee is required to relinquish their membership in the Tribes or be subject to disenrollment under Chapter 5.10 TTC, pursuant to the procedures set forth in TTC 5.05.150. A person who was 18 years of age or older when disenrolled from the Tribes on account of his or her being a dual enrollee may not thereafter apply for membership with the Tribes. [Res. 2018-440; Ord. 94B § 14.0, 10-2-1999 (Res. 99-287); Ord. 94 § 14.0, 4-11-1997].

5.05.150 Termination of continued or future Tribal membership.

(1) No member shall be eligible to enjoy continued or future membership as an enrolled or adopted member of the Tribes who is dually enrolled with any other Federally recognized tribe or determined to have had such membership status wrongfully conferred upon him or her when at the time of such action enrolling or adopting the member it is determined by the Board of Directors, pursuant to the provisions of this section and the enrollment or adoption criteria in effect at the time of such enrollment or adoption, such ones had not met the applicable membership criteria and the requirements of Tribal Constitution, Article II, Section 1(B) for enrollment or the adoption ordinance, as the case may be, in that: (a) prior to the effective date of this chapter, misrepresentation or fraud of the member or anyone on his or her behalf occurred in the enrollment or adoption process, or (b) from and after the effective date of this chapter, error, misinformation or mistake on the part of the member, anyone on his or her behalf or the Tribes and/or the misrepresentation or fraud of the member or anyone on his or her behalf occurred in the enrollment or adoption process.

(2) Such members subject to having their continued and future membership in the Tribes being annulled, canceled, revoked and/or rescinded shall be notified by the Board of Directors in writing, either by personal service evidenced by an affidavit of service or by first class and certified or registered United States mail, postage prepaid, with return receipt requested, that the Board of Directors has been advised by written recommendation and report of the Enrollment Committee that such member was ineligible for membership in the Tribes at the time of such one’s enrollment or adoption to Tribal membership for failure to have met the then-established enrollment criteria and the requirements of Tribal Constitution, Article II, Section 1(B), or adoption ordinance, or is dually enrolled with any other Federally recognized tribe and is unwilling to relinquish, as the case may be.

(3) Upon the date of notice of the Board under this subsection, all of the member’s per capita and general welfare payments will be held until the membership termination process, including appeals, is complete. At the conclusion of the process, if the member is disenrolled the withheld per capita or general welfare funds will be returned to the Tribes. If a final decision results in the member not being disenrolled, the withheld per capita or general welfare funds shall be promptly disbursed to the member.

(4) All service by mail shall be deemed received by the addressee three business days from the date of mailing. The Tribes shall be entitled to rely upon as accurate and correct the addressee’s address last known to the Tribes and/or that last provided to the Tribes by the addressee prior to mailing.

(5) In the notification, such member shall also be advised that, within 30 days from the effective date of its service, he or she may request an opportunity to show cause at a hearing and submit any and all relevant information to the Board of Directors demonstrating that such one did then meet the enrollment criteria and the requirements of Tribal Constitution, Article II, Section 1(B), or adoption ordinance, as the case may be, and that their enrollment or adoption was due and proper; or that they are not dually enrolled in another Federally recognized Indian tribe. The Board may also notify the member subject to disenrollment that they are required to provide DNA test results prior to the show cause hearing if such results may be relevant to the disenrollment determination. Failure to provide required DNA testing shall result in a dismissal of the show cause hearing and waiver of appeal rights. The request for hearing must be in writing and be received by the Secretary of the Board of Directors within said 30 days.

If the notified member so requests in writing to the Secretary of the Board of Directors, or at any time a like request is made by any member of the Board of Directors, the Board shall hear the matter at an open or closed hearing, at the choice of the notified member, and resolve such issue at the time set in the reasonable discretion of the Board of Directors. The Board of Directors may restrict the public audience at an open hearing to Tribal members. The Board of Directors shall prescribe a uniform procedure for such hearings in advance. The proceedings shall be recorded. The notified member, at a minimum, shall be entitled to review his or her enrollment or adoption records and files, be represented by a person of his or her choice at the hearing, and present evidence by testimony, documentary or otherwise. If such request for a hearing is timely made, the Board of Directors may address and resolve the matter at its next regular meeting. The Tribes shall have the burden of proof by a preponderance of the evidence to establish all relevant facts and circumstances necessary and required to determine if he or she did not at the time of enrollment meet the membership criteria and the requirements of Tribal Constitution, Article II, Section 1(B), or adoption ordinance, or that they are dually enrolled, as the case may be.

(6) The decision of a majority of the Board of Directors shall be final if the determination of the Board of Directors is that such member was dually enrolled with any other Federally recognized tribe and is unwilling to relinquish or not eligible for membership in the Tribes at the time of such official act conferring membership upon such member on the grounds that the action conferring membership was by error, misinformation or mistake of the member, anyone on his or her behalf or the Tribes and/or the misrepresentation or fraud of the member or anyone on his or her behalf. The Board of Directors, in deciding the issue, shall resolve whether or not such one shall or shall not thereafter be entitled to membership and, if not, then and thereafter no longer entitled to any or all further and future right, title and interest in any property or rights otherwise appertaining to membership in the Tribes. The written resolution of the Board of Directors on such issue shall be sent or delivered to the subject member in writing, either by personal service or by certified or registered United States mail, postage prepaid, with return receipt requested.

