In 1903 the Agua Caleinte Cupeno were removed from their ancestral tribal home, the Village of Kupa also known as Warner's Hot Springs. The Cupeno were forced onto the Pala Indian Reservation. This is known as the Cupeno Trail of Tears.
On June 1st, 2011 and February 1st, 2012 162 Warner Ranch Evictee Agua Caliente Cupeno were removed from the PBMI Association by the Pala Enrollment Committee. This is our Second Trail of Tears.
what can we do about this? How do we prove that Robert is not enough blood to be a Pala member? Also, are the rumors true about Robert over turning the disenrollments in January or is this just a rumor?
Any speculation about Robert Smith re-enrolling anyone is pure speculation and rumor. Investigate for yourself...call up Theresa Nieto and ask her...then ask yourself if you believe her or Robert.
Robert will never do anything unless forced by court order.
The BIA will not do anything unless forced by court order or at least they need to feel a court order is looming and invevitable.
It is true it appears the law is on the side of the disenrollees. The evidence does point to the Constitution not being valid. If this is the case then Pala is still governed by the Articles of Association. If this is true then the BIA has final authority over the rolls of Pala.
Further, if this is true then the BIA has a fiduciary responsibility to ensure equitable distribution of the assets to those that are entitled to them. The BIA would also have a duty and responsibility to protect the integrity of the rolls and ensure only those entitled to be enrolled are enrolled in the Pala Band.
Some are suggesting that the disenrollees each send their own demand letters to the Pacific Regional Director's office care of Amy Dutschke demanding a full accounting and distribution of the assets the disernollees are entitled to. This is not the first time the BIA has been caught negligent in protecting individual tribal members assets or their rights to them....see Cobell v Salazar
Still, even at that, the BIA does not have to do anything until they are forced by a higher authority.
An appeal is going on right now with the IBIA challenging the validity of the Constitution. Lawsuits may also need to be filed depending on how the BIA handles it.
So it's not a slam dunk. You just can't sit back and do nothing hoping something happens. Each individual will need to do their own investigation, draw their own conclusions, and ultimately submit their own letters and perhaps even file their own lawsuits.
It would be best of everyone stuck together but that is a large part of the problem is that many of the Cupeno are independent thinkers and will not follow anyone or only follow what their own families tell them.
The rest are scared if they speak out they will lose their per cap, get evicted, get fined, or even get disenrolled.
I just reviewed a copy of the Article's of Association, it's there as big as you please, anyone enrolled in another tribe can not gain enrollment in p.b.m i. Nor can their descendants, I think that pretty much covers you Nieto and you too Dion Perez, you really should of thought long and hard as well as studying your own roots before you agreed to do Robert Smith's dirty work. Seems to me you really fucked up
You got that right 3:30 pm they really fucked up because sooner or later the tide will turn even more that it has and Nieto and her clan will be outsiders as far as Pala Band of Mission Indians is concerned. It is really to bad that she (Nieto) did this to her family members and I sincerely hope that her family members know that she is the one responsible for their karma. How does that grab you Theresa J. Nieto or does it even affect you knowing what you have created for your Family members. Its all on you Nieto you big pile of buffalo shit.
The BIA needs to be forced to make the first move to fix the disenrollments in Pala. They can use the government to government rule and force Pala EC to put the disenrolled back on the roles. This is an area in which the General Membership should take control of this issue and demand that it be fixed and the disenrolled be put back where they belong. I feel that if the Tribe can't afford to pay any back pay because of the finances they can make a deal with the disenrolled to maybe give them 1500 to 2000 more per month until such time they can catch up . But that is something that can be talked about when and if the EC and Smith put them back on the Roles. I here that that is one of the biggest issues of the EC putting them back on the Roles, they say they don't have the money to pay them the back pay. I think that the biggest part is to get them back on and make a settlement deal in the process. Or possibly sell off some of the assets and cash in on some of the investments that the Tribe has and see where that leads. Like I said the main issue is to get them back on the Roles.
