Monday, August 27, 2018

Historical Friction Between Old Pala Indians and Warner Ranch Indians

The document below is a piece of history describing friction that exists even up to this day between the multiple groups and one tribe residing at Pala. It's not just Old Pala Luiseno (Band) and Warner Ranch (Agua Caliente) Cupeno (Tribe).  There are also Cahuilla (Band), Yaqui (Band), and Iipai (Band) living at Pala as well.
If you are confused about the difference between a Band and Tribe you are not alone.  The BIA  can't keep it straight either.
An example would be to consider Luiseno.  Luiseno itself is a tribe.  But there are many Bands of this tribe living all over Southern California on multiple reservations.  The Pala Luiseno are a Band of the Greater Luiseno Nation.
The Cupeno are a tribe historically residing at Agua Caliente aka Warner's Hot Springs (Ranch).
The Cupeno as a tribe were forced onto land purchased adjacent to Old Pala's land.

30 comments:

Anonymous said...

Just learned why Robert Smith is lowering per capita. He has been told that because his constitution is not valid until it is approved by election the Brittens are still enrolled and he has to start paying them per capita again.

Anonymous said...

If that is true be prepared to hear it's the disenrollee's fault for the cut. And I would guess he will have to pay everything owed to them since 2011. But in true Robert Smith fashion he will blame them for his own stupidity.

Reinstatement_Restitution said...

Sounds like fake news to me.

Anonymous said...

Yeah me too

Anonymous said...

Well we already got our checks so did any disenrollee’s get their percap?? If not then Fake News!! He lowered percap because construction is always a good reason to siphon money and use it for other things. Plus the millions from the loan they were suppose to use for the hotel is now pocketed. The Brittens are not getting reinstated. Would be nice though if it was true. I don’t think they should have ever been disenrolled or anybody for that reason.

Anonymous said...

No one is disenrolled. Roberts constitution is no good. Robert convinced the BIA to hold off in letting the Brittens back in until January because he would lose the election if the Brittens were brought back in now. there won't be a cut in per cap until january. believe what you want but this really is it. Robert is cut off at the knees. Up to the Brittens now. Vote the stupid piece of crap out. You have the right to vote.

Reinstatement_Restitution said...

King Freeman has filed an appeal regarding the recertification of the Pala Constitution with a corrected approval date. The IBIA has issued a docketing order. You would think the IBIA would dismiss because the claim is moot if the approval of the Constitution has been revoked. Just saying...

Anonymous said...

Yes Donald R@R. Fake News. the constitution is not valid and the pala band is still governed by the Articles of Association. Even the BIA cannot run away from the truth. The BIA is now responsible for the enrollment at Pala. Robert Smith has no say in who is and who is not a member. So if you want to stay on the outside go ahead. If I was a Britten I would be demanding my ballot and vote the son of a bitch out. If you don't get a ballot then the BIA cannot recognize the election. The game has changed.

Anonymous said...

Its almost too bad. If we go back to the Articles of Association the Lugo's can't be disenrolled. They should be and they need to go back to Morongo. At least we will be able to get rid of the Mexpinos living in little Mexico down by the casino. What an embarrassment. People must think they are entering Tijuana when they come on the Rez. But they are Yaqui and it is the appropriate cultural expression on their part. Viva Mexico/Philippine. When you go back to Mexico you will already have strong cultural ties to your fellow Yaqui. Quit trying to be something your are not and that something is Cupeno. You really are an embarrassment to the Cupeno People. Here said. Now go away.

Anonymous said...

@ 12:23 PM, how do you know this and ow can we find out for ourselves?

Reinstatement_Restitution said...

I don't think the BIA is going order a Secretarial Election at Pala for the Pala Constitution. It would be interference in internal tribal affairs and that is why the Bureau said it would not overturn the disenrollments. The Ninth Circuit Court ruled that the Pala Constitution is valid based on the AS-IA's reasonable determination that it was adopted in both a General Election and a General Council Meeting and that the statute of limitations had expired on appeals of the approval of the Constitution. The Court also said that even if the statute of limitations hadn't expired a challenge to the approval of the Constitution would probably fail because PBMI is not an IRA tribe and Bureau approval is not required for non-IRA tribes.

