This is the most current draft of the Caddo Nation's Membership Ordinance, as provided by the Enrollment Office.
Caddo Nation
MEMBERSHIP ORDINANCE
I. Authority - This membership ordinance of the Caddo Nation is enacted by the Tribal Council pursuant to the provisions of Article V, Section 1(c), of the Constitution and By-Laws of the Caddo Nation. Pursuant to that section, this ordinance is subject to the approval of the membership and of the Secretary of the Interior or his designated representative.
II. Purpose - The purpose of this membership ordinance is to establish guidelines, rules and an orderly procedure to maintain a current membership roll of all persons eligible for membership pursuant to Article III of the tribal constitution.
III. Definitions - The following terms and phrases, when used in this ordinance, shall have the meaning ascribed to them.
A. "Adopted child" - one whose natural parents' parental rights have been terminated by a court and given to another.B. "Adoption" - Either (1) the legal action whereby parental rights of natural parents are terminated by court order and assigned to another, or (2) the granting of membership in a tribe by some special provision to a person who does not meet the basic membership eligibility criteria. The context will show clearly which definition is intended.
C. "Adult" means any person who has reached the age of 18 years.
D. "American Indian Blood" means the blood quantum derived from the tribes, bands or groups recognized by the Federal Government of the United States of America. It does not include blood quantum derived from non U.S. Federally Recognized Tribes.
E. "Applicant" - a person who has submitted an application for membership in the tribe prior to final action on the application.
F. "Child/children" means any person/persons who has/have not reached the age of 18 years.
G. "Constitution" or "Tribal Constitution" - the Constitution and By-Laws of the Caddo Nation.
H. "Direct descent" of "direct lineal descent" - biological descent where lineage can be traced from parent to child in each generation.
I. "Disenrollment" - an official act by the tribe to deprive a member of the right to tribal membership.
J. "Documentation" - the supply of legal evidence to support a statement of fact. No enrolment action shall be taken without documentation to support the decision.
K. "Elect to be enrolled with another tribe" - the choice by an adult person to become enrolled with a tribe other than the Caddo Nation.
L. "Family tree chart" - the form used to show the line of descent of an applicant.
M. "Federally-recognized Indian Tribe, Band or Group" means those tribes, bands or groups recognized by the Federal Government of the United States of America. It does not include tribes, bands or groups recognized by governments other than the United States of America.
N. "Incompetents" - persons who have been legally determined to be unable to take effective actions of their own behalf.
O. "Member" - an individual who has met the membership criteria of an Indian tribe and is officially enrolled with that tribe.
P. "Membership" - The adult members of the Caddo Nation who make decisions at meetings pursuant to Article II of the By-Laws.
Q. "Minor" - a person under the age of eighteen years.
R. "Notarized" - a document attested before or authenticated by a public officer (a notary) who witnesses the signature and certifies that it is authentic.
S. "Relinquishment" - personal, voluntary action taken by a tribal member or an individual legally authorized to act on the member's behalf to terminate the member's relationship with the tribe.
T. "Resolution" - a formal statement of decision by a tribal entity.
U. "Share of Land or Money" - as used in Article III, Section 6, of the constitution, means that the individual has received a tract or tracts of land directly from the other tribe or received money from a per capita payment distributed only to members of the other tribe. This phrase does not refer to land inherited from an individual member of the other tribe. Nor does it refer to acceptance of funds for services such as education or social service. It also does not refer to the receipt of per capita payments distributed to all descendants of a tribe rather than to members only.
V. "Sponsor" - a parent or legal guardian who has the legal authority to take enrollment actions on behalf of another person because of age or incompetence.
W. "Tribe" - The Caddo Nation.
X. Tribal Council - The governing body of the Caddo Nation.
IV. Eligibility Criteria - Article III of the Constitution contains the eligibility criteria for membership as follows:
The membership of the Caddo Nation shall be:
Section 1. All persons of Caddo Indian blood who received an
allotment of land as members of the Caddo Indian Tribe shall be hereby declared
full blood (4/4) members of the tribe for the purpose of computing eligibility
of their descendents for membership.
Section 2. All living lineal descendants of allottees
eligible for membership under the provisions of Section 1 of this article born
on or before the date of adoption of this constitution.
Section 3. (a) All persons of at least one-sixteenth (1/16)
degree Caddo Indian blood as defined by and derived from Section 1, born after
the date of the adoption of this constitution,
(June 26, 1976) except those persons otherwise entitled to enrollment with the
Tribe who elect to be enrolled with another tribe. (b) Only for the purposes of
enrollment under this section, all persons of at least one-sixteenth (1/16)
Caddo Indian blood, who elect to be enrolled as a Caddo tribal member, shall be
allowed to count all quanta of American Indian blood as Caddo Indian blood.
