2.10.010 General Provisions | Samish Tribal Code

2.10.010 General Provisions.

(1) Authority and Purpose. The purpose of this chapter is to provide for the development and maintenance of the official citizenship roll of the Samish Indian Nation. Authority for this action is vested in the Tribal Council by Article II, Section 1 of the Constitution of the Samish Indian Nation, March 2, 2004, and recognized by the Assistant Secretary for Indian Affairs on April 20, 2004.

(2) Citizenship Requirements. The citizenship of the Samish Indian Nation shall consist of the following persons, all persons of Indian blood:

(a) Whose name appears on the April 4, 2003, citizenship roll of the Samish Indian Nation; or

(b) Who are descendants of citizens of the Samish Indian Nation at the time the Treaty of Point Elliott was signed on January 22, 1855, or who are descended from those Nhuwhaha families identified in the Final Determination to Acknowledge the Samish Tribal Organization as a Tribe, dated November 8, 1995, p. 12; or

(a) Formation. The Tribal Chairperson shall appoint seven persons to serve on the Enrollment Committee subject to the approval of the Tribal Council. Committee members shall serve two-year terms and may be reappointed for additional terms on the Committee. At least four members of the Committee must be tribal elders. Additionally, one member must be a member of the Tribal Council; provided, that the Council member will be removed from the Committee if he or she is no longer serving on the Tribal Council. The Committee shall appoint a Committee Chair from among its members. The Chair must be a tribal elder or a member of the Tribal Council. A quorum shall consist of those present and the vote will be the majority of those present.

(b) Duties and Powers. The Enrollment Committee shall review, evaluate and process all applications for tribal citizenship. It shall recommend to the Tribal Council approval or rejection of each complete application. It shall have the authority to require the applicant to furnish such evidence or proof as is necessary to constitute a complete application subject to STC 2.10.020 and to make appropriate recommendations to the Tribal Council. The Committee shall establish the nature and types of acceptable evidence which shall include, but not be limited to, court documents, state, federal or tribal records, hospital records, medical records, notarized statements, and Bible records.

(c) Records and Meetings. The Enrollment Committee shall make a quarterly report to the Tribal Council of its proceedings and actions. The Enrollment Committee shall make recommendations for citizenship in writing to the Tribal Council.

(a) Generally. The Enrollment Committee shall verify that the Enrollment Department maintains appropriate physical and electronic enrollment records to support its recommendations and maintain the official citizenship roll as accurately as possible. The records shall be open at all times to inspection by the Tribal Council. The records shall include originals or copies of documentation received in support of applications or for citizenship in the base roll, including addresses, dates of birth, birth certificates, dates of death, death certificates, change of names, etc.

(b) Confidentiality. The Enrollment Committee, the Tribal Council, the Enrollment Officer, and any employee or staff person who are involved in the enrollment process or who otherwise receive or are in possession of confidential enrollment-related information are prohibited from disclosing such confidential information obtained in the course of their duties to any other person except for official business purposes. Revealing information in the enrollment records by any person to someone other than members of the Tribal Council or to employees, for legitimate business purposes, shall be deemed grounds either for expulsion or suspension from Tribal Council or termination from tribal employment. It shall be the policy of the Tribe that enrollment records shall not be released, subject to the exceptions in this section, to any person absent the consent, for an adult, of the person whose records are sought, for a minor, of the minor’s custodial parent or legal guardian, and for a deceased person, of an elder from the deceased person’s family. Sealed records within an enrollment file, such as adoption records, shall be released only upon order of the Tribal Court for good cause shown.

(i) Confidential information within the control of the Enrollment Committee may be disclosed to tribal employees on a “need to know” basis, when necessary for legitimate tribal purposes, e.g., verification of enrollment status, mailing or physical address, or age to determine eligibility for citizen services.

(ii) A supervisor’s written approval shall be required before permission to access the physical enrollment records by an employee is granted. The Enrollment Committee shall develop a form for requesting access to the physical enrollment records which will document the employee seeking access to such records, the reasons why the records are sought, the supervisor’s approval of the request, and the date when the information released (in copy form) is returned to the Committee. Such information shall be returned to the Enrollment Committee as soon as it is no longer needed by the employee who has received it and is using the information, and shall not be disclosed to third persons, including other tribal employees, for any other purpose.

(5) Definitions. The following terms shall have the meaning given to them for purposes of this chapter:

(a) “Adult” means a person who is 18 years of age or older on a specific date.

(b) “Appellant” means a person who is appealing a decision of the Tribal Council or of the Enrollment Committee under the enrollment ordinance.

(d) “Base citizenship roll” means the April 4, 2003, citizenship roll of the Samish Indian Nation.

(e) “Child” means any minor under the age of 18 years.

(f) “Committee” means the Samish Enrollment Committee.

(g) “Descendant” means one who can trace ancestry through a lineal descent (daughter-father-grandfather-great-grandfather) to an individual that is biologically related.

(h) “Disenrollment” means the Tribe takes the action to remove a citizen from the citizenship rolls.

(i) Elder. Any enrolled Samish citizen who is above the age of 45 years of age shall be considered possessing elder status for the purposes of serving on the Samish Tribal Enrollment Committee.

(j) “Enrollment Officer” means the person appointed by the Tribal Council to handle and process enrollment applications. The Enrollment Committee shall perform the duties of Enrollment Officer until such time as the Tribal Council shall hire or designate an Enrollment Officer.

(k) “Indian blood” means the blood degree derived from a federally or state recognized Indian tribe.

(l) “Married” means the state of marriage as recognized by an Indian tribe or a state.

(m) “Master Samish citizenship roll” means the roll of all persons who are or were enrolled in the Samish Indian Nation, both living and deceased, and who were not removed from the citizenship roll for reasons other than death.

(n) “Natural parent” means a biological parent.

(o) “Official citizenship roll” means the current citizenship roll of the Samish Indian Nation, as amended from time to time by the Tribal Council.

(p) “Relinquishment” means when a citizen chooses to remove their name from the citizenship rolls.

(q) “Samish Indian blood” means the blood degree of a person derived from citizens of the Samish Indian Nation as the Tribe existed at the time the Point Elliott Treaty was negotiated in 1855, including associated Indian tribes and bands such as the Nhuwhaha as established by court decision or otherwise. [Res. 2023-09-003 § 1, 2023; Res. 2020-04-011 § 2, 2020.]