May 20, 2010 - Eastern Band of Cherokee

NEWS ka-no-he-daTabled OrdinancesTabled Ordinance No. 216 (2010)SUBMITTED By CHEROKEE BOARD OF ELECTIONSWHEREAS, the Board of Elections has submitted proposedchanges to the Election Ordinance; andWHEREAS, the proposed changes include an Early Votinglegislation to be added to the Election Ordinance.NOW, THEREFORE BE IT ORDAINED, by the Tribalouncil of the Eastern Band of Cherokee Indians assembled,at which a quorum is present, that the following secionsof Chapter 161 of Cherokee Code, shall be modifiedo read as follows:ote: This 41-page ordinance may be viewed in its enretyat the TOP Office.Tabled Ordinance No. 277 (2010)SUBMITTED By EBCI ENROLLMENT COMMITTEEWHEREAS, the Eastern Band of Cherokee Indians is asovereign entity with the authority and powers to establishand regulate membership and enrollment in the Tribe; andWHEREAS, in 1995 Tribal Council established CherokeeCode Chapter 49 to govern membership in the Tribe; andWHEREAS, the current version of Cherokee Code Chapter49 fails to establish an application deadline in orderfor new applications to be considered for the June percapita distribution; andWHEREAS, in furtherance of the protection of the Tribe’smembership it would be advantageous to require all applicantsfor Tribal membership to submit DNA results provingeligibility for membership as part of the applicationprocess.NOW THEREFORE BE IT ORDAINED by the Tribalouncil of the Eastern Band of Cherokee Indians, inouncil assembled, at which a quorum is present, that theherokee Code Section 49-5 is amended to read as folows:ec. 49-5. Applications for enrollment.Subsection (a) remains unchanged]b) When and where to file an application. All enrollmentpplications must be filed with the Enrollment Clerk oruch other person as may be designated by the memberhipcommittee of the Eastern Band of Cherokee Indians.Application forms may be obtained by oral or written reuestfrom the Eastern Band Tribal Enrollment Office.pplications for membership may be filed at any time.here are deadlines for applications to be considered fornclusion in distribution of per capita payments.1) In order to be considered for the per capita payment tobe distributed in December of any year, applications andall documentation required to establish lineage and blooddegree must be received by September 15 of the sameyear as the per capita payment.(2) In order to be considered for the per capita distributionpayment to be distributed in June of any year, applicationsnd all documentation required to establish lineage andblood degree must be received by March 15 of the sameyear as the per capita payment.(3) Any applications received after September 15 orMarch 15, or any applications received before September15 or March 15 without all the required documentation,will be processed for consideration for inclusion on themembership roll to be used for distribution of subsequentper capita payments.(c) What the application must contain. Each enrollmentapplication must be completed in its entirety and mustcontain sufficient personal information to properly determinethe applicant’s eligibility for enrollment. Applicationsmust show the following:(1) All names by which the applicant is known;(2) The address of the applicant;(3) The applicant’s degree of Eastern Cherokee blood;(4) The names of Eastern Cherokee ancestors whosenames appear on the 1924 Baker Roll of the Eastern Band,together with the names of Eastern Cherokee ancestors ingenerations between that roll and the applicant;(5) The names of the Tribe and degree of Indian blood ofany Tribe other than Eastern Cherokee, as certified byother Tribe;(6) The Social Security Number and a copy of the SocialSecurity card of the applicant or a copy of the completedapplication for a Social Security card. An applicationshall not be considered incomplete due solely to a delayby the Social Security Administration in issuing SocialSecurity cards;(7) The county and state of birth and a county certifiedbirth certificate (state certified birth certificates will onlybe accepted when the county does not issue birth certificates);(8) The status of natural or adopted applicant;(9) The signature of the applicant or sponsor;(10) The date of the filing of the application; and(11) A complete, signed, and dated IRS Form W-9.(12) The results of a DNA test, from a lab acceptable tothe Enrollment Committee, establishing the probability ofpaternity and/or maternity by the parent(s) through whomlineage is claimed for an applicant.