So these hopes that the BIA will declare the Pala Constitution invalid, that the Articles of Association are still controlling law, and that the Regional Director has authority to determine appeals of tribal membership decisions and therefore the disenrollees must be reinstated are overly optimistic.

I believe that BIA is waiting for an internal solution so that the people can determine for themselves what is best for the Band. This is not in keeping with the fiduciary trust obligation owed to the PBMI by the federal government. The BIA set up the PBMI for equitable sharing of reservation land, assets, and revenue, and turned that duty over to Robert Smith without any legal authority. This is why enrollment was based on the allotment rolls. Allottees were enrolled regardless of tribal affiliation to accommodate multiple groups on the same reservation.

Breach of fiduciary trust duty has long been the proper basis for a lawsuit against the BIA, but is the kind of action that would take many years to resolve. That is why other actions, specifically a challenge to the validity of the Pala Constitution have been attempted. There also was a lawsuit against the Pala EC for overstepping their authority in not obtaining General Council approval for disenrollments, and another suit for retaining attorneys without Secretarial approval as required in the Articles of Association.

So far these actions have not resulted in motivating the BIA to action. It should be obvious by now to them that there is a problem, but Robert Smith exerts controlling influence over the Regional Director and Amy Dutschke effectively blocks all efforts to get review of evidence, investigations, financial audits, or enforcement of trust duty obligation.

Anonymous said...

when i get a letter from congress then ill believe what they tell me.. not what this web page claims..these folks have never approached congress, so until then they will keep saying fake news...when will this page finally grow up..its still the same ole same ole going on here, why cant you write meaningful imformation instead of rhetorical crap,why dont you speak on laws instead of hatered...just tell us your pissed off and we will listen..why call people down..its not the smart thing to do ...its not the best message delivered..there were hundreds of disenrollees not just your selves...i feel your concerns ..just wont be coming back here to listen to hatred remarks any more ..this page has been doing this for half a decade now..has it gotten you any where ..???..if you want solutions go to congress adress your cpomplaints with them they are the only ones who can change this tribal sovergnity laws...but legally we all know they have a process as well..get involved with the government learn government polocies ..then illlisten to you talk more grown up like where there wont be peoples names slammed...where anyone off the street will listen too ..they dont listen to hatred ..grow up be more poliotcal correct instead of politically pissed off..just some advice ..learn your origin histories ..who and what we were before the westerners gave your family the first land grant of a indian family..i know more than you know..now!!!moeties think of moeties and where they were living...

Anonymous said...

Hello Chairman Robert Smith of Pala,
After years of research we find that the only thing "WHITE" about
Margarita Britten is her "HAIR".
Is that a reason to disenroll her family members from Pala?
You are such a dumb fuck.

Anonymous said...

If you look at the amount of comments on this web site they by far out number the amount of comments on other tribal dissenrollment sites. So people must be interested in what is being said here

Anonymous said...

We should take all the EC. And the chairman up to Morongos canyon and toss them all in the Lake

Anonymous said...

Here is the answer for everyone that doubts or questions the validity of what is being said here.

"This Constitution shall become effective immediately after its approval by a majority vote of the voters voting in a duly-called elections at which this Constitution is approved by the Bureau
of Indian Affairs."

There never was and election to accept or reject Robert's constitution so we are still under the Articles of Association.

This becomes even more clear by the fact that Robert got the constitution re-certified this year because he knew the first certification in 2000 was not valid. The BIA corrected the certification of the constitution as of March 28, 2018. Now that the constitution is approved by the BIA there has to be approval by an election in order for the constitution to become effective. I doubt if the people will approve roberts constitution because everyone has seen the damage it has done to Pala. We are still governed by the ARticles of Association and no one is disenrolled. Is it really that simple? Yes it is. No election - no constitution. We are once again a General Council Tribe.

Anonymous said...

Lock him up, lock him up, lock him up, lock him up!!!

Anonymous said...

