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Pascua Yaqui Tribe of Arizona
Proposed Constitutional Amendments February 4, 2015
AGENDA
• Introduction of Tribal
Council and Staff
• 3 Proposed Changes
• Survey Results
• BIA Process
• Enrollment Review
• Questions & Comments
THREE IMPORTANT
PROPOSED CHANGES:
1) Enhanced criminal sentencing
authority – “TLOA” Tribal Law and Order Act
2) Allow the Tribe to determine its own
membership without BIA approval.
3) Remove the BIA from our election
process for future constitutional
amendments. Our Tribe should be able to
hold its own election.
SURVEY RESULTS
59%
39%
2%
YES NO NO RESPONSE
267 Surveys
79%
5%
16%
YES NO NO RESPONSE
267 Surveys
70%
31%
87%
52%
51%
79%
25%
21%
6%
21%
24%
14%
5%
48%
6%
27%
26%
7%
Any other changes you feel are important to te Pascua Yaqui Tribe?
Staggered Terms?
Voting directly for Tribal Chairman and Vice-Chairman?
Yes
No
No Response
Changes to membership requirements?
Removal of BIA from the approval process?
Increasing the safety of Tribal Members from Non-Members?
0
30
60
90
120
150
Very Important
Not Important
No Response
Background and history of
Tribal Constitution
Understanding our own
Tribal Constitution and history?
What are the different types
of amendment process?
What other Tribes are doing in Indian
Country in amending their Constitution?
Making changes requires a Secretarial Election-held by the
Department of Interior (BIA) by using one of the two options.
Option 1 - The Tribal Council has selected this option and will
pass a resolution asking the BIA to have a Secretarial Election.
The BIA will then conduct the election and only tribal members
over the age of 18 who register for the election, will be eligible
to vote for the proposed changes.
Option 2 - A tribal member or group of tribal members can collect
signatures on a petition, then submit the signatures to the BIA. If they
get enough signatures, then the BIA will hold an election.
Tribe Presents Resolution
February 25, 2015
Tribe Requests
Secretarial
Election from BIA
BIA Review and Comment Period
BIA Authorizes Secretarial
Election and 90 Day Process
Begins
-BIA Appoints Chairman to the Election Board
(Superintendent)
-PYT Appoints Two (2) Tribal Members to the
Election Board
Election Board
1. BIA Sets date for Secretarial Election
2. BIA Sets deadline for voter registration and process
3. Enrollment provides list of eligible members
4. BIA sends out notice package to eligible members
5. Election Board produces list of eligible registered voters
Pascua Yaqui Tribe
Election to Amend the Pascua Yaqui Tribe Constitution
Official Ballot
PROPOSED AMENDMENT A
Article I, Section 1:
“Consistent with the provisions of this Constitution, the Pascua Yaqui Tribe in exercising its powers of self-government shall not:”
Article I, Section 1, Subsection (g), will be amended to read as follows:
“g. Require excessive bail, impose excessive fines, or inflict cruel and unusual punishment.”
- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -- - - - --- - - - - - - - - - - - - - - - - - - - - - - - -
SHALL THE PROPOSED AMENDMENT A, Article I, Section 1 (g) be amended:
PLEASE MARK ONE:
□ Yes
□ No
SAMPLE BALLOT ONLY
(Facsimile Signature)
Election Board Chairperson
HOW TO UPDATE YOUR ENROLLMENT INFORMATION: 3 WAYS
1) Tribal Members can go to the PYT Enrollment Office complete an
Enrollment Update Form.
Enrollment Office locations:
7474 S. Camino De Oeste Tucson, AZ 85757
9405 S. Avendia Del Yaqui Guadalupe, AZ 85283
2) Telephone Intake: (520) 879-6242 or (480) 768-2042
3) Online form available at the www.PascuaYaqui-nsn.gov
home page.
Completed forms should be mailed to the Tucson Enrollment Office.
CURRENT ORIGINAL BASE ROLL
• Upon Federal Recognition the Tribe established the
Original Base Roll. To have been listed on the Base Roll
one would have to be at least (1/4) one-quarter Yaqui blood,
a US Citizen and have applied between September 18, 1978
to September 18, 1980.
• Corrections to the Base Roll may be made at any time by
the Tribal Council subject to BIA approval; provided that
names of additional persons may not be added.
THERE ARE 5,328 PERSONS LISTED ON THE BASE
ROLL.
ISSUES W/ THE BASE ROLL
• People missed the initial application period of September
18, 1978 to September 18, 1980.
