Friday, August 10, 2018

Cupa News #12

Cupa News #12 by kupa7 on Scribd

22 comments:

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.

Anonymous said...

Okay Mr. Negative but at least I am willing to try and do the right thing for the good of all Tribal Members and the disenrolled.
I haven't seen anyone else willing to step up to the plate.

Anonymous said...

I agree 100% we need to go over the rolls and look at the last 5 years of enrollees to see who and how many people Robert allowed to be enrolled just because they will support him or to get their families support and they don’t meet the requirements. Then re-enroll the disenrolled and reinstate the rights to the 10 members who robert took away their rights to attend meetings,vote, or run for office. Some of those 10 people are political and have the best interest of Pala. Then have an audit done and find out how much money the tribe really has and how much is in accounted for for the past 10 years which might actually lead back further. A professional will know exactly what to look for. Also look into Pala Interactive and see how much Pala money was used, who benefits and have that be tribal owned so we can benefit from it and not just Roberts partners. If tribal money was used then the tribe should benefit. I don’t know about you but I am sick and tired of Robert using Pala as his own piggy bank. Fixing Pala will be a mess and we will need good tribal members to help. Once Robert is out and we have someone honest as chairman we can began to fix Pala and then only then can we heal.

Anonymous said...

Go to October Meeting and make sure you have enough votes to get someone honest on the election committee especially as election committee chairman. That’s how smith keeps himself and nieto in power. The election committee chairmen is always a smith supporter and throws out votes as “throw away votes” which it does state on the ballot they can do if you don’t fill out the ballot correctly or add other markings or words on it. Those ballots the head of the election committee throws out are always for his opponent. We need to decide on one person to run for chairman and have everyone vote for that person. They can throw out a couple votes to make smith and nieto win but they can’t throw out that many of the opposition wins by many votes:

Anonymous said...

It will take everyone to vote in order to get Robert voted out. Remember he has enrolled a lot of non Indians just for there vote. That along with his ballot tampering will make it difficult but not impossible. We just need everyone to get out and vote. And a different and honest way of counting the votes

Anonymous said...

I heard that Goodpasture is blaming his dad for burning down his property on Pala Temecula rd.
I am willing to bet that Jimbo did it him self in order to get dad in trouble because they are having problems and Jimbo is nothing but a low life ass kisser.
He probably burnt it down so he can get a new Tribal house built on the property, just watch and see.
He is just trying to make Kilma's ex happy.
Who ever believes his bullshit should be careful not to get caught up in his bullshit by saying that they saw his father on the property the night of the fire.
I think that Jimbo gave his dads license plate to someone who will say that they saw this vehicle at the fire location on Pala Temecula rd.
Be careful because Jimbo will through you under the bus when he is caught and it won't be his first rodeo either, just check his criminal record.

Anonymous said...

Yes new house the tribe has to pay for because of fire.

Anonymous said...

Hey Jimbo Goodpasture remember that word that you don't believe in, KARMA_ KARMA_ KARMA is a real bitch and now Jimbo Goodpasture it's your turn to receive the affects of KARMA for what your part in the corruption in Pala you piece of "SHIT".

Anonymous said...

Someone just told me that the fire that was set at Goodpastures house was set by Jimbo himself and he blamed his Dad.
Jimbo is nothing but a loser who will use anyone and any thing to get what he wants from anyone, even his own family.
He doesn't care about the his family because he was ADDOPTED by them as an infant and he has no blood to be enrolled in Pala.
Even his 2 daughters that he claims as his are no supposed to be enrolled in Pala because he is not the real father of those girls.
His ex wife already had them before Jimbo was even with her.
His criminal record speaks for it self.

Anonymous said...

We are well aware of the discrepancy in Goodpasture and Cindy Leal enrollment which will be corrected in time.

Anonymous said...

I think that Jimbo Goodpasture and Cindy Leal should be suspended from PBMI until an investigation into their blood line is completed including a DNA test.
They are claiming that they belong, well make them prove it and produce documentation to prove who they say that they are.
Even their Kids are enrolled in Pala which makes matters even worse.
How can the Members in Pala let this go on when Theresa Nieto and Robert Smith disenrolled real Cupa Members from the PBMI with his
using the 1928 applications to justify their actions.
The Pala EC was notified about a DNA test on Cindy Leal proved that she was not a Lavato sometime ago but claim that they lost it.
That's righy she and Mel Lavato took the test and the results were negative that she was related to the Lavatos.
But all the evidence that prove that the Brittens belong on the PBMI roles gets battered to no end.
Fix the Roles and get this shit done as these people are being abused by Smith and Nieto for hate while fake ones are ass kissed by Smith and Nieto.

Anonymous said...

Why did Theresa Villa sign these letters. She should have said absolutely not. She’s the Tribal Secretary not EC’s secretary.

Reinstatement_Restitution said...

Because the Aguayo plaintiffs raised the issue of the two dates for the approval of the Pala Constitution. Resolution 97-36 says the Constitution was approved on 11/12/97, and adopted on 11/19/97. The BIA certification says the date was 11/12/97, but this is incorrect. In an overt attempt to interfere with the Court proceedings in Aguayo v Jewell, the Pala EC requested a correction to the approval date. It is the wrong date but not because there are two dates. It is wrong because the Constitution was never approved or adopted by the General Council. The Pala EC provided the minutes from a Special GC Meeting on 11/19/97. Item 3 says there was a motion to revise the Articles of Association into the Constitution. The motion carried 27-0. Now how does revising the Articles somehow become adopting the revised Constitution? Only in the twisted world of Robert Smith's grab for power.

So that is Smith. He is twisted and corrupt to the core. But how does the BIA read the plain language of the Resolution 97-36 and use the incorrect date? Then how do they make a correction based on these minutes that appear to be falsified? Even if they weren't altered to support the correction there is no evidence that the General Council intended that this vote was for the adoption of the Constitution to supersede the Articles of Association.

That is why the appeal was filed. Add to that the fact that the Court ruled that the statute of limitations had expired on challenges to the approval of the Constitution and you get the situation where disenrollees can get no action on any appeal, while the Pala EC gets whatever they want even after the Court closed the door on the approval date.

Can you say bias? Discrimination? Collusion? How about conspiracy?