Ysleta del Sur Pueblo Code of Laws
Last revised: 2000
Tigua
Indian Reservation
Ysleta Del Sur Pueblo
119 S. Old Pueblo Rd. • P.O. Box 17579 • El Paso, Texas
79907 •(915) 859-7913 • Fax # 859-2988
YSLETA DEL SUR PUEBLO
RESOLUTION TC-53-97
Pertaining to Revised Article 3 of the tribe's Code of Laws Entitled
"Membership and Enrollment"
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WHEREAS, |
the Tribal Council (the "Council") of the Ysleta del Sur Pueblo (the "Pueblo"), is the duly constituted traditional governing body of the Ysleta del Sur Pueblo exercising all inherent governmental power, fiscal authority, and tribal sovereignty as recognized in sections 101 and 104 of the Act of August 18, 1987 (the Ysleta del Sur Pueblo Restoration Act), 101 Stat. 666, Public Law No. 100-89; and, |
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WHEREAS,
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the Pueblo has operated from time immemorial as a Native American political sovereign without organic or written constitution, charter, or by-laws; and, |
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WHEREAS,
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the Pueblo governs itself by oral tradition; and, |
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WHEREAS,
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the Council has authorized the Governor of the Pueblo to act for the Tribe in the signing of this resolution; and, |
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WHEREAS,
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the current civil and criminal law authority of the Pueblo is vested in the. Council consisting of the Cacique, the Governor, the Lieutenant Governor, the Alquacil, the War Captain, and four (4) Councilmen; and, |
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WHEREAS,
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the B.I.A. has requested that certain changes be made to the tribe's "Membership and Census" Ordinance; and, |
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WHEREAS, |
the Council intends that this Resolution shall constitute evidence of the authorization of the Council to pass such Rules and Regulations. |
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NOW,
THEREFORE, BE IT RESOLVED, by the Council of the Pueblo as follows:
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1. |
The preambles hereto shall be incorporated herein and made part of the Resolution. |
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2. |
That Tribal Ordinance No. 004-97, which adopts revised Article 3 of the tribe's Code of Laws entitled "Membership and Enrollment," a true and correct copy of which is attached hereto and, by reference, is incorporated herein for all purposes as if set forth at length, is hereby enacted to be effective immediately. |
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ADOPTED this the 8th day of August, 1997.
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CERTIFICATION |
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| I, the undersigned, as Governor of the Ysleta del Sur Pueblo hereby certify that the Ysleta del Sur Tribal Council, at meeting, convened and held on the 8th day of August, 1997, at the Ysleta del Sur Pueblo approved the foregoing Resolution, a quorum being present, and that 7 voted for, 0 opposed, 0 abstained. | |
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Ysleta
del Sur Pueblo............
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____________/s/__________
VINCE MUNOZ Tribal Governor |
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| ATTEST: | |
| ____________/s/__________ Lory Granillo Tribal Secretary |
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Tigua Indian Reservation
Ysleta Del Sur Pueblo
119 S. Old Pueblo Rd. • P.O. Box 17579 • El Paso, Texas
79907 •(915) 859-7913 • Fax # 859-2988
TRIBAL ORDINANCE NO. 004-97
Adopting Revised Article 3 of the tribe's Code of Laws Entitled
"Membership and Enrollment"
Pursuant to the authority vested in the Tribal Council (the "Council")
as the duly constituted traditional body of the Ysleta Del Sur Pueblo
(the "Pueblo") a federally recognized Indian Tribe, exercising
all inherent governmental powers, fiscal authority and tribal sovereignty
as recognized in the Ysleta Del Sur Pueblo Restoration Act (Public
Law 100-89 as codified for health, safety, morals, welfare, tribal
economic development and self-sufficiency of the Pueblo, the Council
of the Pueblo hereby enacts this Ordinance for the purpose of revising
Article 3 of the tribe's Code of Laws. Therefore, be it resolved
and ordained by the Council of the Pueblo:
That the attached Article entitled "Membership and Enrollment," which by reference is incorporated herein as if set forth at length, is hereby adopted as revised Article 3 of the tribe's Code of Laws.
