HOPI ENROLLMENT ORDINANCE
SECTION 1: STATEMENT OF PURPOSE
This is an ordinance to define and regulate membership in the Hopi Indian Tribe in accordance with the Constitution and By-Laws of the Hopi Tribe or amendments hereinafter made, and to establish an orderly enrollment procedure, consistent with applicable laws and regulations, and which will preserve and retain the religion, tradition, ceremonies and customs of the Hopi Indian Tribe.
Be it enacted by the Hopi Tribal Council assembled of the Hopi Indian Reservation of Arizona as follows:
SECTION 2: SHORT TITLE
This ordinance shall be cited as the Hopi Enrollment Ordinance.
SECTION 3: AUTHORITY
The authority for this ordinance is Article II and Article VI, Sections 1(g), (k), and (l), of the Constitution and By-Laws of the Hopi Tribe.
SECTION 4: DEFINITION OF TERMS
4.1 Adoption - means the process of seeking membership into the Hopi Tribe under Article II, Section 2 of the Constitution and By-Laws of the Hopi Tribe.
4.2 Appellant - means a person who is appealing the Hopi Tribal Council decision to reject an application for enrollment.
4.3 Applicant - means a person seeking enrollment or adoption into the Hopi Indian Tribe.
4.4 Base Roll - means the December 31, 1937 census roll of the Hopi Tribe.
4. 5 Enrollment - means the process of applying for membership as set forth in Article II, Section 1 of the Constitution and By-Laws of the Hopi Tribe.
4. 6 Enrollment Committee - means a committee established by the Hopi Tribal Council which among other duties shall review and recommend to the Hopi Tribal Council whether enrollment or adoption applications should be approved or rejected.
4.7 Enrollment Department - means the department established by the Hopi Tribal Council to receive and process applications for membership, to maintain records and documents on all Hopi Tribal members, and to serve as a resource center on statistical information as needed by the Hopi Tribe.
4.8 Father - means natural father.
4.9 Hopi Appellate Court - means the appellate court established by the Hopi Tribal Council.
4.10 Hopi Tribal Council - means the duly elected and recognized body as defined in Article IV of the Constitution and By-Laws of the Hopi Tribe.
4. 11 Hopi Tribal Court - means the judicial court established by the Hopi Tribal Council under Article VI, Section 1(g) of the Constitution and By-Laws of the Hopi Tribe.
4.12 Indian Tribe - means any Indian tribe which is a federally recognized tribe.
4.13 Kikmongwi - means the recognized leader of chief of a village who exercises the authorities and responsibilities as reserved to the village through tradition and by the Constitution and By-Laws of the Hopi Tribe.
4.14 Member - means an enrolled member of the Hopi Indian Tribe either through lineal-descent or previous adoption by Tribal Council and all enrolled or recognized member of any federally recognized tribe.
4. 15 Membership - means the status of being a member of a tribe with all rights and privileges accorded the person.
4.16 Mother - means natural mother.
4.17 Person - means a person as used in Article II of the Constitution and By-Laws of the Hopi Tribe.
4.18 Relinquishment - means the voluntary withdrawal from membership in the Hopi Indian Tribe.
4.19 Sponsor - means the applicant's parents, legal guardian, next of kin, or spouse, or a member of the Hopi Indian Tribe authorized by the applicant as provided in Section. 12 of this ordinance.
4.20 Village Governor - means an elected official of a village who exercises the activities and responsibilities as reserved to the village through the Village Government and by the Constitution and By-Laws of the Hopi Tribe. The elected official shall be elected in accordance with village election procedures.
SECTION 5: CONFIDENTIALITY AND ACCESS TO INFORMATION
The Hopi Tribal Council recognized that records concerning an individual's enrollment may contain sensitive personal information. These records may also be critical in proving an individual's right to Hopi tribal membership. Accordingly, the Hopi Tribal Council shall require that the Enrollment Department and Enrollment Committee each establish policies and procedures to protect and preserve the confidentiality of individual enrollment records while also permitting legitimate access to information when necessary.
