Title CTZ Citizenship

Chapter CTZ.1 Citizenship Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to determine its Tribal citizenship which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article II, §§ 2, 3 and 4 of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the tribal governing board to "enact the ordinance subject to approval of the Secretary of the Interior stating the criteria for future membership and adoption of the new members…," establish that "Any person who has been rejected for enrollment as a member of the Band shall have the right of appeal to the Secretary of the Interior, whose decision shall be final" and "enact ordinances governing loss of membership..." It is the purpose of this ordinance to: (1) define and regulate membership in the Lac Courte Oreilles Tribe in accordance with the Constitution and By-Laws of the Lac Courte Oreilles Tribe; and (2) establish an orderly enrollment procedure which affords due process of Tribal law to all persons.

Subchapter CTZ.1.1 Introduction

CTZ.1.1.010 Title

This ordinance shall be known as the Citizenship Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

CTZ.1.1.020 Authority

CTZ.1.1.030 Purpose

It is the purpose of this ordinance to:

(a) Define and regulate membership in the Lac Courte Oreilles Tribe in accordance with the Constitution and By-Laws of the Lac Courte Oreilles Tribe; and

(b) Establish an orderly enrollment procedure which affords due process of Tribal law to all persons.

CTZ.1.1.040 Effective Date

The provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board subject to approval of the Secretary of the Interior or her authorized representative.

CTZ.1.1.050 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to enrollment with and citizenship (membership) in the Lac Courte Oreilles Tribe;

(b) Shall be liberally construed in favor of the Tribe;

CTZ.1.1.060 Severability and Non-Liability

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

CTZ.1.1.070 Repeal of Inconsistent Tribal Ordinances

All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater restrictions than those contained in any other tribal law, code, ordinance or regulation, the provisions of this ordinance shall govern.

Subchapter CTZ.1.2 General Definitions

CTZ.1.2.010 General Definitions

The following terms, wherever used in this ordinance, shall be construed to apply as follows:

(a) "Applicant" means the person seeking to be enrolled for membership in the Tribe.

(b) "Appellant" means a person who is appealing the decision of the Lac Courte Oreilles Tribal Governing Board to reject an application for enrollment.

(c) "Birth Certificate" means a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth.

(d) "Bureau of Indian Affairs Record" means an official record of the Bureau of Indian Affairs maintained in the holdings of the Agency Office, Regional Office, Central Office or the U.S. National Archives and Records Administration.

(e) "Certified Documentary Evidence" means evidence that is an original or complete reproduction (photocopy) of a document, judgment, or record that is signed and attested to as an accurate and complete reproduction of the original document by a public official in whose custody the original has been placed for safekeeping. These include documents executed under seal including certified copies of public records and ancient documents.

(f) "Citizen" means a member of the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(g) "Citizen Services Department" or "Department" means the citizen services department of the Tribe.

(h) "Citizenship" identifies membership within the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(i) "Citizenship Committee" or "Enrollment Committee" means the seven member Committee appointed by the Tribal Governing Board pursuant to Subchapter CTZ.1.3 of this ordinance with the powers and authority as conferred upon it by this ordinance including but not limited to the following: review of applications for Tribal citizenship, acceptance of relinquishment requests, acceptance of requests to rescind relinquishment, and recommending the acceptance or rejection of Citizenship applications or renunciation petitions to the Tribal Governing Board.

(j) "Enrollment Document" means an application, petition, letter, notice, recommendation or any other document submitted by a member, applicant, or the Citizenship Committee.

(k) "Family Tree" means a diagram showing the relationships between people in several generations of a family; a genealogical tree.

(l) "Genealogical Record" means a record or account of the decent of a person or family from an ancestor or ancestors including but not limited to family tree, genetic analysis (DNA Tests), historical and other records.

(m) "Genetic Analysis" means a genetic test also referred to as a DNA Test, which examines the genetic information contained inside a person's cells called DNA, to determine if that person is the offspring or relative of another.

(n) "Historical Record" means a vital or other record including but not limited to the following: death certificate, marriage certificate, divorce record, adoption record, census record, religious record (baptism and confirmation record), court record, military record, cemetery record or newspaper article.

(o) "Immediate Family Member" means the mother, father, brother, sister, daughter, son, grandmother, grandfather, grandchildren, aunt, uncle, and first cousin.

(p) "Lineal Descendant" means a blood relative in the direct line of descent to an ancestor, such as a child, grandchild, great-grandchild, etc.

(q) "Meetings" means the meetings of the Citizenship Committee including regular, special, and emergency meetings.

(r) "Obvious Conflict of Interest Situation" means a situation pertaining to a decision involving the citizenship file of an immediate family member of a member of the Committee.

(s) "Relinquishment" means the voluntary withdrawal of citizenship (membership) in the Tribe.

(t) "Renunciation" means an affirmative action pursuant to Subchapter CTZ.1.7 of this ordinance by the Tribe to deprive a citizen (member) of the right to tribal citizenship (membership). "Renunciation of citizenship" means an act or instance of relinquishing, abandoning, or repudiating ones citizenship as a right, title, or interest; also referred to as disenrollment.

(u) "Sponsor" means the applicant's parents, legal guardian, spouse, next of kin, or other person authorized to file enrollment documents on behalf of the applicant.

(v) "Sworn Affidavit" means a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law.

(w) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(x) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter CTZ.1.3 Citizenship Policy

CTZ.1.3.010 Composition

The Citizenship (Enrollment) Committee shall consist of seven (7) members.

CTZ.1.3.020 Establishment and Terms

Within fourteen (14) days of the effective date of this ordinance, each member of the Tribal Governing Board shall appoint or shall have appointed one person to the Citizenship (Enrollment) Committee who shall serve for a term concurrent with the term of the appointing Governing Board member.

CTZ.1.3.030 Appointment by Tribal Governing Board and Terms

Except as provided in Section CTZ.1.3.020 of this ordinance, within fourteen (14) days of Inauguration or appointment a Tribal Governing Board member shall appoint one person to the Citizenship (Enrollment) Committee who shall serve for a term concurrent with the term of the appointing Tribal Governing Board member.

CTZ.1.3.040 Vacancies on Enrollment Committee

Within fourteen (14) days of any vacancy on the enrollment committee, the Tribal Governing Board member who originally appointed the individual whose position is vacant shall appoint a new member to the Citizenship (Enrollment) Committee. Said appointee shall serve the remaining term of the vacant position.

CTZ.1.3.050 Failure to Appoint

Should any Tribal Governing Board member fail to appoint an individual to the Citizenship (Enrollment) Committee in accordance with Section CTZ.1.3.020, Section CTZ.1.3.030, or Section CTZ.1.3.040 of this ordinance, the Tribal Governing Board shall make such appointment by majority vote.

CTZ.1.3.060 Duties and Authority

The Citizenship (Enrollment) Committee shall have the duty and authority:

(a) In accordance with Subchapter CTZ.1.6 of this ordinance to receive and review all enrollment applications and to recommend to the Tribal Governing Board whether such applications should be approved or rejected;

(b) In accordance with Subchapter CTZ.1.7 of this ordinance, to receive and review disenrollment petitions, to initiate disenrollment proceedings, and to recommend to the Tribal Governing Board whether disenrollment petitions should be approved or rejected; and

CTZ.1.3.070 Bylaws

The Citizenship (Enrollment) Committee shall establish Bylaws which shall govern the manner and procedures by which it shall carry out its duties and authority conferred by this ordinance. The Citizenship Committee Bylaws are established pursuant to Chapter CTZ.2 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL), which was enacted by Lac Courte Oreilles Tribal Governing Board Resolution No. 15-38 on April 7, 2015.

Subchapter CTZ.1.4 Citizenship (Membership)

CTZ.1.4.010 Citizenship (Membership) Based on 1940 Rolls

All persons of Lac Courte Oreilles Indian blood who meet the Citizenship (Membership) criteria of Article II, § 1 of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, shall be Citizens (Members) of the Tribe.

CTZ.1.4.020 Lineal Descendency

(a) Any person born prior to November 2, 1966 who possesses Lac Courte Oreilles Indian blood, and who is a lineal descendant of an enrolled Citizen (Member) of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, shall be a member of the Tribe upon filing an application for enrollment with the Citizenship (Enrollment) Committee and upon approval of such application by the Tribal Governing Board.

(b) Any person born subsequent to November 2, 1966, who is a lineal descendant of an enrolled Citizen (Member) of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, who possesses 1/8 degree Lac Courte Oreilles Indian blood or possesses at least 1/16 degree Lac Courte Oreilles Indian blood and 1/16 degree federally recognized Ojibwe blood and who files an application for enrollment with the Citizenship (Enrollment) Committee, shall be a Citizen (Member) of the Tribe upon approval of such application in accordance with this ordinance.

(c) To be considered a lineal descendant of an enrolled Citizen (Member) of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, an Applicant must demonstrate that his or her mother, father, grandparent, or other lineal ancestor is, was, or was eligible for inclusion on the basic membership roll as, a member of the Tribe. A relationship of lineal ancestry shall exist when there is a direct blood parental relationship from one generation to the next.

CTZ.1.4.030 Lac Courte Oreilles Tribal Membership Exclusive

No person who is enrolled with a Tribe, Band or group of Indians other than the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, shall be a member of the Tribe.

Subchapter CTZ.1.5 Tribal Citizenship (Membership) Roll

CTZ.1.5.010 Membership Roll

The tribal Citizenship (Membership) roll shall contain the names of all enrolled Citizens (Members) of the Tribe arranged in alphabetical order. For each such Citizen (Member), the roll shall also indicate the person's enrollment number, sex, date of birth, blood degree (Indian and Tribal), parents' blood degree, address, and a column for remarks, e.g., date of enrollment. The remarks column should also indicate the name and base roll number of the person's ancestor. Any notations made upon such roll shall indicate by whom such notations were made, the date, and the authority for making such notations.

CTZ.1.5.020 Citizenship (Membership) Roll to Be Kept Current

The Tribal Governing Board shall cause the tribal Citizenship (Membership) roll to be kept current and shall annually review the roll for such purpose. The names of all persons who are deceased and all persons who have relinquished their Citizenship (Membership) in the Tribe in writing shall be noted in the roll and the names of all persons whose applications for enrollment have been approved by the Tribal Governing Board shall be promptly added to the roll.

CTZ.1.5.030 Annual Tribal Citizenship (Membership) Roll Provided

The Tribal Governing Board shall provide to Citizens (Members) annually a list of all additions to or deletions from the Tribal Citizenship (Membership) roll.

Subchapter CTZ.1.6 Application for Enrollment

CTZ.1.6.010 Written Application to Be Filed with the Citizenship (Enrollment) Committee

All person seeking Citizenship (Membership) in the Tribe pursuant to Section CTZ.1.4.020 and Section CTZ.1.4.030 of this ordinance shall file with the Citizenship (Enrollment) Committee a separate written application on a form approved by the Tribal Governing Board.

CTZ.1.6.020 Application for Enrollment on Behalf of Another Person

If the person to be enrolled is a minor or an incompetent person, a member of the United States Armed Services or other services of the United States Government who is stationed outside the continental United States, or part of the immediate family of a United States Government servant stationed outside the continental United States, an application for enrollment may be completed and filed by the applicant's parents, legal guardian, next of kin, or by the applicant's spouse as the sponsor of such person.

CTZ.1.6.030 Applications to Be Numbered and Dated

The Citizenship (Enrollment) Committee shall assign an identifying number and shall record the date on which each enrollment document is received.

CTZ.1.6.040 Citizenship (Enrollment) Committee to Review Applications

The Citizenship (Enrollment) Committee shall review all enrollment applications. It shall consider the information provided in such applications and all other relevant evidence as defined in Section CTZ.1.6.060 of this ordinance concerning the applicant's eligibility for Citizenship (Membership). The Citizenship (Enrollment) Committee shall then make a written recommendation to the Tribal Governing Board as to whether the application should be approved or rejected. Where the Citizenship (Enrollment) Committee needs additional information from an applicant, the Committee shall send the applicant or sponsor as applicable, a notice specifying that additional information is necessary to make a recommendation on the application. In doing so, the Committee shall explain that the applicant has six (6) months to provide the requested information otherwise the Committee shall make a recommendation to the Tribal Governing Board to deny membership for lack of a complete application. A sponsor may be the applicant's parents, legal guardian, next of kin, or other persons authorized to file Citizenship documents on behalf of the applicant as established in Section CTZ.1.6.060 of this ordinance.

CTZ.1.6.050 Governing Board to Determine Applicant's Eligibility

(a) The Tribal Governing Board shall review each application for enrollment, and accompanying information and evidence, together with the recommendations of the Citizenship (Enrollment) Committee and determine whether the applicant is eligible to be enrolled as a member of the Tribe.

(b) The Tribal Governing Board shall express, its final determination of eligibility for enrollment in a resolution properly certified by the Tribal Governing Board's Secretary. The determination shall show or attach documentation of the Citizenship (Enrollment) Committee's recommendation and the applicant's date of birth.

(d) Determination by the Tribal Governing Board shall be final except as otherwise provided in Subchapter CTZ.1.8 of this ordinance.

CTZ.1.6.060 Burden of Proof and Evidence of Eligibility

(a) The applicant shall have the burden of proof in establishing to the Tribal Governing Board by clear and convincing evidence that the applicant meets all of the requirements for Tribal Citizenship (Membership).

(b) The evidence, which an applicant may submit in support of an application, shall be limited. All documentary evidence shall be certified documentary evidence as defined in Section CTZ.1.2.010(e), and be limited to: birth certificates as defined in Section CTZ.1.2.010(c); genealogical records as defined in Section CTZ.1.2.010(l) and as further explained in Section CTZ.1.2.010(k), Section CTZ.1.2.010(m), Section CTZ.1.2.010(n); sworn affidavits as defined in Section CTZ.1.2.010(v) from persons having personal knowledge of the facts at issue; and the records of the Bureau of Indian Affairs as defined in Section CTZ.1.2.010(d).

(c) The Governing Board shall consider all other relevant evidence except as limited herein regarding the applicant's eligibility for enrollment and shall have the authority to determine the relevance, weight and sufficiency of such evidence.

CTZ.1.6.070 Notice of Citizenship (Membership) Determination

(a) Manner of Notice of Citizenship (Membership) Determination. Upon a final determination of approval or rejection of a Citizenship (Membership) application by the Tribal Governing Board pursuant to Section CTZ.1.6.050 of this ordinance, the Citizenship Services Department shall mail a written notice by certified mail, postage fully prepaid and return receipt requested, to the address provided by the applicant, or as provided in Tribal files, or at such different address as may have subsequently been provided to the Department in writing.

(1) Upon a final determination of approval of a Citizenship application by Tribal Governing Board, the names of the new tribal Citizens shall be posted in the Lac Courte Oreilles Tribal Administration Office pursuant to Section CTZ.1.5.030 of this ordinance.

(b) Content of Notice of Rejection. If the final determination of the Tribal Governing Board is to reject the application for enrollment, the written notice provided by the Citizenship Services Department shall indicate that the application was rejected, give the vote results of the Tribal Governing Board and set forth the requirement or requirements, which the Tribal Governing Board found the applicant failed to establish. The notice shall also indicate the time within which an appeal as provided by Subchapter CTZ.1.8 of this ordinance must be commenced and the procedure for making such a request or commencing such an appeal.

(c) Content of Notice of Approval. If the final determination of the Tribal Governing Board is to approve the application for enrollment, the written notice shall indicate that the application was approved and shall give the resolution number and date of enactment whereby the Tribal Governing Board approved such application.

Subchapter CTZ.1.7 Relinquishment and Renunciation

CTZ.1.7.010 Relinquishment

Any Citizen (Member) may voluntarily relinquish his or her Citizenship (Membership) in the Tribe by filing a written notice of such relinquishment with the Citizenship Services Department. Upon receipt of a filing of a written notice of relinquishment, the Citizenship Services Department shall assign a number to, and record the date the written notice was received and then provide the written notice of such relinquishment to the Citizenship (Enrollment) Committee. A relinquishment shall be effective upon receipt by the Citizenship (Enrollment) Committee unless subject to Section CTZ.1.7.020 of this ordinance.

CTZ.1.7.020 Conditional Relinquishment

The voluntary relinquishment of any Citizen (Member), who relinquishes their Citizenship (Membership) for the purpose of enrolling in another federally recognized Tribe, shall not become effective until the request for enrollment in the other Tribe is accepted. Once accepted, enrollment in the Lac Courte Oreilles Tribe shall cease immediately.

CTZ.1.7.030 Rescission of Relinquishment

(a) Any person may rescind his or her relinquishment upon providing written notice to the Citizenship Services Department. Such notice shall indicate whether the person has been enrolled with another Tribe, Band or group of Indians after his or her relinquishment and whether the person has shared in the distribution of any Claims judgment while so enrolled. Upon receipt of a filing of a written notice rescinding relinquishment, the Citizenship Services Department shall assign a number to, and record the date the written notice was received and then provide the written notice of such rescission of relinquishment to the Citizenship (Enrollment) Committee.