YSLETA DEL SUR PUEBLO
| By:____________/s/_________ Vince Munoz Title: ___Tribal Governor___ |
ATTEST:
By:____________/s/________
...............Lory Granillo
Title: Tribal Council Secretary
ARTICLE
3 - MEMBERSHIP AND ENROLLMENT
Section 1. Enrollment Officer.
Enrollment
Officer. The position of Enrollment Officer is hereby created. The
Governor shall nominate the person to serve as Enrollment Officer. The
Enrollment Officer shall be elected by a majority vote by Tribal Council.
Tribal Council shall set the compensation for the Enrollment Officer.
The Enrollment Officer shall serve until removed by a majority vote
of Tribal Council.
Section 2. Membership Records.
2.01. Tribal Membership Register. The Enrollment Officer shall maintain a Tribal Membership Register of every person who has ever been enrolled as a member of the Tribe. No names shall ever be removed from the Tribal Membership Register. Members shall be listed in the order of their Enrollment Numbers.
2.02. Content of Tribal Membership Register. The following information shall be kept in the official register for each person listed:
(a) Enrollment number;
(b) Full name of the Tribal Member as shown on Birth Certificate, with all name changes being shown parenthetically;
(c) Sex;
(d) Address (current);
(e) Degree of Ysleta del Sur Pueblo blood;
(f) Date of birth;
(g) Place of birth;
(h) Social Security number;
(i) Date enrolled;
(j) Name of Mother Maiden Name Tribal affiliation degree of Ysleta del Sur Pueblo blood and Enrollment Number;
(k) Name of Father- Tribal affiliation - degree of Ysleta del Sur Pueblo blood and Enrollment Number;(l) Name of Spouse
(m) Date and Place of Marriage;
(n) Date and Place of Divorce;
(o) Names of Children with dates and places of birth;
(p) Date of Death;
(q) Place of Death;
(r) Place of Burial;
(s) Removal, if any, from Tribal Membership Roll and the cause thereof;
(t) Date of Removal, if any; and,
(u) Any other information the Enrollment Officer deems appropriate.
2.03. Tribal Membership Roll. The Enrollment Officer shall maintain a Tribal Membership Roll of every person who is alive and is enrolled as a member of the Tribe. Members shall be listed alphabetically with their Enrollment Numbers.
2.04. Content of Tribal Membership Roll. The following information shall be kept current and updated annually for each person listed in the Tribal Membership Roll:
(a) Enrollment Number;
(b) Full name of the Tribal Member;(c) Address; and,
(d) Any other information the Enrollment Officer deems appropriate.
2.05. Tribal Register of Deaths and Removals. The Enrollment Officer shall maintain a Tribal Register of Deaths and Removals. Deceased members of the Tribe and those removed from the Tribal Membership Roll by action of Tribal Council shall be listed alphabetically with their Enrollment Numbers. Upon receipt of a death certificate or notification of death from family members or a certified resolution of removal from Tribal Membership Roll by Tribal Council, the Enrollment Officer shall record such information in the Tribal Membership Register and in the Register of Deaths and Removals. The Enrollment Officer shall remove the name of any deceased or removed member from the Tribal Membership Roll as of the date of death or the date of the resolution.
2.06. Tribal Membership Index. The Enrollment Officer shall maintain a Tribal Membership Index organized alphabetically containing all the known names, nicknames, and aliases, date of birth, and the Enrollment Number of every person ever enrolled as a member of the Tribe.
2.07. Contents of Member File. A file shall be maintained for each member. The files for all members shall be organized by Enrollment Numbers. Contents of file shall include all information as listed in Section 2.02 of this Article in addition to the following:
(a) Copies, preferably certified, of all pertinent information to include (if available) birth certificate, marriage licenses, death certificates, land records, church records, military records, school records and tribal records or documents.