Who cares about back pay that is not what’s important but being reinstated is. I know that’s what would be fair but I wouldn’t want to hurt the tribe financially just to get what’s owed to me and something I been living without already. Enroll start off new, I would be happy just to be re-enrolled with my tribe and start over. It isn’t about the money that comes second to me. I know we deserve it and that’s whats fair but let the past be the past. Granted paying back a little extra each month with percap is a good idea or quarterly sums until payed back but I wouldn’t want to hurt the rest of the tribe or the family I have still have enrolled just to get something I been living without for 6 years anyway. The one thing I would want back is my same enrollment number. That numbe is my number and I have always had that number.
I agree, but I will also add if tribes like Pechanga raking in over $30,000 a month and Rincon raking in over $20,000 a month, why is Pala losing per-cap? That does not make sense. that money is going somewhere,and with Pala Interactive supposedly doing so well, where is all of that profit? Someone is getting those funds. If all of the money was accounted for, payback would be no big deal, plus raises in per-cap, because those pockets that are currently being lined will no longer even be open.
Robert Smith as well as the B.i.a. owes 162 members of p.b.m.i. every penny he has withheld from you, the B.i.a. is just as guilty as the E.C.. They were well aware of the situation concerning the fake constitution and had the duty to step in and prevent what has happened, they didn't, and the same can be said of a high percentage of pala band members, the "fuck it, it's not happening to me" mentality tab may be coming due for payment, so to 7:49 a.m. and 7:57 a.m. it's not a matter of you not wanting to get what's owed you, and not wanting to hurt others. That could be a moot point, laws have been broken and crimes committed in pala and Sacramento against you, what I'm trying to say is you may not have a choice of when and how much of what is owed you becomes payable if it's anything at all.
Culture, Identity, and Heritage of the Cupeno is important.
Equally important are the assets and income derived from the Land bought specifically for the Cupeno after the removal from Warner's. Our family and ancestors fought for everything they could after losing their homeland.
Robert Smith and the Executive Committee owe every penny they have stolen from the Cupeno. Think about it, Theresa Nieto who is Cahuilla, Robert Smith likely from San Felipe, and Leroy Miranda, mostly Yaqui, stole from the Cupeno.
And now you want those same Cupeno they stole from to just accept it? To just take less than owed? Or to just not take anything at all just so as we can belong to this make believe Pala Band? Speak for yourself...not me.
They do not just owe it to the disenrolleed. They also owe the minor children whose trust funds were stolen. They also owe the Cupeno who have deceased. They owe all our ancestors who were stolen from.
They owe current children today born who should be enrolled but are not.
It is convenient for Robert Smith and the Executive Committee to ask for a deal or plead financial hardship on the Pala Band.
They brought that hardship upon themselves. It is not our problem. It is a problem the Executive Committee will have to face up to. Their personal assets may very well have to be confiscated if the law decides so.
The BIA has no authority to tell a tribe what to do, they can advise, but cannot step in, only Congress and the Supreme Court have the power to intervene. Congress through policy making, and the Supreme Court through analysis and interpretation of federal law, not tribal. BIA cannot do anything, it is not in there power. It is up to the tribal GC and citizenry to fix internal issues. Why give the feds more power over things they have no power to control, stupid.
I can’t speak for everyone but I just want to be reinstated. There would be a lot of happy family’s in pala if they reenrolled. I don’t care about past moneys. The past is the past. If we are going to move forward then we can’t dwell on the past. As long as we are moving in the right direction. Just my opinion
Fuck the Nieto/Lugo's they need to be stripped of everything and booted off the Roles and sent to where they belong, including the cloths on their backs which were bought with Cupeno money. This is a problem created by their own family member, Theresa J. Nieto. Even her family members agree that she is a no good evil little BITCH. As she is being exposed for her lies and corruption against the Members of the Tribe she still has no clue as to what she is going to get for her part in the corruption and hurt to Tribal Members of PBMI. I hope that her Family members realize that she is the one to blame for the outcome of Karma.