• During the initial application period people were
deceased; and/or never applied and are absent from the
Base Roll and therefore their child(ren) “direct lineal
descendants” not eligible for membership; and
• The Tribe does not have the authority to correct our Base
Roll. Upon Tribal Council approval all requested
corrections made by the Tribe need to be sent to the BIA for
formal approval.
Definition of Correction= Deletions, increases and
decreases in Yaqui blood.
BASE ROLL 9.18.1978 TO 9.18.80
BLACK OUT PERIOD 1980 TO 1989
CURRENT ROLL 9.01.98 TO CURRENT
1994 ACT • OPEN ENROLLMENT
10.14.94 TO 10.14.97
PROPSED COLLATERAL ENROLLMENT • MID 2015
CURRENT ON-GOING MEMBERSHIP ARE
THE CHILDREN OF THE BASE ROLL
• Upon the approval of the Pascua Yaqui Tribe’s
Constitution in January of 1989, ONLY the children “direct
lineal descendants” are eligible; provided that they are at
least (1/4) one-quarter Yaqui blood, a US Citizen and a
child “direct lineal descendant” to the Base Roll.
ISSUES W/ THE ON-GOING MEMBERSHIP – THOSE
WHO DO NOT QUALIFY FOR MEMBERSHIP
• Are applicants born before September 18, 1980, who
missed the initial application period of September 18, 1978
to September 18, 1980; and/ or
• Are applicants born after and who applied after
September 18, 1980, and whose parent(s), grandparent(s) or
great-grandparent(s) never applied for membership and are
absent from the Base Roll; and
• Are applicants who are not children “direct lineal
descendant” of the Base Roll; and/or
• Are applicants that may have a family member such as an
aunt on the Base Roll; however, the current Tribal
Constitution allows ONLY for children of the Base Roll.
There are approximately 1000 applicants who currently do
not qualify due to these issues.
BASE ROLL 9.18.1978 TO 9.18.80
BLACK OUT PERIOD 1980 TO 1989
CURRENT ROLL 9.01.98 TO CURRENT
1994 ACT • OPEN ENROLLMENT
10.14.94 TO 10.14.97
PROPSED COLLATERAL ENROLLMENT • MID 2015
CURRENT 1994 OPEN ENROLLMENT ACT
ONE OF THE PURPOSES FOR THE OPEN ENROLLMENT ACT
WAS TO ALLOW FOR ANOTHER OPEN ENROLLMENT PERIOD.
• To allow those who missed the initial Base Roll
period; and/or
• Were not a child “direct lineal descendant” of a
Base Roll member; and
• Where the application requirements were; US
Citizenship, possess at least (1/4) one-quarter Yaqui
blood; and
• Have applied from October 14, 1994 to October
14, 1997.
APPROX. 8000 APPLICATIONS WERE FILED AND 3500
APPROVED FOR MEMBERSHIP AND ARE LISTED ON THE
CURRENT TRIBAL ROLL.
ISSUES W/ THE 1994 OPEN ENROLLMENT ACT
• Individuals missed the imposed application
deadline of October 14, 1997.
BASE ROLL 9.18.1978 TO 9.18.80
BLACK OUT PERIOD 1980 TO 1989
CURRENT ROLL 9.01.98 TO CURRENT
1994 ACT • OPEN ENROLLMENT
10.14.94 TO 10.14.97
PROPSED COLLATERAL ENROLLMENT • MID 2015
NEW PROPOSED
• The Base Roll and those approved under Open
Enrollment will always be the starting/
reference point; and
• Where an applicant must be at least (1/4) one-
quarter Yaqui blood and a US Citizen; and
• Where an applicant must be a blood direct lineal
and/or a collateral blood relation to the Base and/or
Current Roll.
• NO imposed application deadlines.
• NO BIA approval required for base roll corrections.
• NO BIA approval required for changes to
Membership Ordinance.
• All Yaqui blood relations would be
eligible for membership; so long as the applicant
meets and can prove the above new proposed
membership requirements.
The Membership Ordinance will define the
application process and the documentation
requirements.
BASE ROLL 9.18.1978 TO 9.18.80
BLACK OUT PERIOD 1980 TO 1989
CURRENT ROLL 9.01.98 TO CURRENT
1994 ACT • OPEN ENROLLMENT
10.14.94 TO 10.14.97
PROPSED COLLATERAL ENROLLMENT • MID 2015
Robert Valencia,
Tribal Council Secretary
Office: 520-879-5110
E-mail:
Fred Urbina, Attorney General
Office: 520-883-5119
E-mail:
Oscar Flores, Interim Chief Prosecutor
Office: 520-879-6265
E-mail:
