Caddo Nation Membership
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:
- Number - The Committee shall consist of three persons, all of whom shall be appointed by the Tribal Council and one of whom shall be a member of the Council.
- Term of Office - The two members of the Committee who are not members of the Tribal Council shall hold office for four years or until his/her successor has been appointed by the Tribal Council. Members may be re-appointed for additional terms if the Tribal Council desires. All terms shall begin on September 1st. The terms of the members shall be staggered in order to assure continuity within the Committee. To establish these staggered terms, initial appointments shall be made as follows: One committee member - four years; one committee member - two years. Each of these initial terms shall be established to begin upon appointment and continue until the September 1st closest to the stated term.
- Vacancies - Vacancies in the Committee shall be filled by the Tribal Council. In order to preserve the staggering of terms, any person appointed to fill a vacancy on the Committee shall be appointed for the remainder of the term of his/her predecessor.
- Removal - If, in the view of a majority of the members of the Committee, a member of the Committee should be removed for the best interests of the Tribe, the Committee shall notify the Tribal Council in writing. The Tribal Council shall then decide whether or not to remove such member from the Committee.
- Quorum - Two members of the Committee shall be necessary to constitute a quorum for the transaction of business. If a quorum is present, the acts of a majority of the members of the Committee in attendance shall be the acts of the Committee.
- Meetings - Regular meetings of the Committee shall be held each month on one or more date(s) established by the Enrollment Coordinator unless the members shall have been notified of a change in the meeting at least three (3) days prior to the regular meeting date. Other meetings of the Committee may be called by the Enrollment Coordinator or by the Chairperson of the Committee at their discretion. Meetings shall be called by the Chairperson upon written request of a majority of the members of the Committee.
- Chairperson - The Committee shall select a chairperson from among its members in September of each year. The chairperson shall serve for a term of one year, but may be reelected by the members of the Committee for as many additional terms as they choose. The Chairperson shall preside over meetings of the Committee, except that, in the absence of the chairperson, another member may be selected by the members present to preside over a meeting.
- Stipend - Each member of the Enrollment Committee shall receive a stipend as established by the Tribal Council.
- Oath - Each member of the Enrollment Committee shall be required to take the following oath prior to beginning to service: "As a member of the enrollment committee of the Caddo Nation, I, ______________, hereby pledge to make all decisions as required by current tribal law and to apply that tribal law objectively based on documented facts without regard to the individuals involved in the decisions. I further pledge to maintain the confidential nature of all the information that is made available to me as a result of my position on the enrollment committee. I also affirm that all documents which come into my possession at any time during my tenure are and will remain as the property of the tribe."
C. Function of the Committee - The Committee shall perform the following functions:
- To review all applications for enrollment and documentation presented in support thereof.
- To recommend to the Council whether an application should be approved or rejected.
- To propose to the Council any recommended changes in this Ordinance or in other enrollment policies and procedures.
D. Authority of the Committee - The Committee shall have the following authority in performing its functions:
- To adopt written rules and policies in carrying out the objectives and purposes of this ordinance, provided that such rules and policies are not inconsistent with the provisions of this ordinance or of the laws of the Tribe, and further provided that such rules and policies are approved by the Council. Council approval of such rules and policies adopted by the Committee shall be presumed after presentation to the Council in writing in the absence of specific rejection by the Council within thirty (30) days of its receipt thereof.
- To approve appropriate changes to the Application for Enrollment in the Caddo Nation.
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:
- All names by which the applicant is or has been known.
- The mailing address of the applicant.
- The applicant's telephone number.
- Date of applicant's birth.
- Applicant's social security number.
- The name of any tribe(s) other than the Caddo Indian Tribe from which the applicant is descended.
- The name of the base enrollee through whom the applicant is claiming eligibility for membership.
- The requirement of a "yes" or "no" answer to the question: Is the applicant an enrolled member of another tribe, band or Indian community?
- The requirement of "yes" or "no" answers to the questions: Is the applicant adopted? Were any of your ancestors adopted?
- Certification that the information given in the application is true and accurate as known by the applicant or sponsor.