Locking him up makes perfect sense, Robert Smith has extorted million's of dollars from 162 true pbmi tribal member's under the guise of a phoney document. If in fact the Articles of Association still governs the pbmi then the BIA by sitting idle and allowing this theft to take place knowing full well there has been no election to accept & there for enact said constitution then they to should be held liable in a civil action for not exercising their fiduciary trust responsibility to 162 native Americans resulting in the theft of million's.

Anonymous said...

These are the addresses of the BIA officials you need to contact and let them know that you know Robert Smith's constitution is not valid. Do it if you are a tribal member and want Pala back. Do it if you have been disenrolled under Robert Smith's yet to be approved constitution. Do it and let them know that you are prepared to bring court action against them and hold them personally liable if they do not meet their obligations to protect the individual rights of the members of Pala. Say what you think and say what you feel. Let the BIA know what harm and damages they have caused to the membership of Pala. They did this knowingly because they recognize Robert Smith as Pala, not the people.

Southern California Agency
Bureau of Indian Affairs
Javin Moore, Superintendent
1451 Research Park Drive, Suite 100
Riverside, CA 92507

Pacific Regional Office, BIA
Amy Dutschke, Regional Director
2800 Cottage Way
Sacramento, CA 95825

Tara Mac Lean Sweeney, AS-IA
Department of the Interior
1849 C Street, N.W.
MS-4660-MIB
Washington, D.C. 20240

Reinstatement_Restitution said...

Why not petition the IBIA to join King Freeman's appeal as additional appellants? Only PBMI members, no disenrollees because the IBIA will treat it as a membership dispute which they have no jurisdiction. If more members claim they had suffered harm through the BIA decision that circumvents General Council authority it would add more merit to the claims.

Anonymous said...

TO MR. ROBERT SMITH, CHAIRMWN OF PBMI.
IF YOU DO NOT STEP DOWN AS CHAIRMAN OF PBMI WE ARE GOING TO EXPOSE YOU AND YOUR FOLLOWERS TO THE FULLEST RXTENT OF THE PWOWER GIVEN US BY THE U.S.A.
ALL THE BOARDS THAT YOU AND THERESA NIETO SIT ON WILL BE SENT A COPY OF ALL THE CHARGES THAT HAVE BEEN RAISED AGAINST YOU BOTH.
THEY WILL ALSO RECEIVE COPIES OF ALL THE INVESTIGATIONS THAT HAVE TURNED UP UNDISPUTED EVIDENCE OF YOUR CORRUPTION.
YOU BOTH ARE SO GUILTY OF ALL THE CRIMES THAT YOU EMPOSED UPON TRIBAL MEMBERS TO COVER UP YOUR MISDEEDS OF THIEFT OF TRIBAL FUNDS AND THE DISENROLLMENTS OF TRUE PBMI MEMBERS.
ALL NEWS OUTLETS WILL ALSO RECEIVE THE SAME DOCUMENTS AND WILL ASKED TO PUT ALL OF THIS INFORMATION ON THE NEWS CHANNELS ASAP.
SO OF THEM HAVE ALREADY BENN ASKED IF THE WOULD IN FACT AIR THE DOCUMENTS ON THE NEWS AND THEY ARE WILLING TO DO SO UPON VERIFACTION OF THE DOCUMENTS.
ALSO ALL THE MEMBERS OF THE SCHOOL BOARDS WILL RECEIVE COPIES ALSO ALONG WITH THE LOINS CLUB MEMBERS IN PAUMA VALLEY.
YOUR LIES AND CORRUPTION WILL BE EXPOSED TO THE ENTIRE COMMUNITIES IN BOTH SAN DIEGO AND RIVERSIDE COUNTIES.
EVEN THE LOS ANGLES WILL BE ASKED TO PRINT THIS STPRY WITH VERIFIED DOCUMENTUTION OF ALL THE CORRUPTION WITH THE HELP OF THE BIA AND THERE STAFF MEMBERS WHICH HAVE GIVEN YOU THEIR BLESSING TO CONTINUE YOUR CORRUPTION AGAINST TRIBAL MEMBERS.
THIS IS NOT A JOKE, WE ARE JUST FED UP WITH YOUR LIES THAT YOU TELL EVERYONE JUST TO GET WHAT YOU WANT FROM YOUR OWN TRIBE, AND SEE WHAT KIND OF A MAN YOU REALLY ARE.
AND ALSO YOUR PARTNERS NIETO AND THE REGIONAL DIRECTOR OF THE BIA IN SACRAMENTO WILL BE PART OF THE INFORMATION FOUND DURNING THE INVETIGATIONS WILL BE SENT TO ALL THE PEOPLE THATR ARE MENTIONED ABOVE.
YOU HAD LONG ENOUGH TO MAKE THINGS RIGHT BUT HAVE DONE NOTHING TO RESOLVE THE PROBLEMS THAT YOU HAVE CREATED IN PALA SO THIS IS THE FIRST STEP THAT WAS DESIDED ON TO START THE ACTION AGAINST YOU AND NIETO, AND THERE IS PLENTY MORE TO COME AFTER THIS STEP IS STARTED.
YOU WILL NOT BE ABLE TO BUY YOUR WAY OUT OF THE UNDISPUTED EVIDENCE WHICH WE FOUND OUT AND IT IS ALL BEEN VERIFIED AND DOCUMENTED.
YOU AND NIETO STARTED THIS SO YOU BOTH WILL SHARE IN THE SHAME THAT WILL COME UPON YOU BOTH.
BESURE AND WATCH THE NEWS CHANELS REAL SOON.

