Chapter 5.10
DUAL ENROLLMENT
Sections:
5.10.010 Dual enrollment – Prohibited.
5.10.020 Forfeiture of membership rights – Future dual enrollees.
5.10.030 Forfeiture of membership rights – Current dual enrollees.
5.10.010 Dual enrollment – Prohibited.
From and after the date of adoption of the ordinance codified in this chapter, no person shall be eligible for membership in the Tulalip Tribes who is enrolled as and is a member of any other Federally recognized Indian tribe. [Res. 2018-440; Ord. 63 § (a), 9-7-1985].
5.10.020 Forfeiture of membership rights – Future dual enrollees.
From and after the date of adoption of the ordinance codified in this chapter, any member of the Tulalip Tribes who becomes enrolled as a member of any other Federally recognized Indian tribe shall, by such enrollment, and to the extent permitted by applicable Federal law, forfeit all right, title and interest in the property or rights of the Tulalip Tribes, shall be deemed to have relinquished the same and Tulalip membership, and shall be forthwith removed from the membership rolls of the Tulalip Tribes. [Res. 2018-440; Ord. 63 § (b), 9-7-1985].
5.10.030 Forfeiture of membership rights – Current dual enrollees.
Any duly enrolled member of the Tulalip Tribes who now is enrolled as a member of another Federally recognized Indian tribe shall by reason of such enrollment be deemed to have abandoned membership in the Tulalip Tribes and relinquished, to the extent permitted by applicable Federal law, all right, title and interest in the property or rights of said Tribes. [Res. 2018-440; Ord. 63 § (c), 9-7-1985].
5.10.040 Notice – Appeal.
Persons denied membership pursuant to TTC 5.10.010 shall be notified by the Services Committee or Board of Directors, in writing and by certified or registered United States mail, with return receipt requested, that the Committee or Board has determined ineligibility based on enrollment in another Federally recognized tribe. In the notification, the applicant shall also be advised that, within 10 days, he or she may submit additional information to the Committee or Board demonstrating either that the applicant is not enrolled in another Federally recognized tribe or requesting a reasonable period of time to relinquish membership in the other tribe.
Persons subject to disenrollment pursuant to TTC 5.10.020 or 5.10.030 shall be notified in writing and shall have all due process and appeal rights as set forth in TTC 5.05.150. The member shall also be advised that, within 10 days, he or she may submit additional information to the Committee or Board demonstrating either that the member is not enrolled in another Federally recognized tribe or requesting a reasonable period of time to relinquish membership in the other tribe. [Res. 2018-440; Ord. 63 § (d), 9-7-1985].
5.10.050 Per capita grants.
No member of the Tulalip Tribes shall be eligible for or receive any per capita grant of Tribal funds pursuant to Article VI, Section 1(T) of the Tulalip Constitution if enrolled as and is a member of any other Federally recognized Indian tribe. The Board of Directors shall, as a condition precedent to the distribution of any per capita grant that the member, or the person to whom the member’s per capita grant is to be distributed for the benefit of the member, pursuant to the Tulalip Tribes per capita policy then in effect, execute a sworn statement regarding Tribal enrollment status. If it is determined or discovered after the fact of a per capita payment to such ones that they were dually enrolled at the time of receipt, the Tulalip Tribes may maintain an action in Tribal Court to recover such sums, together with interest at the rate of 12 percent per annum, or the Board of Directors may withhold such sums from any future per capita payment. Further, if the Tribal Court finds that the member had actual knowledge of the fact of such dual enrollment and did not make voluntary restitution of such funds forthwith after receipt and/or made a false statement regarding Tribal enrollment status it shall additionally impose a penalty not to exceed $2,000; or the Board of Directors may withhold such funds wrongfully paid and received from any future per capita grant(s) to the member, or the person to whom the per capita grants were distributed for the benefit of the member. [Res. 2018-440; Res. 2003-484; Res. 99-278; Res. 89-0060; Ord. 63 § (e), 9-7-1985].