These policies and procedures shall be submitted to the Hopi Tribal Council for approval within 60 calendar days of the effective data of this ordinance.
STATEMENT OF POLICY AND PROCEDURE IMPLEMENTING CONFIDENTIALITY REQUIREMENTS OF ENROLLMENT ORDINANCE NUMBER 33 DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION
SECTION 1. PURPOSE AND SCOPE
This Statement of Policy and Procedure implements section 5 of Hopi Enrollment Ordinance Number 33 (July 9, 1980). As authorized by section 5 this Statement prescribes rules for the disclosure or information protected by section 5. The rules apply to information obtained by Hopi Tribal officers, committee members or employees in the course of administering Hopi Enrollment Ordinance Number 33. Except as authorized by the rules in this Statement, no information collected pursuant to Ordinance Number 33 shall be disclosed.
SECTION 2. DEFINITIONS
For purposes of this Statement:
(a) The term "committee" means any standing committee created and empowered by the Hopi Tribal Council.
(b) The term "Department" means the Hopi Enrollment Department.
(c) The term "file" means the facts collected on each individual during the enrollment application process.
SECTION 3. PROTECTION OF CONFIDENTIALITY
Any person with access to information from Enrollment files collected under Hopi Enrollment Ordinance number 33 shall observe the following measures to protect the confidentiality of the information against inappropriate access or disclosures.
A. Enrollment files may be disclosed to:
1) The individual asking to see his or her own file.
2) An individual asking to see the file of his or her parents or children.
3) An attorney or other person asking to see the file of an individual he or she represents when such representation is authorized in writing.
4) Tribal department (including the Office of General Counsel), committees, or officials or federal or state agencies or officials when:
(a) the information is needed for purposes of determining an individual's initial or continuing eligibility for enrollment, aid, services or other benefits accruing on the basis of tribal membership or;
(b) pursuing an investigation or prosecution of alleged or suspected fraud or similar abuse of the enrollment program or;
(c) the information is needed for the purpose of benefiting the Tribe as a whole as determined by resolution of the Hopi Tribal Council.
B. A note shall be entered in each file reviewed under section (a) above showing who reviewed the file, the date reviewed and the purpose of the review.
C. Information made available under subpart (a) above shall not be used for any purpose other than an individual's eligibility for enrollment, aid, services, or other benefits as relating to Tribal Membership.
D. The files shall be stored in a place physically secure from access by unauthorized persons.
E. Files in electronic format such as magnetic tapes or discs shall be stored and processed in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal or other means.
F. The department, committee or officials shall on continuing basis instruct all personnel who have access to the files as to the confidential nature of the files, the requirements of this section, and the civil sanctions against prohibited use or disclosure of enrollment information covered by this section contained in Hopi Tribal Ordinance #33 (section 5). Failure of any Tribal employee to comply with the confidentiality provisions set forth in this Statement shall result in disciplinary action in accordance with Chapter 6, Section E, of the Hopi Tribal Personnel Policies and Procedures Manual.
SECTION 5. VIOLATION
No information obtained through implementation of this Ordinance shall be made public except as provided for in the Statement of Policy and Procedure adopted by the Enrollment Department and Committee prescribing the rules for disclosure of confidential information. Any person who makes public information in violation of this subsection shall be civilly fined not more than $500, after a hearing by the Tribal Court.
NOTE: Section 5 amended in whole by Resolution H-87-81, October 20, 1981.
SECTION 6: CORRECTING AND BRINGING CURRENT THE DECEMBER 31, 1937 ROLL
6.1 AUTHORITY FOR MAKING CORRECTIONS
Article II of the Constitution and By-Laws of the Hopi Tribe was amended in January of 1980 to cite the December 31, 1937 census roll as the Base Roll of the Hopi Tribe from which future enrollees will trace their lineal descent. Article II also provides that: "corrections may be made at any time to said roll by the Tribal Council, subject to the approval of the Secretary of the Interior."
