Friday, August 10, 2018

Cupa News #12

Cupa News #12 by kupa7 on Scribd


Reinstatement_Restitution said...

The Pala EC sent a letter to both Javin Moore, the Superintendent of So-Cal Agency and Amy Dutschke, Pacific Region Director asking the BIA to change the approval date of the Pala Constitution. The first letter was sent in 2014 while Aguayo v Jewell was being decided.

The way it works is that when the disenrollees challenge the approval of the Pala Constitution the BIA and the Court say the Statute of limitations has expired on the approval of the Pala Constitution. When the Pala EC says the approval dare is incorrect, the BIA issues a correction and a recertification outside the statute of limitations.

So how is this equal treatment under the law? It is overt bias against disenrollees and in favor of the EC. If the date was wrong how the original Certification be valid? The original Certification is invalid and should be revoked. So if the Constitution was never property approved until 2018 then every action done under authority of the Constitution is also invalid.

Now there is a corrected Certification based on Resolution 97-36. That resolution is phony. It says the GC voted to adopt the Constitution at a Special GC Meeting on 11/19/97. It also says the Band voted to adopt the Constitution to supersede the Articles of Association. When did the vote happen? 11/22/94 before there was even a revised Constitution.

It is a bait and switch, puretc and simple. Robert Smith told the Band they voting to revise the Articles of Association to strengthen tribal sovereignty and prepare for gaming. Then he went.behind everyone's back and had a Constitution drafted. He submitted this Constitution to the BIA and said the GC voted to adopt the new Constitution.

It never happened. The new Constitution gave the EC authority to enact their own Resolutionspecial and Ordinances without GC approval.

Whour in Pala would have voted for that?

Anonymous said...

This is all true. Robert Smith has done everything and anything he can to continue to hurt the disenrollees, when he knows they are true blood. One day it will all be understood. All someone has to do is read through this blog, there is evidence upon evidence of the Pala EC's lies. Never assume you think you know something just because you overheard it or someone told you. Be smart and research, the disenrollees belong, their ancestor Margarita Britten was a big part of the Kupa people, and she walked to Pala with her daughter and her grand-daughter.

Anonymous said...

I AGREE with the post. Please send the notice of appeal to the BIA.

Reinstatement_Restitution said...

Sorry about the last post and all the errors. I will try harder.

Now let's start carefully examining this matter of the Pala Constitution. After the 1989 Final Decision I believe Robert Smith decided that he had to find a way to prevent the BIA from interfering with tribal membership decisions. The BIA authority came from the Articles of Association so Smith began pushing for amendments to the Articles. There was also the matter of the removal of Patrician Nelson from the Chairman's office, and the GC had power that would thwart his vision of a casino owned and operated by himself. So the idea of a Constitution that gave the EC the authority to enact Ordinances and Resolutions without GC approval and to enact an enrollment ordinance that gave him disenrollment powers was the perfect solution. We now know this was always the plan because it all came true with the help of the BIA.

It was Frances Muncey who recommended that Pala include provision for disenrollment in the Constitution, but I am pretty sure it was Smith putting words in her mouth so no one would point fingers at him.

Smith had no confidence in getting a Constitution passed with these provisions. There were many elders who knew enough about tribal law to oppose giving too much power to the EC. So he told the GC they were going to revise the Articles of Association.

The Pala EC sent a revised version of the Articles to So-Cal Agency and there were recommendations for revision, but it was all a sham. Smith held an election to vote to approve a revised Articles of Association, then sent in his Constitution saying the Band voted to accept it. Bait and switch and no one ever found out.

We do have some evidence to support this theory, but the best proof is that there is a revised Constitution that the BIA approved which the Band never voted for. There is also anot Enrollment Ordinance written by the EC giving them disenrollment powers that the GC never voted on. There is also a casino which is owned and operated by the Pala Gaming Authority, and Robert Smith completely controls the money and the business and the GC never voted for that.

Pretty easy to see what his plan was in hindsight.

Anonymous said...