(b) A rescission of relinquishment shall be effective upon receipt by the Citizenship (Enrollment) Committee and the person shall be re-enrolled with the Tribe provided that such person shall not be eligible for distribution of any claims judgment of any other Tribe, Band, or group of Indians.

CTZ.1.7.040 Relinquishment by Other than Member

Applications for relinquishment of Citizenship (Membership) shall not be made by any person other than the Citizen (Member) unless accompanied by proof that the person seeking the relinquishment is the legal guardian of the person who's Citizenship (Membership) will be relinquished.

CTZ.1.7.050 Petitions for Renunciation

Any Citizen (Member), or member of the Citizenship (Enrollment) Committee, may file a petition seeking the disenrollment of any other member. Such petition shall be submitted to the Citizenship Services Department and shall specify the grounds upon which the request for disenrollment is based. Upon receipt of a petition for renunciation, the Citizenship Services Department shall assign a number to, and record the date the petition was received and then provide the petition for renunciation to the Citizenship (Enrollment) Committee.

CTZ.1.7.060 Enrollment Committee to Review Petitions and Initiate Renunciation Proceedings

The Citizenship (Enrollment) Committee shall have the authority to initiate disenrollment proceedings upon its own petition or upon receipt of a renunciation petition filed by a Citizen (Member). The Citizenship (Enrollment) Committee shall accept all petitions for renunciation of citizenship filed by a member or may initiate renunciation proceedings upon its own petition. The Citizenship Committee shall review all renunciation petitions and shall consider the information provided in such petitions and all other relevant information pertaining to the citizen's evidence of eligibility pursuant Section CTZ.1.6.060 of this ordinance concerning such petitions. Other relevant information may include certified documentary evidence as defined in Section CTZ.1.2.010(e), and be limited to: birth certificates as defined in Section CTZ.1.2.010(c); genealogical records as defined in Section CTZ.1.2.010(l) and as further explained in Section CTZ.1.2.010(k), Section CTZ.1.2.010(m), Section CTZ.1.2.010(n); sworn affidavits as defined in Section CTZ.1.2.010(v) from persons having personal knowledge of the facts at issue; and the records of the Bureau of Indian Affairs as defined in Section CTZ.1.2.010(d) of this ordinance. The Citizenship (Enrollment) Committee shall make a written recommendation to the Tribal Governing Board as to whether the petition should be approved or rejected. Where the Citizenship (Enrollment) Committee determines that additional information is needed, it may request such information from the petitioner or affected Citizen (Member).

CTZ.1.7.070 Petitions to Be Numbered and Dated

The Citizenship (Enrollment) Committee shall assign an identifying number to each disenrollment petition and shall record the date on which each petition is received.

CTZ.1.7.080 Tribal Governing Board to Determine Citizen's Continued Eligibility

(a) The Governing Board shall review each renunciation petition, and accompanying information and evidence, together with the recommendations of the Citizenship (Enrollment) Committee and determine whether the applicant is eligible for continued enrollment as a Citizen (Member) of the Tribe.

(b) The Tribal Governing Board shall express its final determination of eligibility for continued enrollment in a resolution properly certified by the Tribal Governing Board Secretary. The determination shall show:

(1) The Citizenship (Enrollment) Committee's recommendation;

(2) The affected Citizen's (Member's) date of birth;

(3) If the renunciation petition was granted, the Citizenship (Membership) requirement or requirements which the Tribal Governing Board found the affected Citizen (Member) failed to meet; and

(d) Determination by the Tribal Governing Board shall be final except as otherwise provided in Subchapter CTZ.1.8 of this ordinance.

CTZ.1.7.090 Grounds for Disenrollment

The Tribal Governing Board shall not dis-enroll any Citizen (Member) except for one of the following reasons:

(a) The person obtained citizenship rights by error or mistake or by fraud, deceit or misrepresentation;

(b) The person knowingly became a fully recognized member in a Tribe, Band or group of Indians other than the Lac Courte Oreilles Tribe; or

(c) The person is a descendant of a person whom renunciation of citizenship proceedings were previously granted pursuant to Section CTZ.1.7.090(a), above and does not otherwise meet the Citizenship (Membership) criteria of the Tribe.

CTZ.1.7.100 Burden of Proof and Evidence of Continued Eligibility

(a) The petitioner shall have the burden of proof in establishing to the Tribal Governing Board by clear and convincing evidence that the petitioned applicant does not meet the requirements for tribal Citizenship (Membership).

(b) The evidence, which a petitioner may submit in support of a renunciation petition, shall be limited as provided in Section CTZ.1.6.060 of this ordinance.

(c) The Tribal Governing Board shall consider all other relevant evidence except as limited herein regarding the affected Citizen's (Member's) eligibility for continued enrollment and shall have the authority to determine the relevance, weight and sufficiency of such evidence.

CTZ.1.7.110 Notice Specifying the Grounds for Renunciation Prior to Final Decision

The Citizenship (Enrollment) Committee initiates a renunciation proceeding or upon receipt of a renunciation petition filed by a Citizen (Member), the Committee shall send the tribal citizen a notice specifying the grounds for renunciation as established pursuant to Section CTZ.1.7.090 of this ordinance. In doing so, the Committee shall explain that the tribal citizen has six (6) months to provide adequate evidence pursuant to Section CTZ.1.6.060 of this ordinance, to rectify the error, mistake or other grounds for renunciation, otherwise the Committee shall make a recommendation to the Tribal Governing Board to approve the renunciation of the citizenship of the tribal citizen pursuant to Section CTZ.1.7.080 of this ordinance.