(d) Proof of lineage. The burden of proof is on the applicant.The application for membership must be accompaniedby: a county certified birth certificate issued by theappropriate governmental entity where the birth occurred,and the certified results of a DNA test establishing theprobability of paternity and/or maternity of the applicantfrom a lab acceptable to the Enrollment Committee.(1) DNA Testing Requirements:(a) Testing must occur directly between the applicant andthe alleged mother and father unless the parent is unavailablefor testing through no fault of the applicant.(b) When a parent of an applicant is unavailable for DNAtesting the Enrollment Committee may accept the certifiedresults of a DNA test between the applicant and both ofthe missing parent’s biological parents (applicant’s grandparents)to establish the probability of relatedness to thegrandparents.(c) A certified copy of the test results must be submittedby the testing lab directly to the Enrollment Office.(d) The applicant is responsible for all fees related to theDNA test.(2) In addition, the Enrollment Committee may, at its discretion,require the submission of one or more of the followingdocuments to establish to its satisfaction that theapplicant has the lineage and blood quantum required byTribal law:(a) Documentary evidence of an adoption,(b) Other documents which are needed for a specific applicant.(e) Adopted Eastern Band of Cherokee Indians child. Anadopted person’s eligibility for enrollment is determinedthrough one or both of the natural parents. Documentaryevidence submitted to support an adopted person’s applicationfor enrollment must show relationship to the naturalparent through whom eligibility for enrollment is determined.In the case of adoptions, DNA testing is notrequired. The information shall be contained in lockedfile cabinets, and adequate safeguards shall be installedto ensure that the confidentiality of these records shall notbe violated.[Subsection (f) remains unchanged]BE IT FURTHER ORDAINED that this amendment shallbe effective upon ratification by the Principal Chief, andall prior ordinances and resolutions that are inconsistentwith this ordinance are rescinded.Amendments to Ord. No. 277, added on May 6, 20101. Page 3, add Subsection (g) entitled “TemporaryCessation of Enrollment Until Determined Appropriate.”2. Subsection g (1) will read as follows: Tribal Enrollment,with the exception of newborns to three yearsof age, and 18 to 19 year olds, will cease until the enrollmentaudit process is complete.3. Subsection g (2) will read as follows: Tribal Enrollmentwill resume upon completion of enrollment auditprocess, or within one year or less.4. Sec. (d) Proof of Lineage, (1), add (e) as follows:“(e) DNA testing required for applicants, includingadoptees.”5. Page 3 (e) “Adopted Eastern Band of CherokeeIndians child,” delete the following sentence in its entirety:“In the case of adoptions, DNA testing is not required.”Tabled Ordinance No. 321 sub. (2010)SUBMITTED By OFFICE OF FINANCE AND BUDGETand the OFFICE OF THE ATTORNEY GENERALWHEREAS, Tribal Council established Cherokee CodeSection 106-50 to govern the regulation of Business BackgroundChecks on Tribal Land; andWHEREAS, Tribal Council amended Cherokee CodeSection 106-50 on July 9, 2009 when it passed OrdinanceNo. 801 (2009).WHEREAS, a further amendment, Ordinance 160, wasdeemed read and tabled for the 25 day period at the February4, 2010 Tribal Council Session and was tabled atthe March and April Tribal Council Sessions.WHEREAS, to facilitate business transactions on TribalLand, Ordinance 160 is being replaced and 106-50 shouldbe amended so that Business Background checks are onlyperformed so as to protect the general public.NOW THEREFORE BE IT ORDAINED by the TribalCouncil of the Eastern Band of Cherokee Indians assembled,at which a quorum is present, that Cherokee CodeSection 106-50 is amended to read as follows:Sec. 106-50. Business background checks.(a) A background check requirement applies to anyperson, business partner or entity who is:1. Not a member of the Eastern Band of CherokeeIndians and;2. Who leases or operates a retail business on theBoundary.(b) This section applies regardless of whether theperson or entity is for-profit or not-for-profit, and regardlessof their legal formation or lack thereof. If a new corporation,the principals thereof are subject to thesee ORDINANCES page 28THURSDAY, MAY 20, 2010cherokee one feather27