Enrollment Ordinance
RECITALS
WHEREAS, the Wyandotte Nation is a federally recognized Tribe, possessing inherent sovereign powers of Government; and
WHEREAS, those sovereign powers are exercised by a duly elected Board of Directors, deriving its governing powers from the Tribal Constitution and the Nation’s Council; and
WHEREAS, it is an authority and right of a Tribe to establish its own enrollment criteria and procedures; and
WHEREAS, the Board of Directors is desirous of establishing a Tribal Enrollment Ordinance, setting forth the criteria, policy and procedures for enrollment in the Wyandotte Nation.
THEREFORE BE IT RESOLVED that the Board of Directors of the Wyandotte Nation hereby adopts this Enrollment Ordinance.
Section 1.
Membership
The membership of the Wyandotte Nation shall consist of the following:
(a) All persons whose names appear on the official census roll of the Nation as of January 1, 1937; and
(b) All direct lineal descendants of persons identified in the official census roll of the Nation as of January 1, 1937, provided that they are not currently enrolled in any other Indian Tribe, Tribal Nation, Pueblo, Indian Band or Native Village.
(c) The degree of blood quantum of an individual proven to possess Wyandotte blood will not be a factor in determining Wyandotte membership.
Section 2:
Membership by Council Vote
A person of Wyandotte Nation ancestry who does not meet the requirements of Section 1 of the Constitution may be accepted for membership by a majority vote of the Nation Council. However, all direct lineal descendants of Absentee Wyandot referred to in the Treaty of 1855 and Treaty of 1867 are not eligible for membership. All direct lineal descendants of persons who trace their lineage to the Olive Roll census of Absentee Wyandot of April 26, 1904 may not apply nor are they eligible for membership.
Section 2.
Applications for Enrollment
A. Who must file?
All persons not listed on the current membership roll of the Wyandotte Nation who request membership in the Wyandotte Nation must file an enrollment application. Parents, grandparents or legal guardians may file applications for minors or incompetents. The enrollment application must be complete with all required documentation attached.
B. When and where to file an application
An enrollment application must be filed with the Enrollment Department or such other persons may be designated by the Tribal Enrollment Committee of the Wyandotte Nation.
C. DNA testing
Applicants who are requested by the Wyandotte Nation to have DNA testing done, must comply. Failure to do so will result in the disqualification of the applicant(s) in question. For those individuals seeking enrollment, or for those individuals seeking enrollment for their children or wards, the cost of DNA testing will be borne by those Individuals and the testing conducted at a laboratory certified and selected by the Wyandotte Enrollment Committee.
D. What the application must contain
Each enrollment application must be completed in its entirety and must contain sufficient personal information to properly determine the applicant’s eligibility for enrollment.
Applications must contain the following:
1. All names by which the applicant is known;
2. The complete current address and all telephone numbers of the applicant.
3. The name(s) of the applicant’s Indian ancestor(s) whose names appear on the census roll of the Nation as of January 1,1937; (If the applicant is applying under Section 2 of the Constitution, the name(s) of the applicant’s ancestors on any roll other than the official census roll as of January 1, 1937)
4. The name of the tribe(s) and degree(s) of Indian blood, if known, of any other tribe(s) other than the Wyandotte Nation.
5. The signature of the applicant certifying that the applicant is not enrolled in any other Tribe and that all information is true to the best of the knowledge and belief of the person filing the application; subject to possible criminal penalties for supplying false information.
6. The date of the filing of the application.
NOTE: The application must be accompanied by a certified birth certificate (photocopies are invalid) of the applicant and any other applicable and pertinent original documentary evidence.
Section 3.
Processing of the Application
A: By the enrollment department
1. Stamp the application form with the date on which it is received, first making sure the application is complete. If not, notify the applicant of what is required. Once completed, acknowledge receipt of it in writing to the applicant.
2. Make a folder for the application and supporting documents.
3. If applicant possesses blood of any other tribe, check on possible dual enrollment.
4. Verify ancestry to official census roll as of January 1, 1937. Or for consideration under Section 2 of the constitution only, verify ancestry to other Wyandotte Nation rolls.
5. Separate applications into three stacks:
(a) Applicants that meet all requirements, and;
(b) Applicants that do not meet all requirements, and:
(c) Applicants who may qualify under Section 2 of the Constitution.