- Signature of applicant or sponsor (with relationship to applicant). Applications for minors require the signatures of both parents or a certification that the non-signing parent is not a member of another tribe.
- Date the application was signed.
D. Documentation to accompany all applications - Since the burden of proof is on the applicant, the application must be accompanied by the following documentation:
- Family tree chart
- Applicant's original state-issued birth certificate
- If the applicant's natural mother was not a tribal member, or if the tribal blood of the father is required for eligibility, one of the following also must accompany the birth certificate:
(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%.
- Documentation proving the direct descent of each Caddo ancestor from a base enrollee if neither the applicant's father nor mother is an enrolled member of the tribe.
- Relinquishment of membership in any other tribe, band or Indian community of which the applicant is a member, if the applicant was enrolled with that tribe as a minor. If the applicant enrolled with that tribe as an adult, they are not eligible for Caddo membership under Article III, Section 3. If an applicant who was enrolled with another tribe as a minor has filed a conditional relinquishment of the membership in another tribe, band or group, that will automatically become effective upon approval of the Caddo Indian Tribe membership application, this requirement shall be deemed to have been met.
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:
- Stamp the application form and all enclosures with the date on which they were received and acknowledge receipt of them.
- Make a folder for the application and supporting documents.
- Make sure the application is complete. A copy will be made of an incomplete application and the original will be sent back to the applicant to be completed. The date the incomplete application was returned to the applicant will be noted. The copy will be retained in the applicant's folder along with the supporting documents pending the return of the completed original application.
- A completed application submitted without supporting documents will be retained in the applicant's folder. A letter will be sent requesting the needed documents.
- Compute the applicant's degree of Indian blood of the Caddo Indian Tribe.
- Check with any other tribes, bands or Indian communities from which the applicant is descended to verify whether or not the applicant is a member of any of those groups. Although not necessary to determine eligibility for membership in the Tribe, a certification of the applicant's degree of Indian blood of the other tribe(s) may also be requested, as a service to the applicant, in order that this information may be added to the tribal roll.
- Make ready each completed application, along with proper documentation, for review by the enrollment committee within 30 days of receipt.
- Assist the applicant as much as possible in determining ways that might help in establishing eligibility.
B. By the Enrollment Committee:
- Examine each application with its supporting documents within 90 days of its receipt.
- Determine whether additional information, documents or research are required. If so, direct the Enrollment Coordinator to prepare appropriate correspondence requesting information or documents or assign responsibility for needed research.
- Recommend for membership the applicants who have proven they fulfill the membership requirements as shown in the constitution.
- Instruct the Enrollment Coordinator to prepare resolutions accepting eligible applicants and forward the resolutions to the Tribal Council for action.
- Recommend for rejection the applicants who have not proven they fulfill the membership requirements as shown in the constitution.
- Instruct the Enrollment Coordinator to prepare resolutions rejecting such ineligible applicants and forward the resolutions to the Tribal Council for action.
C. By the Tribal Council
- Adopt resolutions approving eligible applicants and rejecting ineligible applicants.
- Direct the Enrollment Coordinator to notify the accepted applicants of their acceptance into membership.
- Direct the Enrollment Coordinator to notify the rejected applicants by certified mail of their rejection, giving them their right to appeal the rejection to the membership in Section IX of this ordinance. Such rejected applicants shall also be advised that a new application may be submitted when the needed documentation of eligibility has been obtained.
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
- By an adult member - Any adult member of the Caddo Indian Tribe may voluntarily relinquish his/her membership. Such relinquishment must be in writing, and the member's signature must be notarized. No formal action by any tribal body is required for the relinquishment to become effective. The Enrollment Coordinator shall note the date of the relinquishment (and the tribe which the member has joined it that is the case) on the tribal roll, notify the Tribal Council of the action, file the relinquishment form in the former member's folder and move the folder into the drawer designated for former members.