CTZ.1.7.120 Notice of Determination of Applicant's Continued Eligibility

(a) Notice Required. Upon a final determination of approval or rejection of a renunciation petition by the Tribal Governing Board pursuant to Section CTZ.1.7.080 of this ordinance, the Citizenship Services Department shall mail a written notice by certified mail, postage fully prepaid and return receipt requested, to the address provided by the applicant, or as provided in Tribal files, or at such different address as may have subsequently been provided to the Department in writing.

(b) Content of Notice When Petition Granted. If the final determination of the Tribal Governing Board is to grant the renunciation petition, the written notice shall indicate that the petition was granted, give the result of the Governing Board's vote and set forth the requirement or requirements, which the Tribal Governing Board found the affected member failed to meet. The notice shall also indicate the time within which an appeal as provided by Subchapter CTZ.1.8 of this ordinance must be commenced and the procedure for making such a request or commencing such an appeal. The content and form of the Notice shall be approved by the Governing Board.

(c) Content of Notice When Petition Rejected. If the final determination of the Tribal Governing Board is to reject the renunciation petition, and affirm the affected Citizen's (Member's) right to Citizenship (Membership), the written notice shall indicate that the Citizenship (Enrollment) Committee's recommendation for disenrollment was disapproved. The notice shall give the Tribal resolution number and the date of its enactment whereby affirmation of the right to Citizenship (Membership) was commemorated. The content and form of the Notice shall be approved by the Governing Board.

Subchapter CTZ.1.8 Appeal of Final Determination

CTZ.1.8.010 Right of Appeal

Any person filing an application for enrollment that has been rejected or a Citizen (Member) who has been dis-enrolled by the Tribal Governing Board may appeal the final determination as provided herein.

CTZ.1.8.020 Reconsideration by Tribal Governing Board

(a) To commence an appeal, such person must first request the Tribal Governing Board to reconsider its final determination by clearly expressing in writing an intent to appeal such rejection or disenrollment. A copy of such written notice must be served on the Tribal Governing Board no later than the 30th day after the Notice of Rejection or Renunciation was received. Service upon the Tribal Governing Board shall be made by mailing the notice to the Tribal Governing Board's address or by personal service upon the Governing Board's Secretary. Service by mail is complete upon mailing via certified mail, postage prepaid and return receipt requested. Personal service may be made by any adult who is not the appellant and may be accomplished by delivering the written notice of appeal to the Governing Board's Secretary or by leaving the notice in the office of the Secretary with the person who is apparently in charge of the office. Proof of such service indicating the date, time and place of service may be required by the Tribal Governing Board. If the Notice of Rejection or Renunciation is delivered to an address outside the continental United States, there shall be 60 days in which to file an appeal.

(b) Upon the timely receipt of a request for reconsideration, the Tribal Governing Board shall review the complete record together with all evidence concerning the eligibility for Citizenship (Membership) previously presented to the Tribal Governing Board. The reconsideration shall not include any evidence as defined in Section CTZ.1.6.060 and Section CTZ.1.7.050 of this ordinance not previously furnished unless the appellant establishes that such evidence was not previously available through no fault of the appellant or was not previously introduced because of mistake, inadvertence or excusable neglect. An appellant may be granted additional evidence within the discretion of the Tribal Governing Board.

(c) Upon reconsideration, the decision of the Tribal Governing Board shall be final and conclusive as to the Tribe and written notice of the decision shall be given to the appellant promptly, provided that the appellant shall have the right to appeal to the Secretary of Interior as provided Section CTZ.1.8.030 of this ordinance.

CTZ.1.8.030 Appeal to Secretary of Interior

After Tribal Governing Board reconsideration, any person whose application for enrollment has been rejected or who has been renounced may appeal the Tribal Governing Board's decision to the Secretary of the Interior pursuant to the provisions of 25 C.F.R. Part 62 (2014) or its successor. The decision of the Secretary of Interior shall be final and conclusive.

Chapter CTZ.2 Citizenship Committee By-Laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to determine its Tribal citizenship which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article II, §§ 2, 3 and 4 of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to enact an ordinance pertaining to citizenship. A critical component of the implementation of the Citizenship Code is the establishment of the Citizenship Committee. The responsibility of the Citizenship Committee is to review applications for Tribal citizenship, accept relinquishment requests, accept requests to rescind relinquishment, and recommend the acceptance or rejection of Citizenship applications or renunciation petitions to the Tribal Governing Board.

Subchapter CTZ.2.1 Introduction

CTZ.2.1.010 Title

This ordinance shall be known as the Citizenship Committee By-Laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

CTZ.2.1.020 Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to determine its Tribal citizenship which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article II, §§ 2, 3 and 4 of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the tribal governing board to "enact the ordinance subject to approval of the Secretary of the Interior stating the criteria for future membership and adoption of the new members…," establish that "Any person who has been rejected for enrollment as a member of the Band shall have the right of appeal to the Secretary of the Interior, whose decision shall be final" and "enact ordinances governing loss of membership..." The authority of the Citizenship Committee is derived from Subchapter CTZ.1.3 of Chapter CTZ.1 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL), which was enacted by Lac Courte Oreilles Tribal Governing Board Resolution No. 04-20 and approved by the Secretary of the Interior on October 13, 2004.

CTZ.2.1.030 Purpose

The purposes of the Citizenship Committee shall be to review applications for Tribal citizenship, accept relinquishment requests, accept requests to rescind relinquishment and recommend the acceptance or rejection of Citizenship applications or renunciation petitions to the Tribal Governing Board.

CTZ.2.1.040 Office

The principle office of the Citizenship Committee shall be on the Lac Courte Oreilles Indian Reservation. The official address of the Committee is 13994 W Trepania Road, Hayward, WI 54843.

CTZ.2.1.050 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

CTZ.2.1.060 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the determination of Tribal citizenship subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

CTZ.2.1.070 Severability and Non-Liability

CTZ.2.1.080 Repeal of Inconsistent Tribal Ordinances

Subchapter CTZ.2.2 General Definitions

CTZ.2.2.010 General Definitions

The following terms, wherever used in this ordinance, shall be construed to apply as follows:

(a) "Birth Certificate" means a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth.

(b) "Bureau of Indian Affairs Record" means an official record of the Bureau of Indian Affairs maintained in the holdings of the Agency Office, Regional Office, Central Office or the U.S. National Archives and Records Administration.

(c) "Certified Documentary Evidence" means evidence that is an original or complete reproduction (photocopy) of a document, judgment, or record that is signed and attested to as an accurate and complete reproduction of the original document by a public official in whose custody the original has been placed for safekeeping. These include documents executed under seal including certified copies of public records and ancient documents.

(d) "Citizen" means a member of the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(e) "Citizen Services Department" or "Department" means the citizen services department of the Tribe.

(f) "Citizenship" identifies membership within the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(g) "Citizenship Committee" or "Committee" means the seven member Committee appointed by the Tribal Governing Board pursuant to 4 LCOTCL Subchapter CTZ.1.3 with the powers and authority as conferred upon it by that ordinance including but not limited to the following: review of applications for Tribal citizenship, acceptance of relinquishment requests, acceptance of requests to rescind relinquishment, and recommending the acceptance or rejection of Citizenship applications or renunciation petitions to the Tribal Governing Board.

(h) "Family Tree" means a diagram showing the relationships between people in several generations of a family; a genealogical tree.

(i) "Genealogical Record" means a record or account of the decent of a person or family from an ancestor or ancestors including but not limited to family tree, genetic analysis (DNA Tests), historical and other records.

(j) "Genetic Analysis" means a genetic test also referred to as a DNA Test, which examines the genetic information contained inside a person's cells called DNA, to determine if that person is the offspring or relative of another.

(k) "Historical Record" means a vital or other record including but not limited to the following: death certificate, marriage certificate, divorce record, adoption record, census record, religious record (baptism and confirmation record), court record, military record, cemetery record or newspaper article.

(l) "Immediate Family Member" means the mother, father, brother, sister, daughter, son, grandmother, grandfather, grandchildren, aunt, uncle, and first cousin.

(m) "Meetings" means the meetings of the Citizenship Committee including regular, special, and emergency meetings.

(n) "Obvious Conflict of Interest Situation" means a situation pertaining to a decision involving the citizenship file of an immediate family member of a member of the Committee.

(o) "Renunciation" means an affirmative action pursuant to Subchapter CTZ.1.7 by the Tribe to deprive a citizen (member) of the right to tribal citizenship (membership). "Renunciation of citizenship" means an act or instance of relinquishing, abandoning, or repudiating ones citizenship as a right, title, or interest; also referred to as disenrollment.

(p) "Sworn Affidavit" means a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law.

(q) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(r) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter CTZ.2.3 Citizenship Policy

CTZ.2.3.010 Members

(a) Authority. The authority of the Citizenship Committee is derived from Subchapter CTZ.1.3 of Chapter CTZ.1 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL), which was enacted by Lac Courte Oreilles Tribal Governing Board Resolution No. 04-20 and approved by the Secretary of the Interior on October 13, 2004. The Citizenship Committee serves at the pleasure of the Lac Courte Oreilles Tribal Governing Board.

(b) General Powers. The day-to-day activities of the Committee shall be managed by the members of the Committee. The members of the Committee shall be vested with the authority necessary to effectuate its powers as delegated by the Citizenship Code, Chapter CTZ.1, and as set forth in these By-Laws. The members of the Committee are bound by a code of ethics signed by each member of the Committee.

(c) Membership. The Committee shall be composed of seven members. Each member of the Tribal Governing Board shall appoint one member to the Citizenship Committee. The members of the Citizenship Committee shall serve terms concurrent with the term of the appointing Tribal Governing Board member.

(d) Duties and Powers. The members of the Committee shall in all cases act as a Committee. A member of the Committee must act as directed by a majority vote of the Committee. A member's failure to act as directed by the Committee shall be grounds for removal by a majority vote of the Tribal Governing Board.

(e) Compensation. Members of the Committee shall be paid their actual and reasonable expenses, if any, of attendance at each meeting where a quorum is present at a rate periodically approved by the Tribal Governing Board.

(f) Quorum. Four members of the Committee shall constitute a quorum for the transaction of business in any regular or special meeting. The acts of the majority of members present at a meeting when a quorum is present shall be the act of the Committee. Once a quorum is lost, the meeting shall be considered adjourned.

(g) Voting. The voting of the Committee will be by majority vote with a quorum present. A Committee member shall abstain from, and shall exercise recusal from any Committee decision pertaining to the citizenship file of an immediate member of his or her family. An immediate family member hereby includes the Committee member's mother, father, brother, sister, daughter, son, grandmother, grandfather, grandchildren, aunt, uncle, first cousin, significant other and anyone else in an obvious conflict of interest situation. An obvious conflict of interest situation shall be determined by a majority vote of the Committee. If a Committee member does not abstain or recuse himself or herself from a Committee decision pertaining to the citizenship file of an immediate family member, the Committee can take a majority vote to recuse said Committee member who is in conflict.

(h) Meetings.

(1) Regular Meetings. The monthly regular meeting of the Committee is scheduled for the 2nd Thursday of the each month; however the Committee shall not meet less than once every three months.

(2) Special Meetings. Special meetings of the Committee may be called at the request of the Committee Chairman, by four members of the Committee or by the Tribal Chairman.

(A) Notice of Special Meetings. Notice of any special meeting shall be given at least three days prior, thereto, by written notice delivered personally by certified mail or by e-mail to each member at his or her address for such notice. The order of business to be transacted at any regular or special meeting of the Committee shall be specified in the notice of such meetings.

(3) Emergency Meetings. An emergency meeting may be called at the discretion of the Committee Chairperson, by four members of the committee or by the Tribal Chairman.