WRONG 11:28 a.m. The Articales of Association and the original ordinance #1 completely contradict what you are trying to preach. Do you have these 2 documents? Guess what, I do! Stop trying to wrongly inform people of who can do what in pala, FALSE INFORMATION. And here is the kicker, Robert Smith's revised ordinance #1 tries to take the authority over enrollment away from the B.I.A., problem is, no ordinance can contradict any tribal law, and ROBERTS new ordinance, (the one that granted him his false authority to disenroll) contradicts both the Articals and his fake constitution, so it is my guess that the B.I.A. was probably paid a lot of your declining per capita to act dumb and allow him to do what he wants, but they will have to answer to that soon.
The Pala Band of Mission Indians never was a tribe and the right to determine membership is the right of tribe. The BIA is at fault because they never notified the Cupeno, the San Felipe and the Luiseno that THEY HAVE THE RIGHT TO DETERMINE MEMBERSHIP not that piece of crap Robert Smith and his Cahuilla Lugos.
Hey 7:27 PM why did you have to go and insult Buffalo. Even Buffalo don't crap that bad.
So if I read this right you just want back in the tribe to reclaim your heritage. As you have said it is not about money. Then you would be willing to pass on the percap as long as you get your heritage back. Do I read this right? Yes or no?
. I want the same benefits that all tribal members receive. I am no more or less of a tribal member then anyone else. If all tribal members stop receiving per cap then so will I. If all tribal members are receiving per cap than so will I. Why would what benefits I receive be any different from everyone else?i have the blood to be enrolled and that’s what matters
Also just a FYI. I was enrolled and received no per cap. I was enrolled before the casino. Back when we stood in line for commodity’s. Nowadays these young Indians are born into per cap and never new any different. I remember the struggle that we all went through. I have the blood and should be reinstated
Put us all back on with backpay who gives a crap if other members have to suffer then, did they care when we got disenrolled now Remember my people the tribe is a associatiaton governored by the Articles of association not by that Fat ass “Roberts’s Rules”
your not a TRIBE,your a BAND, pala BAND of mission Indians, pala BAND of mission Indians, pala BAND of mission Indians, Are you getting the picture? Not a TRIBE, not a TRIBE, not a TRIBE. pala BAND of mission Indians, pala BAND of mission Indians, pala BAND of mission Indians, A real TRIBE would never allow the type of big top circus show like the one going on down there in pala
I’m not asking for back pay. I want to be reinstated and move forward into a brighter future for ALL natives. I don’t want to dwell on the past mistakes.
@9:04 I think you are a imposter trying to make dissenrollies sound selfish. tribal members are already suffering. Per cap is all ready going down. So don’t blame reinstatement for problems that already exist
No they do not. The Pala Tribe was formed under an Articles of Association , not an Indian Reorginization Act (IRA) Constitution. The BIA only has intervening authority and power when that right and power is designated in tribal governing documents like the IRA Constitutions did, Pala was never IRA, so they never gave the BIA the authority to intervene. Do not give up that tribal sovereign power and right.
I am saying that the tribal citizens, the enrolled members have to change the situatiin internally. You can not rely on the BIA, because they have no authority. The only other option is to get Congress involved or the Sulreme Court. That is the reality.
@7:34 PM why don't you be an example to us all and give up your per cap first and donate it to the Children's Cancer Fund.
Ask Robert and Theresa to do the same. They don't need access to hundreds of millions of dollars and private jets. Ask them too to give up all their money and per cap for charity.
They don't need the money right It's not important, right? You don't need your per cap either right? You are a proud Pala "Indian" whatever that may be.
Do that @7:34 PM then you can run your mouth. Let's see you and everyone else at Pala give up their Per Cap and only focus on their heritage and culture.