Smith waited until the last Elder passed away before he went ahead with his plan, and that was John Chutnicut.
John new a lot about the laws and enrollment of the PBMI.
Soon after John died Smith put his agenda into gear knowing that no one would stop him.
All of you that new John Chutnicut know that he would have opposed this action with a real and true fight so Smith knew that John was very sick and could not wait until John died.
John was the last elder that would have fought for his people and he had a lot of influence on members of PBMI.
Mow the other elder is King Freeman who Smith has battered to no end
even keeping King from attending Tribal Meetings and running for any kind of seat on the Tribal government.
All because King told the truth about some members of Smiths family and the truth about the way Smith was bulling the General Membership
by trying to change up certain issues.
He has tried to turn the General Membership against King Freeman and William Pink even taking Pinks per capita at one point.
And not giving Pink his due Christmas bonuses.
So those Elders are no longer to have a voice in any Tribal matters
and the main one to blame is non other than Robert Smith and his EC.
Question??????????? Why are you people just sitting and letting this happen to these people that were truthful and only trying to help all the Members of the PBMI. Don't you care or are you all just to chicken shit to step up to the plate and take swing at Robert Smith.
His is just one little person that has stolen from the Tribe and disenrolled true Tribal Members that belong on the Tribal Rolls.

Anonymous said...

However Smith and Nieto have forgotten one Elder that can and will bring them to their knees as he/she is set to give a deposition to the FBI in less than two weeks.
If his/her deposition is believable it could end their freedom for many years and finally bring justice to the PBMI.
Will keep you updated as info warrants it.

Anonymous said...

I pray that this is true because I can't wait to see justice for the Pala Disenrolled that have done nothing to Smith or to Neito.
She Nieto acts like her shit doesn't stink but she doesn't realize the trash has a odor all of its own, plus that fact that she doesn't even belong on the PBMI rolls.
This would be a day of celebration like no other.
What will they do when a new Chairman is elected and doesn't like them and decides to give them the same thing that they have done to the disenrolled.
How can they prove their blood line that they belong to PBMI.
The same goes for Robert Smith, he can not prove that he has the blood of the band either.
So I guess that her and her kids will be pleading with Morongo to enroll them.
But we all know that Morongo will not enroll them because they have already received money and other things while being enrolled in Pala.
So in reality they will become white people with no proof of Native American blood of the Band kind of like Elizabeth Warren.
Their son will be okay because he married a Lavato, but her Daughter will be out.
May be their relatives in Mexico will give them shelter or food.
She and Smith are the ones that opened this big can of worms and cleared the path for future Chairman to do this.
This would be justice and karma at its finest.

Anonymous said...

I will say this without a doubt, If I were ever to be the Chairman at Pala Reservation I would most certainly make Mr. Smith prove that he has the Blood of the Band to be enrolled in Pala.
And that also goes double for Theresa J. Nieto and Dion Perez.
And by prove I mean documentation from the 1800's until the present.
You know just like the Britten Family has.
The Britten Family has so much documentation that proves that they in fact belong on the rolls of PBMI without any doubt.
But because of the stubbornness of Smith and Nieto they are stuck in limbo until such time that the EC will allow them to show all of their evidence to the General Membership , and at the same time make Robert Smith show what he used to disenroll them.
Straight up the Britten Family would win hands down because all their evidence is all real and lawful according to the Governing documents of the Tribe, either the Articles of Association or the so called Constitution of the Band.
They can never get so much documentation to prove that they belong like the Brittens have.

Anonymous said...

Also if I was to run against Smith for Chairman my first order of business would be to have an Audit done of all financial resources of the Tribe.
Then I would have a special meeting to divert the power back to the General Membership for any and all financial dealings.
Then I would fix the Tribal Rolls and re enroll the disenrolled and make sure that no more disenrollments were done unless there was just cause for it to happen, and only after a meeting in which the General Membership would have to vote on the issue.
Then after an Audit was complete, if there were any findings in which
someone was guilty of any bad doings in any financial dealings the General Membership would have to make a decision at a meeting as to what action it would like to take if any, and then turn the findings over to Law enforcement for there view as to prosecute the ones responsible for any and all negative findings.
And then and only then the Tribe can heal and move forward as a whole Tribe and not a divided Tribe.
People think that if a new Chairman was installed that the Tribe would not be able function, be they are wrong because with the power back in the hands of the people for decision making every thing that
was done would be done through the General membership and not just 5 or 6 people.

Reinstatement_Restitution said...

You are making campaign promises that will be difficult to keep. Review of enrollment is necessary. There are plenty of enrolled members who have been enrolled simply because they will support Robert Smith. It is a simple matter to review recent enrollees and see if the meet the requirement to be descendants of the 1895 and 1913 Pala Allotment Rolls with at least 1/16 Pala Blood degree. Going backward through the rolls and find those who are questionable is a different story. An easier approach would be to simply identify those who abide by tribal law as stipulated in the Articles of Association or those who were willing to support Smith's agenda of corruption by enabling the theft of tribal funds, spying on tribal members, withholding evidence of crimes, and so on. Then it is not about blood degree but about crimes against the people.