The Modoc Nation Citizenship Ordinance

CITIZENSHIP ORDINANCE

 OF THE MODOC NATION

The Modoc Nation Government is the governing body of the Modoc Nation, by the authority of Article IV. Section 4 of the Constitution of the Nation as approved on June 19th, 2010 by the General Council.The Citizenship Committee has formulated an ordinance with the advice and consent of the Chief Executive and the Legislative Council as authorized by Article IV of the Constitution to make rules governing membership and to draft a Citizenship Ordinance setting forth the procedures governing the Nation’s Citizenship.

The following Ordinance governing Citizenship in the Modoc Nation is hereby adopted and shall be effective upon approval by the Chief Executive and Legislative Council of the Modoc Nation.


TABLE OF CONTENTS


SECTION 1. PURPOSE……………………………………….Page 1

SECTION 2. DEFINITIONS…………………………………..Page 2

SECTION 3. CITIZENSHIP IN THE MODOC NATION……Page 2

SECTION 4. CITIZENSHIP ELIGIBILITY; EVIDENCE……Page 3

SECTION 5. NATURALIZATION …………………………..Page 3

SECTION 6. LOSS OF CITIZENSHIP………………………..Page 4

 SECTION 7. CITIZENSHIP PROCEDURE…………………..Page 4

SECTION 8. HEARINGS AND APPEALS………………..….Page 5

SECTION 9. CITIZENSHIP COMMITTEE…………………..Page 7

SECTION 10 EFFECTIVE DATE…………………………….Page 7


SECTION 1. PURPOSE.

The Modoc Nation finds it to be in the best interest of all citizens and potential citizens to clarifytheprocedures and evidence used by the Citizenship Committee for determining citizenship. ThisOrdinance formally establishes a Citizenship Committee and directs that committee, among otherthings, to process applications, hold necessary hearings, and decide to grant or deny such applications according to the standard of proof set for each classification of citizenship by law or ordinance enactedby the Legislative Council and signed into law by the Chief Executive. The Citizenship Committeebears the responsibility for making all citizenship decisions and for assuring compliance with the Constitution and this Ordinance, subject to the Nations Court review as provided herein.


SECTION 2. DEFINITIONS

2.1 APPLICANT. The term “applicant” shall mean a person seeking to become a citizen of the Modoc Nation, and shall include a parent or guardian of a minor or incompetent seeking citizenship. 

2.2 CITIZEN. The term “Citizen” shall mean any living person who is a duly enrolled member of the Modoc Nation.

2.3 CLEAR AND CONVINCING EVIDENCE. Means evidence of such superior weight and credibility that it causes the trier of fact to have a firm belief or conviction that the alleged fact for which the evidence is offered in support is more highly probable to be true than not.

 2.4 COMMITTEE. The term “Committee” shall mean the Citizenship Committee of the Modoc Nation, as established in Section 9 herein.

2.5 COUNCIL. The term “Council” shall mean the Legislative Council of the Modoc Nation.

2.6 ENROLLMENT. means the lawful placement of a person’s name upon the nations roll in accordance with this Ordinance.

2.7 GENDER. The terms “he,” “his,” “him,” and the like shall be deemed to include “she,” “her,” etc.

2.8 MARRIED. The term “married” shall mean being in the state of legal matrimony as recognized by the written laws of the Modoc Nation or State.

2.9 MINOR. means any person who has not reached the age or majority, which is (18) years or older.

2.10 PARENT. The term “parent” shall mean the natural, biological parent or legal parent.

2.11 PREPONDERANCE. The term “preponderance of evidence” shall mean evidence that is superior in weight, importance or strength, and that is more credible and convincing to the mind that the opposing evidence. 

2.11 ROLL. The term “roll” shall mean the list of living citizens from the official roll as of June 19th, 2010 and all subsequent resolutions of council concerning the citizenship or enrollment of Citizens.