(b) Affidavits of Tribal elders that confirm blood lineage if lineage cannot otherwise be verified.
2.08 Access to Tribal Membership Records. Information contained in Tribal Membership Records is confidential.
2.09. Membership Records. In addition to the Tribal Membership Register, the Tribal Membership Roll, the Tribal Register of Deaths and Removals, the Tribal Membership Index, and the members' files, the Enrollment Officer shall be responsible for maintenance and safekeeping of all other information pertaining to tribal membership, all of which which shall be known as Enrollment Records. The Enrollment Officer may utilize permanent files, card files, microfilm, computer programs or any other suitable means of record keeping. In the event of any discrepancy in Enrollment Records, the Tribal Membership Register shall control. The Tribal Council in accordance with Section 5 of this Article may correct the Tribal Membership Register.(a) No person shall disclose any information contained in Tribal Membership Record by any means of communication to any person except pursuant to a written request by, or which the prior written consent of the individual to whom the record pertains, unless such disclosure is otherwise permitted under the provisions of 5 U.S.C. § 552a, as amended from time to time.
(b) Except for disclosures to the individual to whom the record pertains, the Enrollment Officer shall keep an accurate accounting of the date, nature, and purpose of each disclosure, and the name and address to whom disclosure is made. The Enrollment Officer shall retain the accounting for as long as there are Tribal Membership Records.
(c) Upon request by any individual to gain access to his record or to any information pertaining to him which is contained in Tribal Membership Records, the Enrollment Officer shall permit the individual and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the Enrollment Officer may require the individual to furnish a written statement authorizing discussion of that individual's records in the accompanying person's presence.
2.10. Adoption
of Enrollment Forms. The Enrollment Officer shall promulgate such
forms as are necessary to carry out the duties of the office and shall
maintain sufficient copies of each form and, where appropriate, instruct
applicants and members on the use of the proper form. Such forms shall
meet the requirements, if any, of the Bureau of Indian Affairs.
Section 3. Membership Eligibility.
3.01. Members. A person must meet the criteria of the Ysleta del Sur Pueblo Restoration Act, set out at 25 U.S.C. § 1300g-7, to be a member of the Tribe, such membership being subject to correction under section 5 of this Article.
3.02. Dual
Membership Prohibited. No person who is a member of another Indian
tribe, pueblo, nation, or similar Indian body, shall be a member of
Ysleta del Sur Pueblo. All applicants for membership shall affirm that
they are not members of another Indian tribe, pueblo, nation, or similar
Indian body. Any member who is or becomes a member of another Indian
tribe, pueblo, nation, or similar Indian body, may be removed from membership
pursuant to section 5 of this Article.
Section 4. Enrollment Procedure.
4.01. Enrollment Procedure and Evidence of Eligibility. No person shall be enrolled as a member of the Tribe except upon written application. An applicant (or a person acting on behalf of the applicant) shall file an application on the proper form with the Enrollment Officer, who shall to the extent possible verify the information. A person applying for enrollment in the Tribe shall present as evidence of eligibility the following and shall leave copies of such with the Enrollment Officer:
(a) A certified copy of a Certificate of Birth and/or Baptismal Record or other documents of proof of birth.
(b) All pertinent information and/or documents that are available and prescribed under Section 2.02 of this Article.
(c) A determination of paternity by a recognized court.(d) A resolution of the Ysleta del Sur Pueblo Tribal Council granting membership in the Pueblo.
(e) Any other documentation deemed necessary by the Enrollment Officer.
4.02 Duty to Register. Each individual shall be responsible for application for membership in the Ysleta del Sur Pueblo. Parents and guardians shall be responsible for application for membership for their minor children or wards. No person shall be entitled to federal benefits or tribal privileges unless registered as a member of the. Tribe and carried on the Tribal Membership Roll.
4.03. Deadline. The Enrollment Officer shall reject all applications filed on behalf of an applicant who is then nineteen (19) years of age or older; however, the Enrollment Officer shall accept such applications upon the instructions of the Tribal Council as set forth in a duly adopted resolution.