6.2 POLICY FOR CORRECTING THE DECEMBER 31, 1937 ROLL
The Enrollment Director shall ensure that appropriate corrections are made tot he December 31, 1937 Roll and that said corrections with supporting evidence are submitted first to the Enrollment Committee for their recommendation and to the Hopi Tribal Council for a resolution of approval and then to the Secretary of the Interior for approval.
6.2A Corrections Requiring Approval
Corrections to an individual's blood degree may only: be made if the individual listed on the roll or a lineal descendant of a person listed on the base roll questions, in writing, the blood degree shown on the record. All available records will be examined to determine the correct blood degree. All persons affected by the blood degree charge shall be notified by certified mail and given 30 days to present evidence as to why the change should not be made. Only if the best evidence shows that a change should be made shall the change be made.
6.2B Corrections Not Requiring Approval.
Certain corrections to the base roll may be made without the approval of the Hopi Tribal Council or the Secretary of the Interior. All such corrections shall be explained, documented, dated and signed. These corrections consist of the following:
6.2B.1 mathematical errors, when the record clearly shows that number have been figured incorrectly;
6.2B.2 incorrect sex designation;
6.2B.3 spelling errors;
6.2B.4 incorrect date of birth or age.
Corrections to the base roll shall be prepared by the Enrollment Department, reviewed by the Enrollment Committee and submitted to the Hopi Tribal Council for a resolution of approval. The corrected base roll, together with the resolution, shall be submitted to the Secretary of the Interior for approval. Steps to be taken in correcting the base roll include:
6. 3A Add to the roll the names of persons born before and living on, or adopted by the tribe before, the date of the base roll, whose names were mistakenly omitted.
6.3B Remove from the roll the following:
6.3B.1 all persons with NE (not enrolled) before their names;
6.3B.2 non-Indians married to Hopis.
6.3B.3 persons who relinquished their membership in the tribe before December 31, 1937; and
6.3B.4 persons who died before the date of the roll but whose names were placed on the roll by mistake
6.3C Remove from the roll the names of persons mistakenly designated Hopi who can be proved not to have been a member of the Hopi Tribe. Persons affected by the removal of a name for this reason shall be notified and given a hearing before the Enrollment Committee and the right to appeal pursuant to Sections 10 and 11 of this ordinance.
SECTION 7: MAINTAINING A CURRENT MEMBERSHIP ROLL
The Enrollment Department shall maintain a current membership roll based on the corrected December 31, 1937 roll. The Hopi Tribal Council shall annually review the roll to ensure that it is current.
The names of all persons who are deceased and all persons who have relinquished their membership in the Hopi Tribe in writing shall be noted on the roll and the names of all persons whose applications for enrollment or adoption have been approved by the Hopi Tribal Council under the provisions of Section 8 shall be promptly added to the roll.
7.2 ENROLLMENT APPLICATION
The Enrollment Department shall develop and the Enrollment Committee shall approve the forms necessary to apply for enrollment in the tribe. Information required of applicants shall be limited to that which is essential in determining an individual's right to enrollment. Additional information may be asked on the forms, but failure to supply such information shall not prevent an application from being acted upon in a timely manner.
7.3 DELEGATION OF AUTHORITY
For the purpose of reviewing enrollment applications and making. recommendations regarding such applications, the Hopi Tribal Council hereby delegates authority to the Enrollment Committee pursuant to Article VI, Sections 1(g), (k), and (1), of the Constitution and By-Laws of the Hopi Tribe.
SECTION 8 : THE ENROLLMENT PROCESS
A separate written application on the proper form shall be filed by or on behalf of each person applying for enrollment in the Hopi Tribe. Persons applying for enrollment shall meet the requirements set forth in Article II, Sections 1(a), (b), or (c) or the Constitution and By-Laws of the Hopi Tribe.
8.1 PERSONS NOT REQUIRING AN APPLICATION
Persons listed on the corrected base roll shall not be required to submit an application. These persons are base enrollees and their enrollment is automatic, upon approval of the corrected base roll.