SECTION 3. CITIZENSHIP IN THE MODOC NATION

 Citizenship of the Modoc Nation is set forth under Article IV, Section 1(a, b, c) Section 2 and Section 3, (a, b) Section 5 of the Constitution and consists as follows:
Any person, regardless of blood quantum, who can show by a preponderance of evidence that he or she is lineally descended from any person who is now or, if deceased, was Modoc.
Any person who completes a process of naturalization in accordance with Modoc law.
All citizens of the Nation, regardless of the classifications set forth in Section 1 of this article shall enjoy the same rights, privileges and immunities.
No person who is a citizen of another Indian tribe or nation may hold dual citizenship in the Modoc Nation.
Any person who applies for citizenship in the Nation must affirm;
That he or she is not currently a citizen or enrolled member of any other tribe or nation, or upon being granted citizenship, simultaneously give up his or her citizenship or enrollment in any other tribe or nation.
Any citizen of this Nation who is discovered to have retained, enrolled in or obtained citizenship in another tribe or nation shall have his or her citizenship revoked by the Citizenship Committee. Any person whose citizenship has been revoked under this Paragraph may not reapply for citizenship for a period of two years.
Nothing in this Article shall be construed to prohibit any citizen of the Nation from holding citizenship in the United States or any other nation state recognized by the United Nations.

SECTION 4. CITIZENSHIP ELIGIBILITY & EVIDENCE.

 4.1 ELIGIBILITY FOR CITIZENSHIP. Any applicant who meets the criteria contained in Section 1 (a,c), Section 2, Section 3 (a, b), of Article IV of the Nations Constitution shall, upon compliance with this Ordinance , be enrolled as a citizen of the Modoc Nation by the Citizenship Committee approving an application for citizenship. 

4.2 INELIGIBILITY FOR CITIZENSHIP. Any citizen of this Nation who is
discovered to have retained, enrolled in or obtained citizenship in another tribe or nation
shall have his or her citizenship revoked by the Citizenship Committee. Any person whose citizenship has been revoked under this Paragraph may not reapply for citizenship for a period of two years. Any applicant who has relinquished his citizenship in the Modoc Nation may re-apply after a period of one year, however, that if a parent or guardian of a minor relinquished the minor’s citizenship, the minor after reaching the age of majority, may apply for citizenship.

4.3 BURDEN OF PROOF. The burden of proof shall be upon the applicant to
establish every element of his entitlement to citizenship under the Nations Constitution
and this Ordinance, unless otherwise specifically stated herein. Any matter to be proven
under this Ordinance must be proven to the satisfaction of the Citizenship Committee by
a preponderance of evidence.

4.4 EVIDENCE. Any relevant evidence may be considered. Acceptable evidence shall include, but not limited to: Birth certificates, certified copies of birth certificates; baptismal records; 1928, 1950, or 1968 applications for the roll of Indians of California: Modoc rolls: reservation census rolls; Bureau of Indian Affairs allotment or probate records; school records; marriage licenses; records of state Bureaus of Vital Statistics; historical society records; adoption agency records; results from blood tests; welfare certifications; verified statements concerning paternity; and newspapers. 

SECTION 5. NATURALIZATION.
To become a naturalized citizen of the Modoc Nation an individual must complete and pass the following requirements.

5.1 2 Years Active Participation. To become a citizen a person must complete two years of active participation in the Modoc Nation. (Active), meaning attending functions and events of the nation on a regular basis. 

5.2 Complete Study course. A person must complete and pass the written test at the
completion of the course study. “Modoc Legacy a guide to understanding Modoc culture”. 

 5.3 Majority Vote. All individuals must be accepted into the nation by a 2/3 majority vote of the eligible voters of the Modoc Nation.

 5.4 Oath of Allegiance. All individuals shall take an oath before becoming a citizen
of the Modoc Nation.

SECTION 6. LOSS OF CITIZENSHIP.

6.1 GROUNDS FOR REVOKING CITIZENSHIP. All proceedings for revoking
 citizenship shall be pursuant to this section. No persons shall have his citizenship taken
away except on the following grounds.

6.1.1 Fraud or misrepresentation of any evidence, application or data relevant to
citizenship eligibility that is presented in connection with his application; or

6.1.2 No person who is a citizen of another Indian tribe or nation may hold dual citizenship in the Modoc Nation. Any person who applies for citizenship in the Nation must affirm: That he or she is not currently a citizen or enrolled member of any other tribe or nation, or upon being granted citizenship, simultaneously give up his or her citizenship or enrollment in any other tribe or nation. Any citizen of this Nation who is discovered to have retained, enrolled in or obtained citizenship in another Indian tribe or nation shall have his or her citizenship revoked by the Citizenship Committee. Any person whose citizenship has been revoked under subsections, 6.1.1 and 6.1.2 may not reapply for citizenship for a period of two years.