(4) Meeting Order of Business. All meetings of the Committee (Regular, Special, and Emergency) are closed. The order of business for all Committee meetings shall be as follows:

(A) Call to order

(B) Roll call

(D) Reading of previous meeting's minutes

(E) Old business

(F) New business

(G) Adjourn

(5) Closed Meeting. All meetings of the Committee (Regular, Special, and Emergency) shall be closed.

(i) Election of Officers. On a biennial basis, the members of the Committee shall elect a Chairperson, Vice-Chairperson, and Secretary in August after the Tribal election and subsequent inauguration. Each officer shall hold office until his or her successor has been duly elected by the Committee, or until removed.

(j) Vacancies and Removals.

(1) Any vacancies on the Citizenship Committee shall be filled within fourteen days by the Tribal Governing Board member who originally appointed the individual whose position is vacant. If the Tribal Governing Board member fails to fill the position within fourteen days, the Tribal Governing Board shall make such appointment by majority vote.

(2) The Citizenship Committee may, by affirmative vote of the majority of its members, recommend to the Tribal Governing Board removal of any member from the Citizenship Committee based upon the following reasons for good cause:

(A) If a Committee member is absent for more than three consecutive regular meetings without a valid excuse;

(B) If a member of the Committee violates a provision of this ordinance;

(C) If a member acts unethically, or fails to abide by the confidentiality requirement pursuant to Section CTZ.2.1.080 of this ordinance; or

(3) The Tribal Governing Board may, upon its own action by a majority vote, remove any member of the Committee for due cause.

(k) Resignation. Any member of the Committee may resign his or her appointment at any time. Such resignation shall be submitted in writing to the Tribal Governing Board. The resignation shall take effect with the appointment of a successor.

CTZ.2.3.020 Officers

(a) Officers of the Citizenship Committee. On a biennial basis at the August meeting following Tribal Elections and the inauguration of the newly elected Tribal Governing Board, the Committee shall elect from the seven members of the Committee the following: a Chairperson, Vice-Chairperson, and Secretary.

(b) Duties of Chairperson.

(1) The Chairperson shall preside at all meetings of the Committee and may also cast his or her vote.

(2) The Chairperson shall enforce the provisions of this ordinance and perform all duties as may be prescribed by the Committee from time to time.

(3) The Chairperson shall provide quarterly as well as annual reports to the Tribal Governing Board.

(4) The Chairperson shall promptly respond to any inquiries from the Tribal Governing Board.

(1) In the absence of the Chairperson, the Vice-Chairperson shall perform the duties of Chairperson, and when so acting, shall have all the powers and responsibilities of the office of the Chairperson.

(2) The Vice-Chairperson shall perform such other duties and have such other power as periodically may be assigned to him or her by the Committee Chairperson, however no such assigned authority shall exceed that of the office of the Chairperson as established in Section CTZ.2.3.020(b), above.

(d) Duties of Secretary.

(1) In the absence of both the Chairperson and the Vice-Chairperson, the Secretary shall perform the duties of the Chairperson, and when so acting, shall have all the powers and responsibilities of the office of the Chairperson.

(2) Additionally the Secretary shall be responsible for the inscription of minutes and records for all duly called meetings as well as maintaining copies of all meeting minutes.

(e) Committee Members.

(1) The Committee members, excluding the Chairperson and Vice-Chairperson shall perform duties as assigned to them by the Chairperson, however no such assigned authority shall exceed that of the office of the Chairperson as established in Section CTZ.2.3.020(b), above.

CTZ.2.3.030 Citizenship Services Department

(a) The Citizenship Services Department shall assist the Citizenship Committee in performing its delegated duties. The Citizenship Services Department must account for all citizenship records at all times. Records can only be viewed during official Citizenship Committee meetings and for official use only. Employees of the Department shall report any unauthorized activity of the Citizenship Committee conducted outside of the Committee's delegated duties or any other violations of this ordinance to the Tribal Governing Board.

(b) It shall be the duty of the Citizenship Services Department to distribute and accept all Citizenship and relinquishment applications as well as petitions for disenrollment. In addition, it shall be the duty of the Department to maintain and protect the official Citizenship records of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Citizenship records shall include all relevant information submitted by an applicant or obtained or created by the Citizenship Services Department, the Citizenship Committee or the Bureau of Indian Affairs.

CTZ.2.3.040 Confidentiality

(a) All Citizenship Committee activity is highly confidential. Committee members and employees of the Citizenship Services Department are to respect the confidentiality of all records, conversations, and other interactions.

(1) Members of the Citizenship Committee shall sign a confidentiality agreement and shall be bound by the terms of such agreement. Violation of this section shall be reported to the Citizenship Committee who shall immediately investigate and issue a written finding to the Tribal Governing Board. Such finding may be the basis for removal from the Citizenship Committee.

(2) Employees of the Citizenship Services Department shall sign a confidentiality agreement and shall be bound by the terms of such agreement. Violation of this article may result in immediate termination or other disciplinary action pursuant to the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Governmental Personnel Policies and Procedures Manual.

CTZ.2.3.050 Amendments

These By-Laws may be recommended for amendment by a majority vote of the entire Citizenship Committee at a regular or special meeting of the Committee. Any recommended changes must be approved by the Tribal Governing Board before becoming effective.

Subchapter CTZ.2.4 Citizenship Procedures

CTZ.2.4.010 General

Each member of the Citizenship Committee shall read, understand, and be able to apply the criteria established for Tribal citizenship, relinquishment requests, requests to rescind relinquishment, and disenrollment petitions. This criteria is set forth in Article II of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and Chapter CTZ.1 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law, which was enacted by Lac Courte Oreilles Tribal Governing Board Resolution No. 04-20 and approved by the Secretary of the Interior on October 13, 2004.