8 . 2 BURDEN OF PROOF ON APPLICANT
The burden of proof for establishing the right to membership in the Hopi Tribe is on the person applying for membership.
8.3 ENROLLMENT DEPARTMENT DUTIES
Upon receipt of applications., the Enrollment Department shall:
8.3A Number and date all incoming applications.
8.3B Review applications for adequacy of documentation.
8.3C Inform applicants of any deficiencies in documentation.
8.3D Maintain files on applicants and enrolled members.
8.3E Provide notice to applicants pursuant to Section 9 of this ordinance.
8.3F Submit completed applicant files to the Enrollment Committee for review and recommendation. A completed applicant file is one containing an application will: sufficient information to determine eligibility for membership supported by documentation.
8.3G Prepare recommendations from the Enrollment Committee to the Hopi Tribal Council pursuant to Section 8.
8.4 THE ENROLLMENT COMMITTEE DUTIES
Upon receipt of applications, the Enrollment Committee shall:
8.4A Review applicant files and make recommendations in writing to the Hopi Tribal Council of each applicant's eligibility. Such recommendation shall be made within 60 days of each file's initial review by the committee unless such time is extended by mutual agreement of all parties.
8.4B Notify, set, and conduct hearings for applicants who are being considered for negative recommendations by the Enrollment Committee pursuant to Section 9 of this ordinance.
8.4C Approve the Enrollment Department's forms to be used in the submission and processing of applications.
8.5 THE HOPI TRIBAL COUNCIL DUTIES
Upon receipt of the applications, the Hopi Tribal Council shall:
8.5A Review applications together with the Enrollment Committee's recommendations and determine whether each applicant is eligible for membership in the Hopi Tribe. Such action shall be taken within 60 days of receiving them from the Enrollment Committee.
8.5B Express the Council's final determination of eligibility for enrollment by a resolution. The resolution shall state whether the Enrollment Committee recommended approval or rejection and, if the applicant is rejected by the Council, the membership requirement(s) which the Council determined that the applicant did not establish. If the application is rejected, the determination of the Hopi Tribal Council shall state that written notice of a hearing before the Enrollment Committee was given and whether or not the applicant was present at such hearing.
SECTION 9: NOTICE OF HEARING AND HEARING TO BE GIVEN WHEN REJECTION OF APPLICATION IS CONSIDERED
9.1. WRITTEN NOTICE REQUIRED
When the Enrollment Committee considers recommending rejection a of an applicant, the person filing the application shall be given written notice that a hearing on the matter will be held before the Committee makes its final determination.
9.2 CONTENTS OF NOTICE
The written notice shall:
9.2A Indicate the tribal membership requirement(s) that the applicant failed to establish or other reasons why the application is being considered for rejection.
9.2B Designate a time and place for the Enrollment Committee to hold a hearing prior to making its final determination.
9.2C Indicate that the person filing the application may appear before the Committee at the time and place designated for such hearing to present additional evidence and oral testimony in his or her behalf.
9. 2D Advise the applicant that it is the applicant's duty to furnish the Committee with adequate evidence to establish the applicant's right to enrollment or adoption.
9.3 MANNER OF GIVING NOTICE
The notice required under this section shall be given no less than thirty (30) days prior to the time designated for the Committee to hold a hearing to make its final determination. Notice shall be addressed to the person at the last address furnished by him and sent by certified mail with postage fully prepaid and return the receipt requested.
9.4 CONDUCT OF HEARING
Hearings conducted under this section shall be informal and shall be presided over by the Enrollment Committee Chairman or Vice Chairman. The applicant shall have the burden of proof in establishing to the satisfaction of the committee that such applicant meets the requirements for membership. The Committee shall consider all relevant evidence regarding the applicant's eligibility for enrollment or adoption, but the relevancy, weight, and sufficiency of such evidence shall be determined by the Enrollment Committee. After the hearing, the Committee shall make its final recommendation. If the Committee recommends rejection of an application, the recommendation shall indicate the tribal membership requirement(s) which the applicant failed to establish or other reasons why the application should be rejected.