Caddo tribal enrollment procedures, after passage of the amendment,
shall recognize and count all amounts of American Indian blood as pertinent to
prospective tribal enrollees and their descendents, except those persons
otherwise entitled to enrollment under this constitutional amendment who elect
to be enrolled in another tribe.
Section 4. Those persons who are adopted into the tribe in
accordance with rules prescribed by the Tribal Council,
with approval of the membership, and consistent with United States law.
Section 5. Those persons who were eligible for membership in the
Caddo Tribe of Oklahoma under the previous constitution of January 17, 1938, as
amended, who were recognized as members shall continue to be members without further
test of eligibility until their deaths or voluntary relinquishment of
membership, provided, however, that these persons shall submit an official
enrollment application.
Section 6. Those persons who are eligible for enrollment
under the preceding sections of this article who elect to be enrolled, except
those persons who have received a share of land or money by virtue of having
been listed on an approved membership roll of another tribe.
Section 7. All qualified Caddo membership applicants shall
submit a completed official enrollment application. Applications for membership
must be supported by birth certificates or authenticated copies thereof or other
records recognized by State and Federal Recorders, as required by the
circumstances of each application. All evidence will be retained by the Caddo
Indian Tribe to support the record. Tribal membership shall become effective
upon an affirmative vote of a majority of the Tribal
Council. Any rejected applicants may appeal to the membership.
V. Tribal Enrollment Committee
A. Establishment of Committee - A standing committee to be known as the "Tribal Enrollment Committee", which committee is hereinafter referred to as the "Committee", is hereby established.
B. Organization of the Committee - The Tribal Enrollment Committee shall be organized as follows:
C. Function of the Committee - The Committee shall perform the following functions:
D. Authority of the Committee - The Committee shall have the following authority in performing its functions:
VI. Filing an application for enrollment
A. Who must file? All persons not listed on the base roll must file an enrollment application. Applications for minors or incompetents must be filed by parents of legal guardians. A separate application must by each individual seeking enrollment. If it is discovered that any person on the current tribal roll, who is not a base enrollee, did not file an application and submit documentation before being placed on the tribal roll, that person may be requested to provide such an application and documentation or face disenrollment proceedings. Base enrollees are members pursuant to the constitution and are not required to provide applications and documentation.
B. When and where to file an application - All enrollment applications must be filed with the Enrollment Coordinator. Application forms may be obtained by oral of written request to Post Office Box 487, Binger, OK 73009, 405.656.2344. There is no deadline for filing enrollment applications for membership purposes. However, the Tribal Council may from time to time establish a deadline for filing of enrollment applications for specific purposes.
C. What the application must contain - Each enrollment application must be completed in its entirety and must contain sufficient personal information to properly determine the applicant's eligibility for enrollment. The enrollment application shall show the following:
D. Documentation to accompany all applications - Since the burden of proof is on the applicant, the application must be accompanied by the following documentation:
(a) a marriage license showing that the applicant's mother was married
to the tribal member father at the time of conception OR
(b) a
notarized affidavit of paternity signed by both the applicant's mother and
father OR
(c) a court
order declaring a specific tribal member to be the natural father OR
(d) a DNA or
genetic marker test (obtained at the applicant's sole expense)
determining the probability that a specific tribal member is the natural
father
of the applicant to by not less than 97%.
E. Additional documentation to accompany application of applicant who is adopted. In addition to those items identified in subsection D above, an applicant who has been adopted must also submit documentation proving that a natural parent is a descendent of a base enrollee. Usually this documentation will consist of a copy of the adoption decree together with either the original birth certificate showing the natural parent(s) or a legal document identifying the natural parent(s). However, a certification from the Secretary of the Interior or his/her authorized representative pursuant to the Indian Child Welfare Act of 1978 (P.L. 95-608) shall be conclusive evidence of the relationship to the natural parent(s).
VII. Processing an application for enrollment
A. By Enrollment Coordinator - The tribal council shall designate a tribal employee to serve as Enrollment Coordinator. All applications shall be received or routed to this coordinator who shall take or supervise the taking of the following actions:
B. By the Enrollment Committee:
C. By the Tribal Council
VIII. LOSS OF MEMBERSHIP - There are two ways in which membership in the tribe may be lost. One is voluntary and is called relinquishment. The other is involuntary and is called disenrollment.
A. Relinquishment
B. Disenrollment: The burden of proof in disenrollment actions rests with the tribe. The Enrollment Coordinator may initiate research into the eligibility of any member on the tribal roll. The Enrollment Coordinator shall initiate such research upon receipt of written evidence from a tribal member challenging the membership eligibility of any other current member.
