Section 1.
Relinquishments. Any member of the San Juan Southern Paiute Tribe may voluntarily relinquish his or her membership in the Tribe:
(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.
[Legislative History: Enacted by Resolution No. 97-23, 7/16/1997]