The only problem there 6:16 a.m. is p.b.m.i. would have to build more cultural centers,in addition the the cupa cultural building, there would have to be a luiseno center, a yucky yaki center, a morongo center, A cahuilla center, San Felipe, porta la Cruz, and so on and so on,and with the present supposed financial problem in pala I don't see that happening. Plus most BAND members have no clue what heritage and culture they need to focus on, right Dion, the last time I talked to him he was trying to find record of his family in Warner's, hahaha, your looking in the wrong place Dion, try the 1885 - 1940 morongo census roll dumb shit. I happen to have a copy for you if needed, hahaha!!!
What is hard to understand is why are the EC members waiting so long to re-enroll, all that is doing is putting more of a financial burden on the Band. Every month that passes just adds more back pay that is owed to the Disenrolled Members of PBMI. If they are that stupid they should not be sitting on the EC anyway. So the Band pays Dion and Shelia almost five thousand dollars a month to sit on the EC as EC members. Who made the pay scale for the elected seats on the EC and why does Robert get an outrageous $ 200,000 per year for being the Chairman and Nieto gets almost $ 150,000 a year for job as treasure. This is all bullshit and just another area in which the GC gave the EC the power to do these types of things. That's a lot of money paid to outsiders to run the Tribe for you.
I only remember voting on the EC pay scale once around 2005 or 06 I believe and it was $40,000 for council and $60,000 for chairman. Then again rob has given himself full authority so he can raise salaries and approve bonuses. The EC gets a nice Xmas bonus every year on top of the cut back one we get because he says the casino isn’t doing well. Then maybe someone should bring up a motion to discuss EC salaries and if they are justified in receiving that amount and maybe cutting back and on their bonuses since as they say the tribe isn’t doing well financially. The EC is way overpaying themselves. They should not be making anything over $100,000. Or receive bonuses unless profits are up and the members should get the bonuses before the EC.
Very true 8:48 pm, I can confirm that Rob gets $200,000 per year for being the Chairman and also Theresa Nietos pay of approximately $150,000 per year and also the Tribe pays into their 401 K for them. I don't remember the exact amount for the 401 K but you can look it up on line. 401K for Pala Band of Missions. Which also name Theresa Nieto as the Administrator for that account.
Why would the EC get 401k when it is a voted in position?? There in theory could be a new EC member every 2 years. So they would get 2 years of 401k. That could be their exit strategy...they put a bunch of the tribes money in their 401k and then when they are off the EC they collect payments from all that money or cash it out and say it’s their retirement money so nobody questions it after that. Nieto could have set it up so the next treasurer can’t see how much each person has in their 401k or how they are using it. Rob and nieto probably have millions in their 401k. One question...are the 401k’s set up by an outside company or a company Pala or Nieto set up to manage the tribes 401k’s and they are in charge of it???????
Here is another issue that the BIA allowed Robfart to get away with. Procedurally he should have taken an action to lower the blood degree of any person and then they would be entitled to appeal that decision. Not and only not until that appeal period is exhausted could Robshit proceed with disenrollment. Of course this did not happen. Why are we here? To educate the people and let them know what rights they really have and not what Robturd tells them. Read, ask, listen. Don't be stupid anymore.
§ 62.4 Who may appeal. (a) A person who is the subject of an adverse enrollment action may file or have filed on his/her behalf an appeal. An adverse enrollment action is: (1) The rejection of an application for enrollment by a Bureau official incident to the preparation of a roll for Secretarial approval; (2) The removal of a name from a tribal roll by a Bureau official incident to review of the roll for Secretarial approval; (3) The rejection of an application for enrollment or the disenrollment of a tribal member by a tribal committee when the tribal governing document provides for an appeal of the action to the Secretary; (4) The change in degree of Indian blood by a tribal committee which affects a tribal member when the tribal governing document provides for an appeal of the action to the Secretary; (5) The change in degree of Indian blood by a Bureau official which affects an individual; and (6) The certification of degree of Indian blood by a Bureau official which affects an individual. (b) A tribal committee may file an appeal as provided for in § 61.11 of this chapter. (c) A sponsor may file an appeal on behalf of another person who is subject to an adverse enrollment action.