(7) If the Board terminates the membership of an individual based on finding of misrepresentation or fraud by the individual, or anyone acting on his or her behalf, the Board shall include in the resolution terminating members a requirement that the responsible individual(s) pays a penalty of $2,000 plus an amount equal to the amount of all per capita funds paid out by the Tribes as a result of the misrepresentation or fraud, with interest at a rate of 12 percent per annum. Such payment obligation shall be imposed on the individual(s) whose acts constituted misrepresentation or fraud in the enrollment process, regardless of whether they were acting for themselves or on behalf of another. The Tribes may enforce such payment obligation through the withholding of future per capita payments (if the individual committing the misrepresentation or fraud is a Tribal member sponsor of the person whose membership is terminated), or through an action in Tribal Court or any other court of competent jurisdiction. Once the reimbursement obligation becomes final after the opportunity for appeal is exhausted, the Tribal Court shall have jurisdiction to enforce all payment obligations imposed under this section by entering a judgment under the procedures established for execution of judgments, which shall include awarding costs for collection.

(8) Any member who is determined by the Board of Directors to have had their continued and future membership in the Tribes annulled, canceled, revoked and/or rescinded and thus disenrolled may appeal such action to the Tulalip Tribal Court by filing a written Notice of Appeal with the Clerk of the Tribal Court within 20 days of the personal service or mailing of such written resolution by the Board of Directors. A copy of the Notice of Appeal must be concurrently filed with the Secretary of the Board of Directors. The Tribal Court shall dismiss any appeal not properly or timely filed.

(9) The Notice of Appeal shall identify (a) the action appealed, (b) the date of action, (c) each and every ground for the appeal with specificity, and (d) the member’s name and mailing address.

(10) The jurisdiction and authority of the Tribal Court shall be, and hereby is, exclusively limited to review of whether or not the subject action by the Board of Directors was arbitrary and capricious. The Tribal Court’s review shall be limited to the record made and produced at the proceeding before the Board of Directors set forth in this section, the member’s enrollment or adoption application and file, and the formal action of the Board of Directors. No other evidence or testimony shall be admitted or considered. The burden of proof of establishing that the action of the Board of Directors was arbitrary and capricious shall be upon the member. Either party may appeal the Tribal Court’s decision to the Tribal Appellate Court.

(11) If the member prevails, the Tribal Court shall only have jurisdiction and authority to remand the matter to the Board of Directors for further proceeding and reconsideration. The decision of the Tribal Court shall be in writing and shall state the reasons for the decision.

(12) The proceedings on remand before the Board of Directors shall be in conformity with this section. There shall be no right of appeal from the decision on remand of the Board of Directors.

(13) If the Board of Directors finds that a member is not subject to disenrollment based on the date of their initial enrollment and lack of fraud, despite a DNA determination or finding that the person did not in fact meet enrollment requirements and were enrolled through mistake or error, then that member’s children and other biological descendants shall not qualify for enrollment unless their eligibility is based on another tribal member biological parent that does satisfy enrollment requirements. Persons enrolled based on a member parent who was determined not to satisfy enrollment criteria are subject to disenrollment. [Res. 2021-146; Res. 2018-440; Res. 2005-240; Ord. 94B § 15.0, 10-2-1999 (Res. 99-287); Ord. 94 § 15.0, 4-11-1997].

5.05.160 Sovereign immunity.

The sovereign immunity of the Tribes and of its Board of Directors shall extend to, and shall protect, the Enrollment Committee and its officers, the Enrollment Officer and other Tribal employees, agents, contractors and attorneys in the performance of their duties hereunder and the same shall be immune from suit; save and except only where the immunity of the Tribes and such ones is expressly, specifically and unequivocally hereafter formally waived by the Board of Directors. [Res. 2018-440; Ord. 94B § 16.0, 10-2-1999 (Res. 99-287); Ord. 94 § 16.0, 4-11-1997].

5.05.170 Prior ordinances and/or resolutions.

This chapter supersedes and replaces any resolution and/or ordinances governing enrollment and Tribal membership which are inconsistent with or in conflict with this chapter. [Res. 2018-440; Ord. 94B § 17.0, 10-2-1999 (Res. 99-287); Ord. 94 § 17.0, 4-11-1997].

5.05.180 Severability.

If any provision of this chapter, or the application to anyone or circumstances, is held invalid, the remainder of this chapter or application thereof shall not be affected. [Res. 2018-440; Ord. 94B § 18.0, 10-2-1999 (Res. 99-287); Ord. 94 § 18.0, 4-11-1997].

5.05.190 Effective date.

This chapter shall be effective the date the ordinance codified in this chapter is approved as required by the Tribal Constitution. [Res. 2018-440; Ord. 94B § 19.0, 10-2-1999].