PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS

ENROLLMENT ORDINANCE

Section 1: Persons Entitled to Membership

A person is eligible for membership in the Tribe, if the person:

1.1 Is listed as a distributee or is a dependent member of a distributee in the plan for distribution of the assets of the Picayune Rancheria, as approved by the Secretary of the Interior on June 30, 1960; or

1.2 Is of Chukchansi Indian blood and who has a special relationship with the Tribe not shared by Indians in general, and who have received allotments of public land under the General Allotment Act of 1887,25 V.S.C. § 331 et seq., as listed on any official roll of the Bureau of Indian Affairs; or

1.3 Is a direct lineal descendant of individuals eligible for membership under either subsection 1.1 or 1.2, regardless of whether the ancestor through whom eligibility is claimed is living or deceased, providing such descendant is of Chukchansi blood; or

1.4 Is a direct lineal descendant of individuals who became Tribal Members pursuant to Article III, Section l(a)(4) of the Constitution of Picayune Rancheria.

Section 2: Enrollment Committee

The Tribal Council hereby establishes the Enrollment Committee, which shall be under the control and directive of the Tribal Council and shall be in charge of overseeing all responsibilities with regard to determining Tribal membership and maintaining membership rolls.

2.1 The Enrollment Committee shall be composed of three (3) General Council members.

2.2 Enrollment Committee members shall be appointed by the Tribal Council, and shall serve two (2) year terms, which may be renewable every two years by the Tribal Council.

2.3 Enrollment Committee members shall take an oath to faithfully uphold the Enrollment Ordinance and Constitution, and further abide by a code of conduct and ethics, which shall be established by the Tribal Council, and which shall be consistent with the provisions contained herein.

2.4 Enrollment Committee members shall be required to attend at least once annually, a Tribal Council approved seminar that is conducted by the Bureau of Indian Affairs directly on tribal enrollment issues.

2.5 Enrollment Committee members may be removed with cause by the Tribal Council. Upon removal, the Tribal Council shall appoint a new member within thirty (30) days.

Section 3: Application and Applicant Burdens

The Enrollment Committee shall develop an application form, which must be completed by the applicant and shall be submitted to the Enrollment Committee. Each application must be signed and dated by the applicant.

3.1 If the applicant is legally incompetent or a minor, the application must be completed and signed by his/her legal guardian.

3.2 Enrollment applications that are accepted shall be date stamped, given a folder, and assigned an enrollment number by the Enrollment Committee.

3.3 The burden of proof rests with each person submitting an application for enrollment to establish the applicant's eligibility pursuant to Section 1.

3.4 An authentic birth certificate, or the cultural equivalent of an authentic birth certificate that is recognized by the Tribe, shall be attached to the application and required to establish enrollment.

3.5 In addition to the authentic birth certificate required by Section 3.4, other documentary evidence such as death certificate, baptismal records, copies of probate findings, or court decisions may be used to support enrollment. Records of the Tribe or the Bureau of Indian Affairs may also be used to establish eligibility.

3.6 An affidavit shall be submitted to the Enrollment Committee along with the application, which shall contain a statement that includes that the name of the applicant is the true and correct person, that the relevant documentation to prove enrollment is legitimate and correct documentation, that the statement is made under oath and under a penalty of perjury, and is notarized by a certified Notary Public.

3.7 If the legitimacy of a child becomes in dispute by a parent, DNA testing may be requested by the Enrollment Committee. Applicants must comply with such request at a DNA certified laboratory selected by the Enrollment Committee. Applicants shall bear the cost for DNA testing.

Section 4: Enrollment Application Review

Upon receipt of the application, the Enrollment Committee shall complete review of each application within one hundred twenty (120) days after it is received.

4.1 Enrollment Committee determinations shall be made by a majority of sitting Enrollment Committee members.

4.2 The Enrollment Committee shall, within the 120-day period, make a written finding, and by Committee Resolution, either grant or deny membership or request additional information from the applicant.

Section 5: Appeal Procedure

An applicant who has been rejected for enrollment, or who wishes to challenge the enrollment procedure, may request a hearing before the Tribal Council.

5.1 Requests for appeals shall be in writing and addressed to the Chairman of the Tribal Council. The appeal must be filed within thirty (30) days from the date the applicant receives the Enrollment Committee's decision.