7:31 Once the money leaves the casino only the tribe has jurisdiction over those funds. Strange quirk in the IGRA. So if I steal a million dollars from the casino and move it out of the casino without getting caught it is no longer under the jurisdiction of the Gaming Commission. Pala has a rule that if you steal less than $50,000 per day Pala will not prosecute you. That is how the gangs operate because they keep it below $50,000 and pay Robert his share. Since the tribe has given the EC complete control over the casino revenues then there is no crime committed UNTIL THE GENERAL COUNCIL MAKES IT CRIME.
AS-IA Washburn ruled against application of 25 CFR Part 62 in the disenrollments. Attorney for the Howard Appellants raised the issue, and the Pala Band stated that part 62 only applies to tribes whose enrollment is controlled by the BIA. Washburn ruled that part 62 applies when there is a right to a Secretarial appeal. It is a legal technicality that the AS-IA used to prevent proper application of the regulations. There is definitely a right to Secretarial appeal embodied in the Pala Ordinance No. 1 revised in 2009. The Ordinance clearly states that anyone whose application for enrollment is denied may appeal to the Regional Director within 30 days. The Regional Director is limited to a recommendation on appeal. Regional Director decisions are subject to appeal under 25 CFR Part 2, which is why the AS-IA issued a decision in the first place.
This stuff happens all the time. The Aguayo appellants did not raise violation of part 62 as a cause of action so the Court did not exercise jurisdiction under part 62. The Supreme Court denied certiorari and now the decision is final. That is how it works. The DOI Solicitors argue these complaints all the time and know how to direct Appellants to pursue causes of action that they are well prepared to defend. Also these solicitors know that even though it is an abuse of discretion to fail to follow agency procedures, those procedures are not binding law and the Court usually defers to agency discretion in the application of its own procedures.
Gee RR what is your real name? Super Downer. According to you there is no hope at all for anything. Why don't we just shut down everything and let Robert and company have everything.
209.21 Can the federal government enforce tribal compliance with an approved revenue allocation plan? Yes. The NIGC may take enforcement action to ensure compliance with the terms of a wrap if it has reason to believe a violation has occurred.
The tribe's revenue allocation plan allows 60% for per capita payments, 10% Tribal Administration, 15% Economic Development and 15% Social Welfare. What this means is that the EC has borrowed against their economic development slush fund and have exceeded their allowance of 15%. Now they want to take it out of per capita because they have mismanaged the funds. You will now be paying back the loans etc. for economic development mismanagement. The EC cannot change your per capita unless it reduces expenditures in all categories of the revenue allocation plan. If they take away $50 million from per capita they have to take $15 million from economic development, $15 million from social welfare and $10 million from tribal administration. If they do not do this they are in violation of the Revenue Allocation Plan. The EC will come to the GC and try to make the people feel guilty in hopes the GC will accept the decrease in per capita. Even this is not legal unless the decreases affect all categories of the Revenue Allocation Plan. If they do not decrease in all categories then any tribal member can file a complaint with the NIGC.
The hope that some federal agency will step in is misplaced and will likely be disappointed. Maybe you think that all avenues have yet to be explored. I personally wrote a letter to the NIGC citing the IGRA regulations that says elected tribal officers are barred from participating in the management or operations of tribal gaming enterprises. I also wrote the Governor citing the violations of the Revenue Distribution agreement and sent a similar complaint to the BIA. There was no action on any of these complaints.
Maybe it is a downer to see all the effort expended with zero results. It simply points to the truth that sovereignty means non-interference by the federal government and that the solution must come from within the Band.
Just so you know, there have been appeals filed with the BIA over the disenrollments, the name change and the illegal change to Margarita Britten's blood degree. The aforementioned complaints to the NIGC, the California Gambling Control Commission, a lawsuit claiming the Pala EC overstepped it's authority, a lawsuit claiming the Pala EC retained attorneys without GC approval, a lawsuit over the disenrollments, several complaints over the missing minor's trust funds, interviews with local media, a Special GC meeting to suspend the Pala ECand the withdrawal of the ACTCI from the PBMI.
