There have long been rumors of impropriety, padding, exclusions regarding tribal membership, as to who does and does not have legitimate right to be a tribal member. lately there has been a LOT of accusations that when someone complains about either someone having no blood quota or less than they claim on membership documentations the person making the claim is attacked. some of the subjects of the accusations have been long under question as to their legitimate right to be on the membership. people have let it slide and only in the past few yrs has it become so hotly debated. the constitution sets out the requirements for membership. it also addresses the issue of improper enrollment as well as the repercussions. another issue that ties in with this is the complaining of many people about adding on not only 1st gen, but other people with legitimate claims to being recognized by admission to the tribal membership. before you say one does not have anything to do with the other, let me refresh memories. the majority of people who oppose both the addition of those i just indicated as well as leaving the roll open use as their reasoning (as they have been erroneously led to believe) is that if more people are added on the rolls the per cap will reduce. seriously? how in the world can you complain about people being added on when there are people who are now tribal members with absolutely NO creek blood in their veins? HOW can anyone justify a person receiving an approximately $900,000 in benefits and per cap for approximately 30 years if they have ZERO BQ? that effects the entire tribe. if the claims are wrong, then the accused subject can end the entire dispute with a DNA to prove it. The constitution and code sets out not only guidelines to pursue such claims but also the repercussions as to falsifying both claims to membership as well as false accusations against someone for falsifying membership enrollment. Legally, that is fraud FROM THE POARCH CONSTITUTION: Article I - MEMBERSHIP Section 1. Eligibility Membership of the Poarch Band of Creek Indians shall consist of: (A) All persons enumerated or recognized by the Poarch Band of Creek Indians Tribal Council as Indian on the following official documents: (1) 1870 U.S. Census of Escambia County, Alabama; (2) 1900 U.S. Census of Escambia County, Alabama; and (3) 1900 U.S. Special Indian Census of Monroe County, Alabama. NOTE: For the purpose of computing blood quantum of their descendants for tribal membership, all Indians eligible under Section 1(A) are hereby declared as full blood (4/4) shall constitute the base roll of the Poarch Band of Creek Indians. (B) All living relatives of those eligible under Section 1(A) of at least one fourth (1/4) degree Poarch Creek Indian blood, provided they are not enrolled as members of any other federally recognized tribe, group or band of Indians. Provided, however, that no person whose name does not appear on the official tribal roll of the Poarch Band of Creek Indians as of December 31, 2008, shall be eligible for membership, unless (i) the person has submitted a completed application by December 31, 2008; (ii) the person is eighteen (18) years of age or younger on December 31, 2008 and a completed application for his or her membership is submitted by his or her twenty-first birthday; (iii) the person is born on or after December 31, 2008 and a completed application for his or her membership is submitted by his or her twenty-first birthday; or (iv) the person becomes eligible for membership because of a correction in an enrolled tribal members blood quantum. Section 2. Powers of to Determine Membership The Poarch Creek Indian Tribal Council shall have the sole authority to determine membership of the Poarch Band of Creek Indians. No decree of any Court purporting to determine membership in the Poarch Band of Creek Indians, paternity, or degree of Creek Indian or other blood shall be recognized as determination of membership in the Poarch Band of Creek Indians. Section 3. Membership Ordinance The Tribal Council shall enact an ordinance establishing procedures for processing membership matters including application procedures and blood degree corrections of the roll as provided in Article I, Section 1 of this Constitution, within six months of the first Tribal Councils election to office under this Constitution. That ordinance shall contain procedures, including the right of appeal. CHAPTER V of the Code of the Poarch Band of Creek Indians RELINQUISHMENT AND DISENROLLMENT Sec. 34-5-2 Disenrollment Grounds (a) The following shall be grounds for disenrollment of any Tribal Member: (1) A person obtained membership through an administrative error; (2) A person obtained membership on the basis of false information or misrepresentation; or (3) An enrolled Tribal Member became a recognized member of another federally recognized Tribe or band without relinquishing his or her membership. Sec. 34-5-3 Disenrollment Report (a) Who May File (1) Any Tribal Member may file a disenrollment report with the Department if the reporting party in good faith, believes or has reason to believe that a Tribal Member meets any of the grounds listed above for disenrollment. (2) The Department may initiate its own report if the Department becomes aware of any Tribal Member who should be disenrolled because of any grounds listed above. (b) Where Report is to be Filed The report may be hand-delivered, mailed, faxed, or emailed to