Sec. 47-66j. Rules for tribal membership.
Sec. 47-66j. Rules for tribal membership. (a) On or before March 15, 1990, and
annually thereafter, the tribal leader selected in accordance with the method filed under
section 47-66i shall file a copy of the rules for tribal membership and government and
a current membership roll with the Governor. The membership rules may include provisions for revocation of membership. The Governor shall file the rules and membership
roll with the Secretary of the State and the Indian Affairs Council established under
section 47-59b.
(b) A membership dispute shall be resolved in accordance with tribal usage and
practice. Upon request of a party to a dispute, the dispute may be settled by a council.
Each party to the dispute shall appoint a member of the council and the parties shall
jointly appoint one or two additional members provided the number of members of the
council shall be an odd number. If the parties cannot agree on any joint appointment,
the Governor shall appoint such member who shall be a person knowledgeable in Indian
affairs. The decision of the council shall be final on substantive issues but an appeal
may be taken to the Superior Court to determine if membership rules filed in the office
of the Secretary of the State pursuant to this section have been followed. If the court
finds that the dispute was not resolved in accordance with the provisions of the written
description, it shall remand the matter with instructions to reinstitute proceedings, in
accordance with such provisions.
(P.A. 89-368, S. 19.)
Subsec. (b):
Cited. 243 C. 115.
Primary jurisdiction of tribal membership dispute belongs with council. Trial court properly dismissed plaintiff's complaint for lack of subject matter jurisdiction where plaintiff failed to follow the procedures set forth in this section. 82 CA 11.