I have been involved in all these actions so I know the facts. Maybe you have another or a better idea. Good luck and all the best. My experience says expect no help from outside agencies, law enforcement, or the Court.
The reason the BIA will not do anything is because they have no authority over enrollment. The only authority is on appeal, but that was changed in the new Constitution. So, if somebody tries to get enrolled, they are denied, they file appeal, the BIA makes a recomme dation, the tribe can still choose what to do. Also, in the new enrkllme t ordinance, once an appeal is made, that is the final decision for life.
Hey 2:58 For life right. Just like Robert respected the decision of the General Council in 1983 that Margarita Britten was 4/4ths CUPENO you stupid Mexican. Just like Robert respected the decision of the BIA in 1994-5 and 1989 twice that Margarita Britten was 4/4ths CUPENO you stupid Cahuilla. Those decisions were for life. Yes for life. For Roberts life which is very close to ending. Once he is gone you better run and hide. Once he is gone and he will be gone soon, his constitution means that the Lugos and the Lavatos are out since they are not CUPENO stupid. Hitler tried to get rid of the Jews. How successful was that stupid. We are here to stay and if it takes generations we will take our reservation back. So enjoy your short lived per cap from our land. It will be ending. What will you have? A new truck. You definitely will not have any CUPENO blood. Die Robert so I can piss on your grave like you pissed in the casino.
Hey 2:58 a.m. I'm assuming that "new eenrkllme t ordnance" is reference to the new ordinance #1, crap I guess spelling is hard at 2 minutes before 3 in the morning, but I'll leave that one alone for now. Before you try to talk out of the end of your crack/meth pipe you should review the documents you try to reference. Please explain how Robert's new ordinance #1 can contradict the requirements for enrollment not only in the Articales but also his phoney constitution? The real document (Articales) and his fake document (constitution) both state 1913 allotment roll and 1/16th degree blood of the band. Robert and his little bitches Teresa and Dion claimed the Brittians withheld information on their enrollment applications, the info withheld was the 1928 California Indian Judgment Roll documentation. Nowhere in the Articales of Association nor his fake constitution are the 1928 CIJR documents cited as a requirement for enrollment, to the contrary, using those documents blatantly contradicts the requirements for enrollment, and no ordinance can contradict a bands governing document. The B.I.A. itself informed Robert that the 1928 CIJR applications can not be used to determine membership. So tell me why only the Brittian descendants are being signaled out for having to use any other document other than the 1913 pala allotment roll? If Teresa Nieto and Dion Perez were held to the same 1928 CIJR applications they would of already been back in Morongo and Cahuilla as well as a lot of other pala imposters running around stealing cupeno assets. So 2:58a.m., when you wake up later this afternoon please explain the logic if your earlier post, I can't wait
From what I understand the Articles of Association enrollment, as far as the BIA is concerned, allows for BIA discretion only on a denial of enrollment and appeal. The Pala Band of Mission Indians never agreed to the Indian Reorganization Act (IRA), that is why the original governing document was created in 1961 and is not a Constitution. That being said, during the IRA Constitution days in the 1930s the BIA would wrongfully put authorization statements in governing documents that gave them authority and power over tribal enrollments and the ratification of tribal Constitutions. Many tribes have been allowed to change those wrongful enforcement's and authorizations. I am assuming, since I was not alive, that in the 1960s the tribe or whoever drafted the enrollment ordinance and the ratification to alter the governing documents and the BIA's authorization to interceded only on appeal may have been influenced by the BIA. Current federal law requires that the federal government and its agencies remain out of tribal membership issues because determining tribal membership is a protected inherent right that ALL TRIBES have, unless the tribe has authorized that power to the BIA in its specific governing document, which PALA has not even in the Articles of Association. That been said, since Pala is not an IRA tribally organized tribe, federal law does not apply to Pala in terms of BIA rules and oversights when drafting new Constitutions/governing documents and enrollment. In other words, the IRA requirements of the federal code that requires specific numbers of people to ratify and or