Community Council Ordinance - Banishment

The Community Council is considering adopting an ordinance that would provide a process for the banishment of tribal members who commit violent crimes and is seeking input from Community members through the below survey questions. An ordinance is a law enacted by the Community Council to govern conduct on the Reservation. As proposed, this ordinance would allow the Community Council to hold a hearing to determine if tribal members should be banished who have committed a violent felony offense (or three violent offenses, whether misdemeanor or felony). “Banishment” means that a person would be prohibited from:
  • entering or residing on any part of the Reservation
  • ineligible to receive per capita payments
  • ineligible to vote in Community elections
  • ineligible to participate in Community sponsored events
The ordinance would also authorize the Community Council to approve the disenrollment of a person who commits one of the most serious offenses, such as:
  • homicide
  • aggravated assault,
  • kidnapping,
  • violent sexual offense
A person subject to disenrollment would have the opportunity to be present at the Community Council hearing to present evidence and call witnesses. Banishment would not interfere with a person’s jail sentence, and disenrollment would not affect the enrollment status/eligibility of the disenrolled person’s children.