In addition the Enrollment Department shall:
6. Correct any simple mathematical errors found in the current membership roll. The corrected errors shall be listed and submitted to the Enrollment Committee in a semi-annual report. The report will list the members name(s) and members tribal ID number(s). It will state clearly what the error was before being corrected, and after the correction. Any errors that involve more than simple mathematical errors shall be brought to the attention of the Enrollment Committee before any corrections are made. The Enrollment Committee will make the decisions relevant to the changes and inform the Enrollment Department to make changes when deemed appropriate by the Enrollment Committee.
Section 4.
The Tribal Enrollment Committee
A. The Tribal Enrollment Committee shall consist of a five (5) members, who shall be appointed by the Board of Directors, three of which shall serve a term which expires at the Nation Council annual meeting in September of 2001. At which time, three committee members will be appointed to a four-year term to replace the three appointed members whose terms expire. Two of the appointed committee members shall serve until the Nation Council annual meeting in September of 2003. At which time, two committee members will be appointed to a four-year term to replace the two appointed members whose terms expire. Appointments for committee members shall then take place in odd numbered years.
B. In addition two alternate committee members will be appointed until the 2001 Wyandotte Annual Nation Council meeting. At the 2001 Annual Nation Council meeting two alternates will be appointed to replace the appointed alternates and will serve a four-year term. Alternates can attend all committee meetings, but may not vote. Should a regular committee member vacate office for any reason, an alternate will replace the committee member and serve the remainder of the term that has been vacated. Alternates will be appointed as Alternate 1 and Alternate 2 and will replace committee members in their numerical order.
C. Three members of the committee are required to be present at each meeting In order to constitute a quorum.
D. All Enrollment Committee members shall be enrolled members of the Wyandotte Nation.
E. The Enrollment Committee will elect its own Chairman. The Chairman will vote only in the case of a tie.
F. The Enrollment Committee shall meet quarterly, beginning In January of 2001. Each quarterly meeting shall take place on the first Saturday of each meeting month. The meeting may be cancelled only if there is no business for the committee to consider, or if an emergency arises that makes it impossible for the committee to meet. Cancelled meetings must be rescheduled within two weeks of the cancelled meeting, if a meeting is required to consider enrollment applications.
G. Special meetings of the Enrollment Committee can be called by a majority vote of the Board of Directors.
H. Removal from the Enrollment Committee shall be by resignation of the Committee Member or removal by the Board of Directors due to dereliction of duty. Upon removal or resignation, the Board of Directors shall appoint a new Enrollment Committee Member to fill the vacated position until the term of that specific position expires.
Actions to be taken by the enrollment committee shall include
1. Examine applications and determine accuracy and sufficiency of research by the Enrollment Department requiring additional action by the Enrollment Department if necessary.
2. Make decisions on whether to recommend acceptance or rejection of applicants.
3. Present both the applications who meet all requirements and the applicants that do not meet all requirements to the Wyandotte Nation’s Council annual meeting for a final determination.
4. Present applicants who may qualify under Section 2 of the Tribal Constitution to the Nation Council for determination.
5. Make decisions on blood quantum errors reported by the Enrollment Department and inform them of your decisions by resolution.
6. Maintain minutes of all committee meetings.
Section 5.
Records
A. An Individual folder shall be established for each Nation tribal member. This folder shall contain the following items:
• Application form
• Family tree
• Birth certificate
• Relevant correspondence
• Copy of resolutions affecting enrollment
• Death certificate
• Any and all other documentation on the person pertinent to membership in the Nation
B. Access to Records: Information in individual folders shall be considered confidential. It shall not be available to anyone except that individual member (or his/her legal guardian) and to the Enrollment Committee, Enrollment Committee members, and to the Wyandotte Nation’s Council when such examination is necessary in considering enrollment decisions.
C. Updating Records. Upon receipt of appropriate documentation, the Enrollment Department is authorized to update the information on the Nation roll. The following documentation is deemed adequate for such actions to be taken:
1. Name Change
Marriage license
Divorce decree
Court order changing name
2. Address Change
Written statement signed by Nation member or his/her guardian.
3. Death
Death certificate
Bureau of Indian Affairs records
Mortuary records
Hospital records
Obituary notice from newspaper
Written, signed statement from relative
Written, signed statement from someone who attended funeral or who saw the grave marker and can provide date of death.
The Board of Directors must approve any change, for which none of the above documents is available, by resolution. A copy of that resolution stating the reason for the change without usual documentation shall be placed in the individual’s folder.
Section 6.
Appeals
Applicants who are determined ineligible by the Tribal Enrollment Committee shall have their applications presented to the Nation Council. An decisions by the Nation Council are final.
Section 7.
Loss of Membership
A. Relinquishments. Any adult member of the Wyandotte Nation may voluntarily relinquish his/her membership. His/her parent or legal guardian may relinquish the membership of any member of the Wyandotte Nation who is not at least 18 years of age. All relinquishments must be in writing, and the signature must be notarized and witnessed by two persons. Members wishing to relinquish will be encouraged to do so on a conditional relinquishment form. In such case, the relinquishment will become effective upon review by the Nation Board of Directors and the enrollment department will be notified of the Boards decision to remove the individual from the Wyandotte Nation Roll. Once relinquishment is final, the relinquished person may not reapply for membership in the Wyandotte Nation. However, minors relinquished by their parents or guardians, will be given the opportunity to re-apply for membership upon reaching the age of eighteen years. In addition, incompetents will be given the opportunity to re-apply if a new legal guardian has been legally appointed. The Enrollment Committee will provide relinquishment forms to any member requesting one after the committee has counseled the individual orally or in writing, as to the consequences of relinquishing their membership. The Committee will then document their conversations and correspondence and retain in the member’s file. Involuntary relinquishments must be approved by the Nations Council.
B. Dis-enrollments. Any Nation member who is found to have been erroneously enrolled or any enrolled member who is found to have used any fraudulent means to acquire enrollment, or any member who is currently enrolled as a member of another Indian Tribe, Tribal Nation, Indian Band, Pueblo or Native Village or any either person who is found not eligible for tribal membership pursuant to the Nation’s membership requirements contained in this Ordinance and in the Constitution of the Wyandotte Nation, shall be subject to dis-enrollment. A member who is found guilty of a shocking or heinous crime against society, shall also be subject to dis-enrollment.
C. Such a member shall be notified by certified mail, return receipt requested, of the intent to dis-enroll. Included in the notice shall be the date set for a hearing before the Board of Directors to consider the matter, if requested within thirty (30) days. The Board of Directors shall validate that the member is subject to dis-enrollment. That decision shall be documented in a resolution and the resolution brought before the Nation Council for a final determination. The decision of the Nation Council cannot be appealed.
Certificate of Enactment
The foregoing resolution was passed at the regularly scheduled meeting of the Board of Directors of the Wyandotte Nation on the 23 day of August, 2000 with a vote of 4 for, 0 against, and 0 abstaining.
Definition
ABSENTEE WYANDOT
The Wyandot who took land allotments in Kansas under the provisions of the Treaty of January 31, 1855 at Washington, 10 Stat. 1:59 became known as the Citizen or Absentee Wyandot. Owing to the often violent atmosphere and the increased white settlement in the Kansas area many of these Indians lost their lands and drifted toward the Quapaw Agency to join the other members of the tribe.
Many of these about two hundred, applied to the Quapaw Agency too late to participate in the allotment of the Wyandotte lands there. The Act of August 15, 1894. 28 Stat. 286, 301 contained a provision for these Wyandot to be allotted elsewhere in the Indian Territory. The Act of June 10, 1896. 29 Stat. 321 specified that lands of the Choctaw and Chickasaw Nations were to be used. Under the provision of this Act a roll of the eligible Absentee Wyandot was prepared by Special Agent Joel T. Olive (hereafter cited as the “Olive Roll”).
For various reasons the Absentee Wyandot were not able to take allotments from the Choctaw and Chickasaw lands as per the 1896 Act. To rectify this situation the Act of April 28, 1904. 33 Stat. 519 provided that those Wyandot on the Olive Roll be allowed to choose 80 acre allotments from the public domain. The result of this act is that the Absentee Wyandot took allotments from the public lands throughout the United States and ceased to maintain any tribal affiliation.
