Chapter 5.15
ACCESS TO ENROLLMENT RECORDS
Sections:
5.15.040 Release of information – Required.
5.15.050 Court-ordered access.
5.15.060 Alteration of enrollment documents prohibited.
5.15.070 Access by Enrollment Department, Enrollment Committee and Board of Directors.
5.15.090 Enrollment list and statistics.
5.15.120 Release of information – Form.
5.15.010 Purpose.
The Board of Directors finds that the enrollment process is extremely vital to the future of the Tulalip Tribes. It is through the enrollment process that the Tribes guards and guarantees its existence. The enrollment records are the foundation of the enrollment process. The preservation and confidentiality of the enrollment records are vital to the continued confidence of the members in the enrollment process. [Ord. 102 § 1.000, 6-8-1999 (Res. 99-138)].
5.15.020 Definitions.
(1) “Access” shall mean the ability to view, inspect or copy documents held by the Enrollment Officer in an enrollment file. It shall not mean the ability to take physical custody of any document or documents.
(2) “Copy” shall mean any physical, mechanical, electronic, digital or other process for copying any document which shall not harm, damage, change or destroy the document.
(3) “Enrollment Officer” shall mean the person hired by the Tribes to head the Enrollment Office. It shall also mean the person designated to act in the absence of the head of the Enrollment Office.
(4) “Board of Directors” shall mean the governing body of the Tulalip Tribes.
(5) “Tribal administration” shall mean the administrative leadership of the Tribes.
(6) “Tribes” shall mean the Tulalip Tribes.
(7) “Tribal Court” shall mean a Court of the Tribes established by the Board of Directors under the Tribes’ Constitution.
(8) “Enrollment Committee” shall mean that Committee, Board, or group of the Tribes which makes enrollment decisions under the Constitution and laws of the Tribes.
(9) “Release of information” shall mean any original document which states that an individual member is allowing another person, group, family or entity to have access to their enrollment records. The document shall be signed and dated by the member and shall be substantially similar to the form set out in TTC 5.15.090. [Ord. 102 § 2.000, 6-8-1999 (Res. 99-138)].
5.15.030 General policy.
No person, group, family, entity, or program shall have access to enrollment records except as provided in this chapter. Any member shall have access to their own enrollment records without presentation of a release of information. [Ord. 102 § 2.001, 6-8-1999 (Res. 99-138)].
5.15.040 Release of information – Required.
Access to enrollment records shall be allowed by the Enrollment Officer upon the presentation of a release of information signed by the members whose records are being accessed. If the records being sought are for a deceased member, then access may be permitted upon receipt of a release signed by the decedent’s surviving spouse, adult children or grandchildren, parents, siblings or other closest surviving relative. [Res. 2011-382; Ord. 102 § 2.002, 6-8-1999 (Res. 99-138)].
5.15.050 Court-ordered access.
Access shall also be allowed upon the issuance of a subpoena duces tecum or order of discovery issued on showing of substantial need to know by the Tribal Court. Copies of enrollment documents shall be sufficient to satisfy a subpoena duces tecum or an order of discovery except that the party or parties on whose behalf the subpoena duces tecum or order of discovery is issued or the Tribal Court shall be able to inspect the original document to assure that the copy is true and correct or to inspect the document for information contained in the document that did not copy or cannot be copied. Under no circumstances shall the original documents be taken out of the custody of the Enrollment Officer. [Ord. 102 § 2.003, 6-8-1999 (Res. 99-138)].
5.15.060 Alteration of enrollment documents prohibited.
No enrollment document shall be altered under the provisions of this chapter. [Ord. 102 § 2.004, 6-8-1999 (Res. 99-138)].
5.15.070 Access by Enrollment Department, Enrollment Committee and Board of Directors.
Notwithstanding any other provisions of this chapter, the Enrollment Department officers and staff, the Enrollment Committee, the Board of Directors, and their attorney representatives shall have access to enrollment records and files in order to carry out their duties under Chapter 5.05 TTC, Enrollment. [Res. 2011-382; Ord. 102 § 2.005, 6-8-1999 (Res. 99-138)].
5.15.080 Location of access.
Access shall only be allowed at the offices of the Enrollment Officer except that access pursuant to TTC 5.15.050 may be allowed at the Tribal Courthouse and access pursuant to TTC 5.15.070 may be allowed in the Board of Directors’ chambers. [Ord. 102 § 2.006, 6-8-1999 (Res. 99-138)].
5.15.090 Enrollment list and statistics.
Notwithstanding any other provision of this chapter, the Enrollment staff is authorized to release lists or statistics of Tribal members to other Tulalip Tribal departments or entities with a written request by an employee and authorizing signature of the manager of the department requesting the information. Information is limited to name, roll number, address, DOB and phone number. Departments requesting additional information will require approval by the Board of Directors. [Res. 2011-382; Ord. 102 § 2.007, 6-8-1999 (Res. 99-138)].
5.15.100 Family trees.
Notwithstanding any other provision of this chapter, the Enrollment staff is authorized to produce family trees or kinship reports for ancestry upon written request by family members, Board of Directors or Tulalip Cultural Resources managers. Other requests may be approved by the Enrollment Committee. The family tree or kinship reports may have the names, date of birth and date of death for other tribal members. [Res. 2011-382; Ord. 102 § 2.008, 6-8-1999 (Res. 99-138)].
5.15.110 Finance.
Notwithstanding any other provision of this chapter, the Enrollment Department is authorized to provide the following enrollment record information to the Tribal Finance Departments: name, roll number, address, Social Security number, phone number, date of birth, and “Care of” name. This will take place in order to carry out financial operations of the Tulalip Tribes. [Res. 2011-382; Ord. 102 § 2.009, 6-8-1999 (Res. 99-138)].
5.15.120 Release of information – Form.
The form required by TTC 5.15.040 shall be in substantially the following form:
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ENROLLMENT RECORDS RELEASE OF INFORMATION |
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This document shall constitute the authority for ____________________________ to have access to any enrollment documents in the Enrollment Office of the Tulalip Tribes concerning ________________________________, who has an enrollment number of __________. I release the Enrollment Office from any liability they may have for the access to the enrollment records. |
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____________________ |
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Signature* |
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____________________ |
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Date |
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*The member whose records will be accessed must sign, or the executor or administrator must sign and attach a copy of the document naming or appointing them as executor or administrator, or the chair of the enrollment committee or the chair’s designee or the chair of the board of directors must sign. |
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[Ord. 102 § 3.000, 6-8-1999 (Res. 99-138)].