6.1.3 Error; provided that no person on the roll on the effective date of this Ordinance may have their citizenship revoked for error, and provided further, that no person shall loose his citizenship for error if five years have passed since the date of his citizenship; or 

6.1.4 Receipt of a verified request of an adult citizen or guardian of an adult citizen relinquishing citizenship, or receipt of a verified request of the parent or guardian of a minor citizen relinquishing citizenship if accompanied by satisfactory proof that citizenship of the minor is being relinquished to permit the enrollment of another Indian tribe or nation.

6.2 REVOKING CITIZENSHIP. An involuntary revoking of citizenship proceeding may be initiated by the Citizenship Committee. In the case of involuntary revoking of citizenship, the burden of proof shall rest on the Citizenship Committee, and the citizen who is the subject of the proceeding shall be given a written notice, by personal service or by e-mail or postal mail. 

6.3 REMOVAL OF DECEASED. The names of deceased citizens shall be removed from the roll. Information on the deceased shall be maintained in a list of formerly enrolled citizens.

SECTION 7. CITIZENSHIP PROCEDURE.

 7.1 APPICATION FORMS. All citizenship requests shall be performed by submission of a
complete application, on forms approved by the Modoc Nation Government. Forms may be obtained from the Citizenship Committee upon written or oral request. Each complete application shall contain a sworn statement, signed by or for the applicant by the person filling out the application. Accompanying the application shall be a clear photo copy of a certified copy of the birth certificate and photo copies of the other evidence. The family tree form shall be filled out to the best of your ability and attached to the application.


7.2 FILING OF APPLICATION FORMS. Application forms and supporting documents
shall be filed with the Committee at the Nations office in person or by e-mail or postal mail.
Nations staff shall sign all applications forms with the date on which they were received.
The applicant shall notify the Citizenship Committee in writing of any change in address.

7.3 REVIEW OF APPLICATION BY CITIZENSHIP COMMITTEE. The Committee
shall review an application as soon as is reasonably possible. After any relevant notice
periods have expired, and upon review of an application, the Committee may do the following: Approve or Deny the application in writing stating the reason for approval or
denial of the application; Request more information or evidence in support of the application;
 Set the matter for a hearing.

 7.4 DENIAL OF THE APPLICATION. If the Committee decides to deny, the Committee
shall notify the applicant or participant, by personal service, e-mail or postal mail, of its action.
The notice shall advise the applicant or participant (a) of his right to appeal to the Legislative
Council, as provided in this Ordinance, within 30 days of receipt of the notice; and (b) that
the hearing, if any, will establish the factual record for any subsequent action on the
application.


7.5 EFFECTIVE DATE OF CITIZENSHIP. A person enrolled by the Citizenship
Committee, or by operation of this Ordinance, shall be entitled to exercise the Nations
Rights on the date of favorable enrollment action by the Citizenship Committee or by
operation of this Ordinance. A citizen of the Nation shall enjoy the same rights, privileges
and immunities granted to all citizens of the Modoc Nation. A person whose application was
denied shall be permitted to appeal pursuant to Section 8.


SECTION 8. HEARINGS, AND APPEALS.

 8.1 NOTICE. When an applicant or participant requests a hearing by the Legislative
Council, the applicant or participant shall be given written notice of hearing, by personal
 service, e-mail or postal mail, not less than 30 days before the hearing. The notice shall contain the reason for the hearing, describe evidence to be presented, and shall advise the applicant or participant he has the right to be represented by council at his own expense and to present witnesses and other evidence and that the Legislative Council may be represented by council for the Nation.

 8.2 LEGISLATIVE COUNCIL HEARING PROCEDURE. An applicant or participant
wishing a hearing must request in writing within 30 days after being notified of the Committee’s denial of an application. The applicant or participant may present witnesses and other evidence, may be represented by council at his or her own expense. The hearing will be presided over by the Speaker or Deputy Speaker of the Legislative Council. The Legislative Council may be advised by legal counsel at the hearing. Formal rules of evidence need not be followed, but the burden of proof remains on the applicant, except in revoking citizenship proceedings. At the end of the hearing, the Legislative Council may make an immediate decision or take the matter under advisement for up to 30 days before making a decision. The applicant or participant shall be given the final outcome of the Council’s decision by personal service, e-mail or by postal mail.

8.3 REOPENING THE APPLICATION.
An applicant or participant may petition the Citizenship Committee in writing, to reopen an application on the following grounds.