SECTION 10 : NOTICE TO APPLICANTS OF MEMBERSHIP DETERMINATION BY THE HOPI TRIBAL COUNCIL
10.1 NOTICE REQUIRED
Every person filing an application for enrollment or adoption shall be given written notice of whether the Hopi Tribal Council approved or rejected the application for enrollment or adoption.
10.2 CONTENT OF NOTICE OF REJECTION
If the Hopi Tribal Council rejects an application for enrollment or adoption, a written notice to the applicant shall contain the information required under Section 8 of this ordinance. If the Hopi Tribal Council rejects an application for enrollment, the notice shall also indicate the time within an appeal must be commenced and the procedure for commencing such an appeal.
10.3 CONTENT OF NOTICE OF APPROVAL
If the Hopi Tribal Council approves a person for enrollment or adoption, a written notice shall indicate such approval. The notice will give the Tribal Resolution number, its date of enactment and a tribal membership number for such person.
10.4 MANNER OF GIVING NOTICE
The notice required to be given under this section shall be given within two (2) weeks after the Hopi Tribal Council makes its determination. The notice will be sent by certified mail by the Tribal Secretary, with postage fully prepaid and a return receipt requested to the address provided by the applicant.
SECTION 11: APPEALS
11.1 RIGHT OF APPEAL
Any person whose application for enrollment has been rejected by the Hopi Tribal Council due to failure to meet the membership requirements of Article II, Section 1, of the Constitution and By-Laws of the Hopi Tribe, may appeal to the Hopi Tribal Court. Any person whose application for adoption has been rejected by the Hopi Triba1 Council under Article II, Section 2, of tile Constitution and By-Laws of the Hopi Tribe mail not appeal the decision.
11.2 COMMENCING AN APPEAL
To commence an appeal the applicant must clearly express in writing such an intent to the Hopi Tribal Court. A copy of the appeal must be received by the Tribal Secretary on behalf of the Hopi Tribal Council before the close of business on the 30th calendar day after the applicant receives the notice of rejection. If such notice is delivered to an address outside the United States, there shall be sixty (60) days in which to file the appeal.
11.3 JUDICIAL REVIEW
Once an appeal is initiated and at the request of the Court the Hopi Tribal Council shall transmit to the Hopi Tribal Court the complete record of the application for enrollment together with all evidence presented concerning the eligibility for membership. The burden of proof upon the applicant shall be to show that the Hopi Tribal Council acted arbitrarily, unreasonably, or contrary to the law in rejecting the application.
11.4 DECISION OF THE HOPI TRIBAL COURT
The Hopi Tribal Court will consider the record as presented, together with any legal authority that it may consider pertinent, and the Court may, at its own discretion, allow oral argument to be made. The decision of the Hopi Tribal Court shall be appealable to the Hopi Tribal Court of Appeals as presently provided in the Hopi Tribal Ordinance Number 21 and as may be amended or superceded in the future.
SECTION 12: SPONSORING AN APPLICANT FOR ENROLLMENT OR ADOPTION
If a person seeking enrollment or adoption is a member or incompetent person, or is residing outside of the United States, then the applicant's parents, legal guardian., next of kin, spouse, or a member of the Hopi Indian Tribe authorized by such person or as authorized by the village pursuant to Article III, Section 2(a) of the Constitution and- By-Laws of the Hopi Tribe may submit the application and act as a sponsor of such person.
SECTION 13: ADOPTION
The Hopi Tribal Council may adopt persons into the Hopi Tribe under the authority and provisions of Article II, Section 2 of the Constitution and By-Laws of the Hopi Tribe.
13.2 ADOPTION APPLICATIONT , AND PROCEDURE
Persons seeking to be adopted into the Hopi Tribe shall make application using the appropriate form. The form, together with supporting documentation, shall be processed in conformance with the provisions of Section 8. When a negative recommendation is being considered, provisions of Section 9 shall apply.