4.04. Recommendation of Enrollment Officer. The Enrollment Officer shall issue a written report to Tribal Council recommending that the application either be granted or rejected. The Enrollment Officer shall state in the report the reasons for the recommendation. The report is to be presented to Tribal Council within a reasonable time of the receipt of the application by the Enrollment Officer.
4.05. Tribal Council Action. The Enrollment Officer shall deliver the report to the Governor. Upon receipt of the report the Governor shall schedule its presentation by the Enrollment Officer before the Tribal Council at its next regularly called meeting. After consideration of the report, Tribal Council shall vote on each application presented. No application shall be approved, and no one registered as a member of the Tribe, except upon the majority vote of Tribal Council. If Tribal Council rejects the application, it will inform the Enrollment Officer of its reasons.
4.06. Appeals.
The Enrollment Officer shall provide, by certified mail, the rejected
applicants with a copy of its report and the reasons of the Tribal Council
for the rejection of the application. The Enrollment Officer shall inform
the rejected applicants of their fight to appeal the decision by written
notice of appeal to be filed within a reasonable time set by the Enrollment
Officer. The Enrollment Officer shall inform the Governor of the receipt
of any written notices of appeal. The Governor shall call a special
meeting of Tribal Council to consider the appeal. The applicant shall
have the right to attend the hearing, testify, call Witnesses, and cross-examine
witnesses. The Enrollment Officer and any other person appointed by
Tribal Council shall have the same rights. At the conclusion of the
hearing, the Tribal Council shall again vote on each application presented.
No application shall be approved, and no one registered as a member
of the Tribe, except upon the majority vote of Tribal Council. If Tribal
Council rejects the application, it will inform the Enrollment Officer
of its reasons.
4.07. Registration of New Members. The Enrollment Officer shall
register, enroll and index the name of each person approved for membership
by the Tribal Council and shall notify the new members of their enrollment.
The Enrollment Officer shall inform the other applicants of their rejection
and the grounds thereof.
4.08. Dishonesty. It is grounds for rejection of an application for membership as well as removal from Tribal Membership Roll, that the member or the applicant for membership or any person acting in concert with the member or the applicant knowingly made a false statement or presented a false document or altered documents in support of membership. An individual found guilty of such conduct by the Tribal Council shall, upon resolution by Tribal Council, be removed from membership, as the case may be, and forever barred from seeking membership. In all other cases involving rejected applicants, the Enrollment Officer may accept new applications for membership filed by rejected applicants provided the new application contains information not previously considered by Tribal Council.
Section 5. Correction of Tribal Membership Rolls and Enrollment Records.
5.01. Authority to change Membership Records. The Enrollment Officer has authority to change the Tribal Membership Register, Tribal Membership Roll, Tribal Membership Register of Deaths and Removals, and the Tribal Membership Index to reflect the current address, legal name changes, marital status, and death of any member. All other changes must be by a majority vote of Tribal Council.
5.02. Application to correct Membership Records. Any member may file an application with the Enrollment Officer to correct information in the Enrollment Records pertaining to the applicant or the applicant's spouse, children or wards, and parents. The Enrollment Officer may file an application to correct information pertaining to any member or groups of members. All applications shall be accompanied by documents supporting the requested change. The Enrollment Officer shall provide all members affected by the requested change with a true and correct copy of the application and the supporting documents. The members affected by the requested change shall file, if they so desire, a response to the requested change with the Enrollment Officer. The response shall be accompanied by supporting documents. To the extent possible, the Enrollment Officer shall verify the information in the supporting documents accompanying the application and the response.
5.03. Recommendation
of Enrollment Officer. The Enrollment Officer shall issue a written
report to Tribal Council recommending whether the proposed or any other
changes should be made to membership records. The Enrollment Officer
shall state in the report the reasons for the recommendaUon. The report
is to be presented to Tribal Council within a reasonable time after
the receipt of the application by the Enrollment Officer.