8.3.1 Newly-discovered, substantial, credible evidence that is material to the application, which the applicant or participant could not with reasonable diligence have discovered and given to the Committee, or

8.3.2 A violation of the Constitution and Bylaws or this Ordinance has occurred.

8.4 APPEALS. The decision of the Legislative Council pursuant to Section 8.1, 8.2, 8.3 or
 Otherwise, to approve of deny an application, or deny a petition to reopen, is final, except the
 Nations Court of the Modoc Nation shall have exclusive jurisdiction to hear all appeals of citizenship or revoked citizenship. No jury shall be allowed in such matters.

8.4.1 To the extent necessary for the hearing of appeals under this Ordinance, and
as limited by this Ordinance, the Nation hereby makes a limited waiver of its immunity from
suit in the Modoc Nation Court for the purpose of hearing appeals under this subsection and
issuing judgment as provided herein.

8.4.2 Appeals from revoked citizenship, denials of citizenship shall proceed in the Nations Court pursuant to the sections of Nations law Governing civil actions and civil rules of court except where specifically provided in this Ordinance. No appeal may be brought under this subsection unless it is filed within one year of the final decision of the Legislative Council.

8.4.3 The only grounds for appeal of a decision under this subsection shall be:
 (a) That the Legislative Council of the Citizenship Committee has by its actions violated the Constitution of the Modoc Nation or this Ordinance.
 (b) That the decision of the Legislative Council is unsupported by the facts.

8.4.4 The only remedies which the court may order in matters appealed under this
subsection are injunctive, requiring reopening the application, citizenship, or re-instating
citizenship.

8.4.5 There shall be, in all appeals under this Ordinance a presumption, rebuttable
by the appellant, that the Council has acted properly, consistent with the facts of the case, this Ordinance, and Constitution and Bylaws. Appellants shall have the burden of proving their
case by clear and convincing evidence. The court in ruling on an appeal shall strictly
construe provisions of the Ordinance.

8.4.6 If the Court rules against an appellant in any appeal under this Ordinance,
the appellant shall pay all court costs and the reasonable attorneys fees of the Nation expended in defending against the appeal. If the Court rules for the appellant in any appeal under this Ordinance, each party shall bear his or her own expenses unless there is a finding that the Nation acted in bad faith in revoking citizenship, refusing to grant citizenship. A finding by the court that the Council or Citizenship Committee acted in bad faith under this Ordinance shall permit the Nations Court to order the Nation to pay, to the persons denied due to the bad faith, fees and expenses and any withheld Nations benefits, plus a reasonable rate of interest. 

SECTION 9. CITIZENSHIP COMMITTEE.

 9.1 ESTABLISHMENT. There is hereby established a Citizenship Committee comprising of three (3) adult citizens of the Nation. The Committee shall be appointed by the Chief Executive of the Nation with the advice and consent of the Legislative Counsel, to serve staggered three-year terms. Members may serve more than one consecutive term, subject to removal for cause, as determined by the Chief Executive of the Nation. Committee members shall take an oath of office, administered by the Chief Executive of the Nation. From among its members the Chief Executive shall select a Chairman & Vice Chairman of the Committee.

9.2 POWERS. The Citizenship Committee shall exercise the powers and perform the duties assigned to by this Ordinance, and such other duties assigned to it by the Chief Executive of the Nation. The Committee shall draft, for consideration by the Chief Executive, such regulations and forms as may be necessary fairly to implement this Ordinance.


 9.3 RECORDS. The Citizenship Committee shall maintain and safeguard the Nations roll and the records and files of the Nation relating to Citizenship. A master copy of the roll shall be maintained in a secured area of the Nations offices and shall not be removed from the offices at any time. No change shall be made in the Nations Roll of any member except by the Citizenship Committee Chairperson. Minutes shall be taken of Committee meetings and written record shall be kept of actions taken by the Committee. Transcripts or recordings shall be made of all hearings conducted by or in behalf of the Citizenship Committee, and shall be permanently maintained.


SECTON 10. EFFECTIVE DATE:


 This Ordinance shall be effective from the date of its approval by the Chief Executive of the Modoc Nation and the Legislative Council. This Ordinance may be amended as
provided in Article IV, Section 4 of the Constitution and Bylaws.


Dated on this 9th Day of April, 2011


      Dorothy Carnes                                                              Marjorie Starkey      

Chairperson of the Council of Elders                                Legislative Council

         Merlene Emmons                                                    Gerry Milhorn           
  Legislative Council                                     Special Master, Citizenship Committee


  Chief Greywolf, Jeff Kelley
Chief Executive of the Modoc Nation