5.2 The Tribal Council shall grant the applicant a hearing within thirty (30) days of receipt of the applicant's request.

5.3 The applicant shall maintain the burden of proof for membership on appeal to the Tribal Council.

5.4 The Tribal Council shall issue a written decision within sixty (60) days of the hearing, and by Council Resolution either affirm or reverse the decision of the Enrollment Committee to deny applicant Membership.

5.5 The Tribal Council's decision shall be final. Applicants, however, may reapply to the Enrollment Committee without limitation or prejudice pursuant to Section 3.

Section 6: Disenrollment

6.1 An enrolled Tribal member who becomes enrolled in any other Indian Tribe, Indian Community, Tribal Nation, Pueblo, Indian Band or Native Village shall forfeit his/her membership with the Tribe.

6.2 Notwithstanding Section 11, an enrolled Tribal member may be disenrolled upon a finding that membership eligibility was determined based upon a mistake of fact due to erroneous or fraudulent documentation in establishing enrollment criteria.

Section 7: Procedure for Disenrollment

7.1 Upon receiving credible evidence that one or more of the grounds for disenrollment pursuant to Section 6 exists, the Enrollment Committee shall issue to the member, or the member's guardian, a notice requiring him/her to appear at a hearing before the Tribal Council to show cause as to why he/she should not be disenrolled.

7.2 Such notice must inform the member, or the member's guardian, of the following:

7.2.1 The time, date and location of the hearing;

7.2.2 The specific reason as identified in Section 6 for the member's disenrollment hearing; and

7.2.3 The member's right to appear at a Tribal Council hearing and present witnesses and other evidence demonstrating why he/she should not be disenrolled, and of his /her right to challenge the Tribe's evidence, cross-examine witnesses and to be represented by legal counsel at his/ her own expense.

7.3 The notice must be mailed to the member's last known address by registered mail, return-receipt requested, at least thirty (30) days prior to the disenrollment hearing.

7.4 The Tribal Council hearing shall be chaired by the Tribal Chairman, or such other Tribal Council member as is appointed by a majority vote of the Tribal Council.

7.5 No disenrollment hearing may be conducted in the absence of a quorum of the Tribal Council.

7.6 The burden of proof for disenrolling a member shall be beyond a reasonable doubt and the burden shall rest on the Enrollment Committee.

7.7 A vote of two thirds of the Tribal Council shall be required to disenroll a member, and the Tribal Council shall render a decision within sixty (60) days of the hearing.

7.7.1 After reaching its decision, the Tribal Council shall direct the Enrollment Committee to draft a written notice of the Tribal Council's decision identifying the reason(s) for disenrollment.

7.7.2 The written decision shall be approved by those Tribal Council Members who voted in favor of disenrollment.

7.7.3 The notice shall be sent by the Enrollment Committee to the member or member's legal guardian at their last known address.

7.7.4 The Tribal Council's decision shall be final and not subject to appeal. The applicant, however, can reapply pursuant to Section 3 with proper documentation without limitation or prejudice.

7.8 The Tribal Council, after reviewing evidence presented by the Enrollment Committee, may disenroll any member who fails to appear at the hearing, unless said member has requested, and been granted for good cause, an extension of his/her hearing date at least seventy-two (72) hours before the hearing is scheduled.

Section 8: Voluntary Relinquishment of Membership

Relinquishment is an act by which an enrolled member of the Tribe voluntarily and officially gives up the right of Tribal membership to become a member of another other Indian Tribe, Indian Community, Tribal Nation, Pueblo, Indian Band or Native Village.

8.1 The Relinquishment process shall only be induced by the member, or by the member's guardian, provided however, that a minor whose membership was relinquished by his/her guardian may reapply for membership in the Tribe.

8.2 A member may relinquish membership by submitting a written and signed statement to the Enrollment Committee requesting that his/her name be removed from the membership roll.

8.3 The Tribal Council shall remove the members name from the Tribal roll within ten (10) days of receiving the written request, and issue a Resolution of its action to the relinquished member.

8.4 Reinstated Tribal members who seek relinquishment a second time shall be permanently disenrolled from the Tribe, provided however:

8.4.1 The Tribal member signs an affidavit that acknowledges that the Tribal member is permanently relinquishing any future rights to enrollment with Tribe; and

8.4.2 The Tribal member participates in an exit interview conducted by the Enrollment Committee.

Section 9: Maintenance of Roll

9.1 The Enrollment Committee shall keep the roll of Tribal members current.

9.2 The Enrollment Committee shall prepare a minimum of four (4) copies of the roll of Tribal members.

9.3 The roll shall contain for each person; an enrollment number, name, address, sex, date of birth and where applicable, date of death.