5.04. Tribal Council Action. The Enrollment Officer shall deliver
the report to the Governor. Upon receipt of the report, the Governor
shall schedule its presentation by the Enrollment Officer before the
Tribal Council at its next regularly called meeting. After consideration
of the report Tribal Council shall vote on each application presented.
No application shall be approved except upon the majority vote of Tribal
Council. If Tribal Council rejects the application, it will inform the
Enrollment Officer of its reasons.
5.05. Appeals. The Enrollment Officer shall provide, by certified mail, the applicants, as well as any affected members, with a copy of its report and the reasons of the Tribal Council for its actions. The Enrollment Officer shall inform the applicants and any affected members of their right to appeal the decision by written notice of appeal to be filed within a reasonable time set by the Enrollment Officer. The Enrollment Officer shall inform the Governor of the receipt of any written notices of appeal. The Governor shall call a special meeting of Tribal Council to consider the appeal. The applicant and any members affected by the decision shall have the right to attend the hearing, testify, call witnesses, and cross-examine witnesses. The Enrollment Officer and any other person appointed by Tribal Council shall have the same rights. At the conclusion of the hearing, the Tribal Council shall again vote on each application presented. No application shall be approved except upon the majority vote of Tribal Council. If Tribal Council rejects the application, it will inform the Enrollment Officer of its reasons.
5.06. Notification of Applicants. The Enrollment Officer shall change the Membership Records according to the resolution approved by the Tribal Council and shall notify the applicant and any person affected by the decision of such actions. Unless prohibited by resolution of Tribal Council pursuant to section 4.07 of this Article, the Enrollment Officer may accept new applications by rejected applicants provided the new application contains information not previously considered Tribal Council.
Section 6. Inherent Removal Powers
6.01. Inherent Removal Powers. Nothing in this Article shall be construed to limit the inherent power of Tribal Council to remove a person from membership.
SUMMARY OF AMENDMENTS TO MEMBERSHIP ORDINANCE
BIA, in a letter received on Tuesday, July 28, 1997, suggests changes to the newly adopted Membership and Census Ordinance. Many of its comments and concerns have nothing to do with this Pueblo, such as the treatment of adopted children.
One comment concerned the wording of the ordinance. The BIA prefers that tribes use the words "membership" or "enrollment" instead of the word "census". The BIA uses the word census" to refer to people who are Indians, but not necessarily members of a tribe. The proposed amendments comply with the BIA's request.
BIA requires two substantive changes to the Ordinance. First, the "Enrollment" Officer shall provide notice of appeal by certified mail. The second change is required by Federal law. In order to obtain Federal funds for the Census office, the Tribe agreed that the Federal Right to Privacy Act would apply to the records. For that reason, I have rewritten Section 2.08 to comply with the Federal Right to Privacy Act.
Finally, the BIA suggests that a section be added indicating that the power of Tribal Council to remove members from the Rolls is not limited to tile provisions of the Ordinance. New section 6 preserves the power of the Council.
