ORDINANCE 5
PURPOSE:
An ordinance to define or clarify the term "resident" as used under Article II (Membership), Section 1(b) of the constitution and bylaws.
WHEREAS,
Article II (Membership) of the band's contitution and bylaws provided that:
"Section 1 - The membership of the Kashia Band of Pomo Indians shall consist of:
(a) All persons of Indian blood whose names appear on the official census rolls of the Band as of April 1, 1935;
(b) All children born to any member of the Band who is a resident of the Rancheria at the time of the birth of said children.
Section 2 - The Community Council shall have the power to promulgate ordinances, subject to review by the Secretary of the Interior, covering future membership and the adoption of new members, when the resources of the Band make such adoptions feasible.", and
WHEREAS,
The band has approved a membership roll, based on the above criteria, bearing an "as of" date of June 2, 1970, and
WHEREAS,
it is the desire of the band to provice any applicant the opportunity to apply for membership under criteria clearly defined for that purpose, and
WHEREAS,
the term "resident" as used under Article II (Membership), Section 1(b), as referenced above, can have many meanings - depending on the interpretation of teh word by those individuals concerned, and
WHEREAS,
the need for a standard interpretation as it applies under the membership criteria of the band is evident and desirable in order to provide an impartial approach to membership.
NOW, THEREFORE, BE IT RESOLVED
that the meaning of the word "resident", as it applies to the membership criteria outlined above, shall include:
(1) A person who establishes and maintains a place of residence within the boundaries of the rancheria either on a full time or part time basis, or
(2) A person who maintains a residence outside the rancheria boundaries and who attends tribal meetings of the band, votes during elections, or who otherwise maintains a close contact with and participates in tribal affairs either through personal contact or correspondence, or
(3) A person who is on active duty with the Armed Forces, or
(4) A person who is enrolled and attending an educational institution outside the boundaries of the rancheria, or
(5) A person who is compelled to leave the rancheria due to illness or other unfortunate circumstances which, in the opinion of the General Council, is beyond the control of the individual, or
(6) A person who lives away from the rancheria for a prolonged period of time but who intends to return upon retirement or for other similar reasons.