Anonymous said...

All the news entities in the world can't change Pala. Only the real tribal members of Pala can change Pala back to what it was and should be. The Cahuilla should go back to Morongo and the Yaqui should go back to mexico. They have destroyed our reservation and harmed the real members of Pala. If they don't want to go back to their real homes then they should just go to hell and leave us alone.

Anonymous said...

@ 4:48 AM
Don't forget to expose him about the camp ground Murders , all three of them.
And the ones that witnessed them but are standing up for the little man so they can keep getting the extra side money for keeping quiet.

Anonymous said...

4:48am. Did you just walk out of the bar? Go for it and tell everyone on the blog how it worked out. How about October 3rd for your report back. You can also leave out all the caps. We will be watching all the major news outlets for this news.

Reinstatement_Restitution said...

Robert Smith has paid for advertising in the local media outlets and threatens to cancel if negative news about Pala is published. Don't think the media really cares enough to risk losing advertising revenue.

If the federal agencies, BIA, FBI, DOJ, IRS, and NIGC won't act, and the Court defers to the protection of sovereign immunity, and the Sheriff's Department is getting paid a hefty sum to keep the peace, and the District Attorney accepts contributions in exchange for suppressing prosecution then the evidence will languish as it has been.

Smith can't step down without his successors discovering the extent of his corruption. Also you make the mistakes of assuming that he reads Pala Watch or can read well enough to understand what was posted.

Keep trying though. Enough chipping away at the wall will eventually create a hole.

Anonymous said...

Oh yes and there has been a very big hole discovered in the last week or so.
I wish that I could elaborate on this but it is better to keep it under wraps until the timing is perfect.
I can hardly wait.

Anonymous said...

I think that I will call I.C.E. and have them raid little TJ near the Casino and have them take all the renters down there and deport them.
And let DODO and them work it out between themselves.
More than half of the renters are undocumented anyway.
But that's okay with the EC I guess.

Anonymous said...

Latest news out of Pala Casino is that ALL CASINO DIRECTORS have been terminated. What this means i dont know, but i can only speculate that terminations are used to cut the fat and therefore, it could mean Casino revenues are contine to suffer even after the mass lay offs from last year. Coupled with the rumor that per capita will be cut, this is all very concerning. At a time when the NIGC reports casino revenues in California are soaring, but Pala Casino revenues seem to be faltering, this just doesnt add up to me. If only tribal members had sense to see the writing on the wall...but they keep re-electing that buffoon who doesn't have much business sense. Good job, rezzers!

Anonymous said...

The Tribal Members need to "CUT THE FAT" and get rid of porky pig
and elect a new CHAIRMAN for the entire Reservation.

Anonymous said...

@ 6:44 PM
He should realize it is better to lose the election rather than lose his life.