the Department. (c) Content of Report A report shall include, but not limited to, the following information: (1) Name of the Tribal Member who is being reported; (2) Statement of facts to support why the reporting party believes that the Tribal Member should be disenrolled: (3) Statements from individuals who have first-hand knowledge of the facts; (4) Documentary evidence that supports the allegations; and (5) Signed statement that the information the reporting party has provided is true, accurate, and complete to the best of his or her knowledge. (d) Attorney General Referral Upon the receipt of a disenrollment report, the Department shall forward a copy to the Tribal Attorney General for a determination as to whether there may have been a criminal violation. The Tribal Attorney General may disclose the information to the appropriate agency or department for investigation. Sec. 34-5-4 Investigation (a) No later than seven (7) days after the receipt of the disenrollment report, the Department shall initiate an investigation of the allegations. The investigation shall include, but not be limited to, the following: (1) Comprehensive review of Tribal documents and supporting documentation; (2) An interview of all witnesses who may have information regarding the allegations; (3) Review of any evidence provided by the reporting party or from witnesses that is relevant to the complaint; (4) An interview of the respondent if he or she wishes to provide information and any witnesses proposed by the respondent who have not already been interviewed; and (5) Receipt of any additional evidence the respondent wishes to provide. Sec. 34-5-5 Enrollment Review Committee Evaluation (a) No later than ninety (90) days after the disenrollment report is filed, the Department shall present the disenrollment report and the results of the investigation to the Enrollment Review Committee. (b) There shall be a rebuttable presumption that any enrolled Tribal Member has established the biological relationship(s) between the Tribal Member and the Tribal Members ancestor who was listed on the base roll. (c) Based upon the disenrollment report and the investigation, the Enrollment Review Committee shall determine if there is need for DNA testing. If there is a need for the Enrollment Review Committee to order DNA testing, the Enrollment Review Committee shall delay a determination regarding the filing of a disenrollment petition until the results of the DNA testing have been received. (1) If the Enrollment Review Committee orders DNA testing based upon the disenrollment report and the investigation, then the Tribal Member whose membership is at issue shall comply with the order and submit to DNA testing within thirty (30) days of the order. Failure to submit to DNA testing shifts the burden of proof to the Tribal Member to prove to the Enrollment Review Committee and the Tribal Council, if a disenrollment petition is filed, the biological relationship(s) between the Tribal Member and the Tribal Members ancestor who was listed on the base roll. (2) If another Tribal Member is needed to complete DNA testing ordered, then the Tribal Member shall also submit to DNA testing within thirty (30) days. Failure to submit to DNA testing within the thirty (30) days may be grounds for sanctions, pursuant to Section 34-5-7 (d) If the Enrollment Review Committee believes that grounds exist for disenrollment, then the Department shall file a disenrollment petition with the Chairmans office. (e) The Chairmans office shall send the petition to dis-enroll along with written notice informing the Tribal Member of a day and place for hearing. Sec. 34-5-6 Hearing (a) The hearing shall be held by the Tribal Council no later than thirty (30) days after the petition for disenrollment is filed. (b) All petitions for disenrollment shall be decided by the Tribal Council. Disenrollment requires a two-thirds (2/3) vote of the total membership of the Tribal Council in favor of the disenrollment. (c) The Tribal Council shall make a decision regarding disenrollment no later than thirty (30) days after the hearing. If it is the decision of the Tribal Council to dis-enroll a member, then the Tribal Council shall pass a resolution of the official disenrollment. The Tribal Council shall send written notice to the disenrolled Tribal Member of their decision. (d) The decision of the Tribal Council shall be final and not subject to final appeal. Sec. 34-5-7 Sanctions for Bad Faith Claims and Failure to Cooperate with Investigations (a) If a Tribal Member has filed a disenrollment report in bad faith or if a Tribal Member fails to cooperate with an enrollment investigation, the Department shall forward the name of the Tribal Member to the Tribal Council with the allegations against the Tribal Member. (b) The Tribal Council shall hold a hearing where the Tribal Member is present and able to answer the allegations against him or her. If the Tribal Council concludes that the Tribal Member filed a disenrollment report in bad faith or failed to cooperate with an enrollment investigation, then the Tribal Council may sanction the Tribal Member. (c) Sanctions may include, but are not limited to: (1) Suspension of discretionary benefits; and/or (2) Fines and other monetary sanctions. for your convenience, a pdf copy of the actual code is also shown on this group under files
Posted on: Fri, 25 Apr 2014 19:23:03 +0000
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