- By a minor - The membership of any member of the Tribe who is not at least 18 years of age may be relinquished by his/her parent or guardian. The relinquishment must be in writing, and the signature of the parent or guardian must be notarized. The Enrollment Coordinator shall take great care to determine that the individual who signed the form has legal custody of the affected minor member. Then the minor's relinquishment shall be processed the same as one for an adult.
- Forms and effective dates - Any member desiring to relinquish shall be encouraged to do so on a conditional relinquishment form. In such case, the relinquishment shall become effective upon acceptance of that individual into the membership of another tribe. The member's name shall not be removed from the Caddo Indian Tribe's current membership roll until documentation of the acceptance into the other tribe's membership is received. Should a member insist upon relinquishing in writing without using the conditional relinquishment form, the tribe will comply with the member's wishes and remove the member's name from the current tribal roll with the effective date being the date the relinquishment was received by the Enrollment Coordinator.
- Membership after relinquishment - An adult member who relinquishes his/her membership in the Caddo Indian Tribe has permanently severed his/her ties with the tribe and shall not be permitted to rejoin the tribe. A minor member whose membership has been relinquished by a parent or guardian may submit an application for membership after he/she becomes 18 years of age. Such application shall be processed as though the individual had not previously been a member.
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.
- Who may be disenrolled - A base enrollee may not be disenrolled. Any other tribal member shall be disenrolled when proof is available that he/she
- was erroneously enrolled in that he/she did not submit adequate documentation proving he/she met the constitutional membership criteria at the time of enrollment. This "erroneous enrollment" may have resulted from fraudulent submissions, mistakes in blood degree computations or inadequate research.
- is currently enrolled with another Indian tribe and does not relinquish the membership in the other tribe within thirty (30) days of receipt of a certified letter from the Secretary of the Tribal Council informing him/her of the necessity to submit the required relinquishment.
- Procedure for disenrollment - A member identified as subject to disenrollment pursuant to the above sub-section shall be notified by the Enrollment Coordinator by certified mail, return receipt requested, of the intent to disenroll. Included in the notice shall be the date set for a hearing before the Tribal Council to consider the matter. Following the hearing, whether or not the affected member makes any appearance or response, the Tribal Council shall determine if the member is to be disenrolled. Such decision shall be documented in a Tribal Council resolution. The disenrolled member shall be notified of the action taken by certified mail, return receipt requested. Such notice shall include the appeal rights outlined in section IX of this ordinance.
- Membership after disenrollment
- Persons identified in subsection B.1.a of this section who have been disenrolled may submit new applications for membership when adequate documentation of eligibility has been obtained. Such applications will be processed as though the individual had not previously been a member,
- Persons identified in subsection B.1.b of this section who have been disenrolled shall be permanently barred from consideration for future membership in the Tribe.
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:
- Application
- Family tree chart with initialed notations of blood degree computations
- Birth Certificate
- Correspondence
- All other documentation on the person pertinent to membership in the tribe (including verification of other Indian blood)
- Death Certificate
B. Access to records: The following procedures shall govern the access to the records in the enrollment office:
- The roll - A listing of names only of tribal members may be viewed by any member of the Tribe who comes into the enrollment office. No other information from the tribal roll may be viewed by anyone not involved in enrollment actions. Neither the roll nor any portion thereof may be copied and/or distributed to any person or organization except upon written permission of the Tribal Council. The Tribal Council shall exercise its discretion in using and/or releasing information from the roll for the benefit of tribal members or tribal programs. The Tribal Council may also approve a schedule for charging for copies of the tribal roll or any portion thereof in any format.
- The folders - Information in individual folders shall be considered confidential. It shall not be available to anyone except that individual member (or his/her parent or guardian) and to the Enrollment Coordinator, the enrollment committee, and the Tribal Council when such examination is necessary in considering enrollment decisions.
- Special concern - An adopted person's eligibility for enrollment is determined through one or both of the natural parents. Documentary evidence submitted to support an adopted person's application must show relationship to the natural parent through whom eligibility for enrollment is determined. All information concerning adopted persons shall be considered confidential. This information shall be stored in locked file cabinets and adequate safeguards shall be installed to ensure that the confidentiality of these records shall not be violated.
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.