13.3 APPLICANT'S ACCEPTANCE BY THE KIKMONGWI OR THE VILLAGE GOVERNOR
The Hopi Tribal Council shall not consider an application for adoption until the Council has been notified of the applicant's acceptance by the Kikmongwi or the Village Governor pursuant to Article II, Section 2 of the Constitution and By-Laws of the Hopi Tribe. Notification to the Hopi Tribal Council may be accomplished in writing or in person.
SECTION 14: RELINQUISIIIIENT
14.1 RELINQUISHMENT BY AN ADULT MEMBER Or THE HOPI TRIBE
Any adult member who decides to relinquish his or her membership in the Hopi Indian Tribe shall so notify the Hopi Tribal Enrollment Department in writing. The signature of the member shall either be notarized or witnessed by the Enrollment Department. The relinquishment shall be effective as of the date of its receipt by the Enrollment Department, unless the relinquishment itself states otherwise.
Only an adult member of the Hopi Tribe may relinquish his or her membership.
14.2 RELINQUISHMENT IN THE HOPI TRIBE SHALL BE PERMANENT
Any adult who has relinquished membership in the Hopi Tribe shall not be reenrolled into the Hopi Tribe.
SECTION 15: DISENROLLMENT FOR GAINING MEMBERSHIP THROUGH FRAUD
The authority by which the Hopi Tribal Council may undertake a disenrollment action against an individual who enrolls in the Hopi Tribe through fraud is Article VI, Section (g) and (1) of the Constitution and By-Laws of the Hopi Tribe. Enrolling through fraud means falsifying the enrollment or adoption application and/or the supporting documentation.
15.2 PROCEDURES FOR DISENROLLMENT
The Enrollment Department and the Enrollment Committee shall examine all records relevant to the matter in question. The Chairman or Vice Chairman of the Enrollment Committee, shall show cause to the Hopi Tribal Council why a hearing of inquiry should be held. Should the Hopi Tribal Council determine by majority vote that there is reason to believe that membership has been gained by fraud, the Hopi Tribal Council shall enact a resolution calling for a hearing of inquiry to be conducted on a date certain.
15.3 NOTICE OF HEARINTG OF INQUIRY-
Upon determination by the Hopi Tribal Council that inquiry is in order, the Hopi Tribal Council will cause notice to be served upon the affected party or parties no less than thirty (30) days preceding the date of hearing. Notice shall be sent by certified mail, return receipt requested. The notice shall include the time, date, and place of the hearing; the nature of the irregularities that have been raised of the affected party or parties to appear and present argument and evidence. The burden of proof shall rest on the Hopi Tribe. Within twenty (20) days after the hearing, the Council shall make known its findings regarding the alleged fraudulent membership. The affected party or parties will be notified in accordance with Section 10 of this ordinance. Persons who have been disenrolled may appeal the decision of the Hopi Tribal Council as set out in Section 11 of this ordinance.
SECTION 16: DUAL ENROLLMENT IS NOT PERMITTED
A member of the Hopi Tribe shall not be a member of another tribe. The enrollment of any member of the Hopi Tribe shall be disenrolled if the person is or becomes a member of my other tribe.
SECTION 17: PRIOR ORDINANCES AND RESOLUTIONS
This code supercedes and replaces any resolutions or ordinances which are in conflict with this code.
SECTION 18: SEVERABILITY
If any portion of this code shall be ruled invalid by a Court of competent jurisdiction, that portion shall cease to be operative but the remainder of this code shall continue in full force and effect.
SECTION 19: AMENDMENTS
This Hopi Enrollment Ordinance may be amended by the Hopi Tribal Council, upon recommendation of the Hopi Enrollment Committee. Action must be taken by a resolution of the Hopi Tribal Council and is subject to confirmation by the Secretary of the Interior.
SECTION 20: EFFECTIVE DATE OF THE ORDINANCE
This ordinance shall be effective upon its approval by the Secretary of the Interior or his authorized representative.