IX. Appeals
A. Eligible appellants - The following persons shall be eligible to file an appeal: 1. Any applicant who has been rejected for membership or 2. Any person who has been disenrolled.
B. Timing of appeal - Each notice of rejection or disenrollment shall provide that an appeal must be received within thirty (30) days of the receipt of the notice in order to be considered. The date stamped on the receipt of the certified letter shall be considered the beginning of that 30 day period.
C. Filing of appeal - The notice of appeal must be filed with the Enrollment Coordinator. The date the appeal is received in the enrollment office shall to considered its date of receipt. An appeal must be in writing. No appeal may be filed by any form of electronic communication. Failure to file an appeal within thirty (30) calendar days shall waive any right to an appeal.
D. Handling of appeal - Upon receipt of an appeal, the Enrollment Coordinator shall notify the Tribal Council of the receipt of the appeal. The appeal shall be considered at the next meeting of the membership. The Enrollment Coordinator shall notify the appellant of the date of the next membership meeting by certified mail. This notice shall outline clearly again the basis for the rejection of the appellant's application or the basis for the appellant's disenrollment and shall inform the appellant of his/her right to be heard in person or by representation. This notice shall also inform the appellant that new evidence may not be presented. Rather, the membership shall base its decision upon the documents available to the Enrollment Committee and the Tribal Council. Following the membership meeting, the decision of the membership shall be documented in the meeting's minutes and appellant shall be notified of that decision by certified mail. The decision of the membership shall be final.
X. Records
A. Contents of individual folders: An individual folder shall be established for each tribal member and applicant. The folder shall contain the following items:
B. Access to records: The following procedures shall govern the access to the records in the enrollment office:
C. Updating records: Upon receipt of appropriate documentation, the Enrollment Coordinator is authorized to update information on the tribal roll. The following documentation is deemed adequate for such actions to be taken:
1. Name change - Marriage license or divorce decree or court
order changing name.
2. Address change - Written statement signed by
tribal member over 18 years of age; notarized statement or affidavit stating
custody of minor with address change.
3. Death - Death certificate, Bureau of Indian Affairs records, mortuary
records, hospital records, obituary notice from newspaper, notarized statement
from an individual who attended the funeral or who saw the grave marker and can
provide date of death
Any change for which none of the above documents is available must be authorized in writing by the Tribal Council stating the reason for the change without usual documentation. A copy of that written authorization shall be placed in the individual's folder.
XI. Computing Degree of Tribal Blood:
A. Initial Computation
1. Caddo Indian Blood - Pursuant to Article III, Section 1, all persons of Caddo Indian blood who received an allotment of land as members of the Caddo Indian Tribe (base enrollees) are declared full blood (4/4) Caddo for the purposes of computing eligibility of their descendents for membership. Caddo tribal blood may not be derived from any persons other than those on the base roll.
2. Other American Indian blood - Pursuant to Article III, Section 3(b) (effective 7/6/02) the total quanta of American Indian blood possessed by a member of the Caddo Nation or an applicant for membership in the Caddo Nation shall be counted as Caddo Indian blood for the purpose of determining the eligibility of that person and his/her descendent(s) for membership in the Nation, provided that member or applicant possesses at least 1/16 Caddo Indian blood. It is the responsibility of the member or applicant to provide verification of the other American Indian blood from either the other tribe(s) or from an agency of the Bureau of Indian Affairs.
B. Changing Blood Degrees - Once the degree of tribal blood has been recorded for a member on the tribal roll, it shall be changed only when the following procedures have been completed. Whenever a member requests a change in his/her blood degree, the Enrollment Coordinator shall research the request. The Enrollment Coordinator is also authorized to initiate research into the accuracy of blood degrees shown on the tribal roll as time permits.
1. If a determination is made that a member's blood degree has been erroneously computed, a resolution shall be prepared for Tribal Council action documenting the basis for the change and authorizing the Enrollment Benefits Coordinator to make the change for the member and for all other persons affected by the change. These changes shall be made whether they increase of decrease the degree of Indian blood and/or the degree of Caddo blood of the affected members.
2. The member requesting the change and all other persons affected by the change shall be notified of the change by the Enrollment Coordinator. Any person whose blood quantum has been changed has the right to appeal pursuant to section IX of this ordinance only if the change results in disenrollment.
XII. Adoption Into Membership:
Article III, Section 4, of the constitution
provides that persons may be adopted into the tribe pursuant to rules prescribed
by the Tribal Council with approval of the
membership and consistent with United States law. However, the Tribal Council
does not at this time foresee the probability of such adoptions occurring.
Therefore, no procedures for such adoptions into membership are being included
in this ordinance.