CTZ.2.4.020 Citizenship

(a) The Citizenship Services Department shall assign an identifying number to each Citizenship document received and record the date the document was received.

(b) The Citizenship Committee shall review all Citizenship applications and consider the information provided in the application and all other relevant evidence concerning the applicant's eligibility for citizenship in accordance with Section CTZ.1.6.060. The applicant may submit certified documentary evidence as defined in Section CTZ.2.2.010(c), in support of an application which shall be limited to: birth certificates as defined in Section CTZ.2.2.010(a); genealogical records as defined in Section CTZ.2.2.010(i) and as further explained in Section CTZ.2.2.010(h), Section CTZ.2.2.010(j), and Section CTZ.2.2.010(k); sworn affidavits as defined in Section CTZ.2.2.010(p) from persons having personal knowledge of the facts at issue; and the records of the Bureau of Indian Affairs as defined in Section CTZ.2.2.010(b).

(c) If the Citizenship Committee needs additional information from an applicant, the Committee shall send the applicant or sponsor as applicable, a notice specifying that additional information is necessary to make a recommendation on the application. In doing so, the Committee shall explain that the applicant has six (6) months to provide the requested information otherwise the Committee shall make a recommendation to the Tribal Governing Board to deny membership for lack of a complete application. A sponsor may be the applicant's parents, legal guardian, next of kin, or other persons authorized to file Citizenship documents on behalf of the applicant.

(d) The Citizenship Committee shall make a written recommendation to the Governing Board as to whether an application should be approved or rejected. The Chairperson of the Committee shall be available to answer questions from the Tribal Governing Board regarding any Citizenship application.

(e) Upon a final determination of approval or rejection of a Citizenship application by the Tribal Governing Board pursuant to Section CTZ.1.6.050, the Citizenship Services Department shall mail a written notice by certified mail, postage fully prepaid and return receipt requested, to the address provided by the applicant, or as provided in Tribal files, or at such different address as may have subsequently been provided to the Department in writing.

CTZ.2.4.030 Relinquishment

(a) The Citizenship Committee shall accept all written notices of relinquishment. Relinquishment shall be effective upon the Committee's receipt of such written notice unless the request is a conditional relinquishment pursuant to Section CTZ.1.7.020.

(b) The Citizenship Committee shall document the reasons for the relinquishment and the Chairperson of the Committee shall include relinquishments in his or her quarterly and annual reports to the Tribal Governing Board.

CTZ.2.4.040 Rescission of Relinquishment

(a) The Citizenship Committee shall accept all written notices rescinding relinquishment. Rescission of relinquishment shall be effective upon the Committee's receipt of such written notice and the person shall be granted citizenship with the Tribe provided that such person shall not be eligible for distribution of any claims judgment of any other Tribe, Band or group of Indians pursuant to Section CTZ.1.7.030(b).

(b) The Chairperson of the Committee shall include rescissions of relinquishment in his or her quarterly and annual reports to the Tribal Governing Board.

CTZ.2.4.050 Renunciation of Citizenship

(a) The Citizenship Committee shall accept all petitions for renunciation of citizenship filed by a member or may initiate renunciation proceedings upon its own petition. The Citizenship Committee shall review all renunciation petitions and shall consider the information provided in such petitions and all other relevant information pertaining to the citizen's evidence of eligibility pursuant to Section CTZ.1.6.060.

(b) If the Citizenship Committee initiates a renunciation proceeding, the Committee shall send the tribal citizen a notice specifying the grounds for renunciation as established pursuant to Section CTZ.1.7.090. In doing so, the Committee shall explain that the tribal citizen has six (6) months to provide adequate evidence pursuant to Section CTZ.1.6.060, to rectify the error, mistake or other grounds for renunciation, otherwise the Committee shall make a recommendation to the Tribal Governing Board to approve the renunciation of the citizenship of the tribal citizen pursuant to Section CTZ.1.7.080.

(c) The grounds for renunciation of citizenship as set forth in Section CTZ.1.7.090 shall be strictly adhered to. The grounds include:

(1) The person obtained citizenship rights by error or mistake or by fraud, deceit or misrepresentation;

(2) The person knowingly became a fully recognized member in a Tribe, Band or group of Indians other than the Lac Courte Oreilles Tribe; or

(3) The person is a descendant of a person whom renunciation of citizenship proceedings were previously granted pursuant to Section CTZ.2.4.050(c)(1), above and does not otherwise meet the Citizenship (Membership) criteria of the Tribe.

(d) The petitioner shall have the burden of proof in establishing to the Tribal Governing Board by clear and convincing evidence that the petitioned person does not meet the requirements for tribal citizenship.

(e) The Citizenship Committee shall review renunciation petitions and consider the information provided in such petitions and all other relevant information as defined in Section CTZ.1.6.060. Other relevant information may include certified documentary evidence such as birth certificates as defined in Section CTZ.2.2.010(a); genealogical records as defined in Section CTZ.2.2.010(i) and as further explained in Section CTZ.2.2.010(h), Section CTZ.2.2.010(j), and Section CTZ.2.2.010(k); sworn affidavits as defined in Section CTZ.2.2.010(p) from persons having personal knowledge of the facts at issue; and the records of the Bureau of Indian Affairs as defined in Section CTZ.2.2.010(b).

(f) The Citizenship Committee shall make a written recommendation to the Governing Board as to whether the renunciation petition should be approved or rejected.

CTZ.2.4.060 Accountability

(a) All citizenship records must be accounted for at all times. Records can only be viewed during Citizenship Committee meetings and for official use only.

(b) Citizenship Committee members must respect the confidentiality of all Citizenship matters.

(c) The failure of Citizenship Committee members to comply with this section shall result in a recommendation of removal from the Committee in accordance with Section CTZ.2.3.010(j)(2) of this ordinance.