Ysleta
Del Sur Pueblo
Tribal Council
119 S. Old Pueblo Rd. • (915) 859-7913 • El Paso, Texas 79907
YSLETA DEL SUR PUEBLO
TRIBAL RESOLUTION TC-81-97
Pertaining
to Amendment of Article 3 of the tribe's Code of Laws
Entitled "Membership and Enrollment"
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WHEREAS, |
the Tribal Council (the "Council") of the Ysleta del Sur Pueblo (the "Pueblo"), is the duly constituted traditional governing body of the Ysleta del Sur Pueblo exercising all inherent governmental power, fiscal authority, and tribal sovereignty as recognized in sections 101 and 104 of the Ysleta del Sur Pueblo Restoration Act, 101 Stat. 666, Public Law No. 100-89 as codified in 25 USC 1300g (the "Restoration Act"); and |
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WHEREAS,
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said Pueblo has operated from time immemorial as a Native American political sovereign without organic or written constitution, charter, or by-laws; and, |
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WHEREAS,
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the Pueblo governs itself by oral tradition; and, |
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WHEREAS,
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the Council has authorized the Governor of the Pueblo to act for the Tribe in the signing of this resolution; and, |
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WHEREAS,
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the civil and criminal law authority of the Pueblo is vested in the. Council consisting of the Cacique, the Governor, the Lieutenant Governor, the War Captain, the Alquacil, and four (4) Council members; and, |
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WHEREAS,
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the Council has determined that it is in the best interest of the Tribe to amend Article 3 of the tribe's Code of Laws to provide for abandonment of Tribal membership; and |
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WHEREAS, |
the Council intends that this Resolution shall constitute evidence of the authorization of the Council to pass such legislation. |
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NOW,
THEREFORE, BE IT RESOLVED, by the Council of the Pueblo as follows:
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1. |
The preambles hereto shall be incorporated herein and made part of the Resolution. |
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2. |
That Tribal Ordinance No. 008-97, which adopts Article 3 of the tribe's Code of Laws entitled "Membership and Enrollment," a true and correct copy of which is attached hereto as Exhibit "A" and, by reference, is incorporated herein for all purposes as if set forth at length, is hereby enacted to be effective immediately. |
| 3. | That the Census Officer report to Tribal Council for action on those adult Tribal members who have not participated in Tribal activities for the last five years or more and who have not maintained contact with the Tribe. |
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ADOPTED this the 7th day of December, 1997.
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CERTIFICATION |
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| I, the undersigned, as Governor of the Ysleta del Sur Pueblo hereby certify that the Ysleta del Sur Tribal Council, at a duly called Tribal Council Meeting, convened and held on the 7th day of November, 1997, at the Ysleta del Sur Pueblo approved the foregoing Resolution, a quorum being present, and that 8 voted for, 0 opposed, 0 abstained. | |
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Ysleta
del Sur Pueblo............
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____________/s/__________
VINCE MUNOZ Tribal Governor |
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| ATTEST: | |
| ____________/s/__________ Sylvia Garcia Tribal Secretary |
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TRIBAL ORDINANCE NO. 008-97
AMENDING
ARTICLE 3 OF THE tribe's CODE OF LAWS
ENTITLED "MEMBERSHIP AND ENROLLMENT"
Pursuant to the authority vested in the Tribal Council (the "Council")
as the duly constituted traditional governing body of the Ysleta del
Sur Pueblo (the "Pueblo") a federally recognized Indian Tribe,
exercising all inherent governmental powers, fiscal authority and tribal
sovereignty as recognized in the Ysleta del Sur Pueblo Restoration Act
(Public Law 100-89 as codified in USC §1300g, hereinafter the "Restoration
Act"), and its lawful authority to provide for health, safety,
morals, welfare, tribal economic development and self-sufficiency of
the Pueblo, the Council of the Pueblo hereby enacts this Ordinance for
the purpose of amending Article 3 of the tribe's Code of Laws entitled
"Membership and Enrollment". Therefore, be it resolved and
ordained by the Council of the Pueblo that Article 3 of the tribe's
Code of Laws entitled "Membership and Enrollment" is hereby
amended as follows:
§ 1.001 Amendment
Section 3 of Article 3 is amended by adding a new section 3.03 as follows:
"3.03. Abandonment of Tribal membership. Any adult Tribal member who does not participate in Tribal activities for the last five years or more and who does not maintain contact with the Tribe shall be removed from the rolls and the person's membership shall be terminated".
§ 1.02 Effective Date of Amendment
This Ordinance shall take effect upon enactment by Tribal Council.
CERTIFICATION
The foregoing
ordinance is hereby enacted by the Tribal Council of the Ysleta del
Sur Pueblo on this the 7th day of November, 1997.
YSLETA
DEL SUR PUEBLO
| By:____________/s/_________ Vince Munoz Title: ___Tribal Governor___ |
ATTEST:
By:____________/s/________
Sylvia Garcia
Title: Tribal Council Secretary