Section 1. Relinquishments.

Any member of the San Juan Southern Paiute Tribe may voluntarily relinquish his or her membership in the Tribe.
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(a) All relinquishments must be done in writing and be delivered to the Tribal Council. The member must state that he or she desires to relinquish his or her membership, and the effective date of the desired relinquishment. The relinquishment must be signed by the member seeking relinquishment and the signature must be notarized or witnessed by two persons.
(1) If the member is under the age of 18 years, the relinquishment must be signed by his or her parent or legal guardian rather than by the member, and the signature must also be notarized or witnessed by two persons. Where the relinquishment is signed by a guardian, the person claiming to be guardian must also submit a certified copy of the court order appointing him or her as legal guardian of the minor.
(b) A member seeking relinquishment may specify that they do not wish their relinquishment to become effective until they are accepted into the membership of another tribe. In such case, the Tribal Council will not act on their relinquishment until it receives documentation of the acceptance into the other Tribe’s membership.
(c) The Tribal Council shall review all relinquishments to determine that they comply with the requirements of this enrollment ordinance. If the relinquishment complies with all requirements, the Tribal Council shall pass a resolution instructing the Enrollment Officer to remove the person’s name from the current membership roll, effective on the date specified by the member. If the relinquishment does not comply with all requirements, the person shall be notified of any deficiencies by certified mail, return receipt requested.
(d) All relinquishments must be voluntary, and the member, or parent or guardian (in the case of a minor), must be competent to make such a decision.
(1) If the Tribal Council receives information that the member seeking relinquishment or the parent or guardian of a minor for whom relinquishment is sought, has been subject to undue influence or coercion or is not competent to make such a decision, the Tribal Council shall investigate the information.
(2) If the information indicates that the relinquishment is not voluntary or the person making it was not competent to do so, the Tribal Council shall send a notice to the member (or the member’s parent or guardian in the case of a minor) of its intent not to accept the member’s relinquishment of membership. Included in the notice shall be the date set for a hearing to consider the matter.
(3) Following the hearing, whether the affected member makes an appearance or not, the Tribal Council shall determine if the member’s relinquishment shall be accepted, and it shall document its decision by resolution. The affected member shall be notified of the action taken by certified mail, return receipt requested. If tile affected member’s relinquishment is rejected, the notice shall specifically state the reason for the rejection. Such notice shall also include a copy of Article VI of this enrollment ordinance regarding the right to appeal.
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Section 2. Disenrollment.

Any member of the Tribe who is or becomes a member of any other federally recognized Indian tribe, band or group shall be disenrolled by the Tribal Council.
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(a) Upon receiving information that a tribal member is a member of any other federally recognized Indian tribe, band or group, the Tribal Council shall investigate the information.
(b) If the information appears to be correct, the Tribal Council shall send a notice to the member, by certified mail, return receipt requested, which states its intent to disenroll the member if the member does not produce, within thirty (30) days from receipt of the notice adequate written evidence that they have relinquished their membership in the other tribe, band or group. Also included in the notice shall be the date set for a hearing before the Tribal Council to consider the matter, which date shall be at least thirty (30) days after the date of the notice.
(c) Following the hearing, whether the affected member makes any appearance or not, the Tribal Council shall determine if the member is to be disenrolled, and it shall document its decision by resolution. The affected member shall be notified of the action taken by certified mail, return receipt requested. Such notice shall include a copy of Article VI of this enrollment ordinance regarding the right to appeal.
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Section 3. Reinstatement.
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(a) Any person who relinquishes his or her membership in the Tribe, pursuant to section 1, above, or who has been disenrolled from the Tribe pursuant to section 2 above, shall be reinstated as a member of the Tribe by the Tribal Council if the person meets all of the following requirements:
(1) at least five (5) years have passed since the date of their relinquishment or disenrollment.
      (A) This five (5) year waiting period for reinstatement shall not apply to persons who were under the age of eighteen (18) at the time of their relinquishment or disenrollment.
      (B) This five (5) year waiting period for reinstatement shall not apply to persons whose relinquishment or disenrollment occurred prior to the adoption of the San Juan Southern Paiute Constitution.
(2) provides adequate proof to the Tribal Council that he or she has given up his or her membership in any other federally recognized Indian tribe, band or group; and
(3) applies for reinstatement as a member of the Tribe, in accordance with this enrollment ordinance.
(b) Any person who desires to apply for reinstatement shall submit a written application to the Tribal Council. If the applicant is or was a member of any other federally recognized tribe, band or group, they shall present adequate written evidence that they have relinquished their membership in said tribe, band or group.
(c) The Tribal Council shall review all applications for reinstatement to determine if the person is eligible for reinstatement, and it shall document its decision by resolution. The person shall be notified of the action taken by certified mail, return receipt requested. If the application for reinstatement is rejected, the notice shall state the specific reasons for the rejection. Such notice shall also include a copy of Article VI of this enrollment ordinance regarding the right to appeal.

[Legislative History: Enacted by Resolution No. 97-23, 7/16/1997]

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