9.4 The roll shall be updated at least once per year to add newly enrolled Tribal members.

Section 10: Confidentiality

Records and enrollment files are subject to strict confidentiality.

10.1 As used in this Ordinance, "records" and "enrollment files" are any items or information about or collected from individuals, including, but not limited to, birth certificates, genealogy reports, or other documents that contain the individual's name, or identifying particulars assigned to the individual, such as photographs, which information is collected for the purpose of determining the eligibility for enrollment in the Tribe of an individual or members of an individual family.

10.2 Each person who supplies or is asked to supply information about them shall be informed of the use or uses to which the information may be put, and what the consequences, if any, are of not supplying the information.

10.3 Records and Membership enrollment files shall be maintained, at a minimum, subject to the following safeguards, or safeguards affording comparable protection:

10.3.1 Areas in which the records are maintained or regularly used shall be posted with an appropriate warning stating that access of the records is limited to authorized persons.

10.3.2 During working hours, the area in which the records are maintained or regularly used shall be occupied by authorized personnel.

10.3.3 During non-working hours, access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.

10.3.4 Records and enrollment files maintained on computer shall be maintained, at a minimum, subject to safeguards, which are adequate and appropriate to assure the security and integrity of records in the system.

lO.4 Unless disclosure to a particular person or person is authorized pursuant to section 10.5, records contained in individual enrollment files may only be handled and reviewed by the following persons:

10.4.1 Members of the Tribal Council when performing an official enrollment related function;

10.4.2 Members of the Enrollment Committee;

10.4.3 The Tribe's attorneys and any enrollment or membership consultant whose work is dilly authorized by the Tribal Council;

10.4.4 Members, or the parent or guardian of a Member under the age of eighteen (18) years of age, who desire to review their own personal records.

10.5 No records contained in individual members enrollment files may be disclosed by any means of communication to any person other than those authorized in subsection 10.4, except pursuant to a written request by, or with the prior written consent of the individual to whom the record pertains, except:

10.5.1 To the Bureau of the Census for purposes of planning or carrying out a census or surveyor related activity pursuant to the provisions of Title 13 of the United States Code.

10.5.2 To a recipient who has provided the Enrollment Committee with written assurance that the record will be used solely as a statistical research or reporting record, and the records are to be transferred in a form that is not individually identifiable.

10.5.3 To a person pursuant to a court's determination that such disclosure is necessary to protect the health and safety of the member or their family.

10.5.4 Pursuant to any other order of a court with jurisdiction over the Tribe.

10.6 Where a record is disclosed to any person or agency under any of the specific exceptions provided by sections 10.4 or 10.5, a written notice shall be made and placed in the member or applicant's file. The accounting shall record:

10.6.1 The date, nature and purpose of each disclosure of a record to any person or agency; and

10.6.2 The name and address of the person or agency to whom the disclosure was made.

10.7 Requests for access to enrollment files or records shall be made in writing to the Enrollment Committee.

10.7.1 Decisions as to whether or not to grant the requested access shall be made by the Enrollment Committee who shall have the right to consult with the Tribal Council if the request is unusual. The Enrollment Committee shall have the right to assess and collect a standard fee, approved in advance by the Tribal Council, to cover the costs of collecting and/or copying records. The individual shall be notified of the amount of the fees due in advance of his/her receipt of the records.

10.7.2 A decision denying a request for access, in whole or in part, shall be in writing and shall state the basis for denial of the request. The notice shall also contain a statement advising that the decision to deny access may be appealed to the Tribal Council no later than twenty (20) days following receipt of the denial.

Section 11: Ratification of Prior Enrollment Decisions

Nothing contained in this Ordinance shall modify or invalidate enrollment decisions made or approved by the Enrollment Committee, Tribal Council or of the Tribe prior to the effective date of this Ordinance, provided however, that any previously disenrolled person that qualifies for enrollment pursuant to Section I, shall maintain the opportunity to re-apply for Tribal membership pursuant to Section 3.

This ordinance was approved March 10^th, 2001.