change/alter governing documents and enrollment are not applicable to Pala. Moreover, the BIA has no authority over enrollment, except on appeals in the Articles of Association and on advisement in the new enrollment ordinance within the new Constitution, nor can the BIA force 1/3 of majority voters to vote on changing or ratifying the governing documents of the tribe. I know this sounds like I am hating on your guy's position, but I am not, I am simply stating the law and how it applies to this particular situation. No judge will be able to change what happened, and if they do rule that, the appeal process can ask for the higher appeals court to look at the case, if there is a different opinion between the two, or if the higher court overturns the lower court, then the appeals go to the Supreme Court, which I doubt will happen. Your best bet is to appeal to Congress as they have "plenary power" over all tribal affairs in the United States. But, that would require a new law or adding and attacking current laws, which would require Congress to interfere in tribal government operations, which historically has been an inherent right afforded to tribes. The only true path towards change needs to start internally within the General Council and the power of the vote, that is how tribal politics are in America, and reform to that system means drastic changes in federal law, which are hard to do.
By the way, new ordinances can contradict and superseded old laws because that is the whole point of creating new laws, think about the US Constitution and how the US changes its governing documents. The outlawing of slavery, the outlawing of segregation, and so forth and so on, those are changes to governing documents, they are called Amendments.
9:47 PM - First you need to read the Articles of Association before you cite them. Second you need to understand what you are reading. Yes tribes enjoy the right of sovereignty but the Pala Band was never a tribe and still isn't at least legally. That is why the Articles of Association DUH!!! Santa Clara Pueblo v. Martinez affirms the right of tribe to self-governance and the right to determine its own membership. Again Pala Band is not a tribe. Double DUH!!! The Articles of Association and Ordinance No. 1 specifically give the Commissioner of Indian Affairs the right to determine the membership of the Pala Band but not the membership of the tribes of Pala. Triple DUH!!! Next time you decide to read tribal documents while you are under your rock, turn on the light.
Yes, new laws can replace old laws if the the new laws are in compliance with the Constitution. Enrollment Ordinance No.1, revised 2009, does not comply with the Pala Constitution because it allows other documents beside the 1913 and 1895 Allotment Rolls to be used in making enrollment decisions. Amendments and Ordinances are entirely different. An Ordinance is additional law to supplement the Constitution where there is a need for to expand the law or define a situation that is not addressed in the Constitution. Such Ordinances must comply with the Constitution or they are unconstitutional and illegal. Amendments are changes to the Constitution to update it or to strengthen the law when a weakness is identified. Amendments are always Constitutional and always require a super majority to become law.
49 comments:
what can we do about this? How do we prove that Robert is not enough blood to be a Pala member? Also, are the rumors true about Robert over turning the disenrollments in January or is this just a rumor?
Well if that’s true then the disenrolled can expect a letter in December.
But where did this come from? Does anyone know if it is legit because I truly doubt it.
Any speculation about Robert Smith re-enrolling anyone is pure speculation and rumor. Investigate for yourself...call up Theresa Nieto and ask her...then ask yourself if you believe her or Robert.
Robert will never do anything unless forced by court order.
The BIA will not do anything unless forced by court order or at least they need to feel a court order is looming and invevitable.
It is true it appears the law is on the side of the disenrollees. The evidence does point to the Constitution not being valid. If this is the case then Pala is still governed by the Articles of Association. If this is true then the BIA has final authority over the rolls of Pala.
Further, if this is true then the BIA has a fiduciary responsibility to ensure equitable distribution of the assets to those that are entitled to them. The BIA would also have a duty and responsibility to protect the integrity of the rolls and ensure only those entitled to be enrolled are enrolled in the Pala Band.
Some are suggesting that the disenrollees each send their own demand letters to the Pacific Regional Director's office care of Amy Dutschke demanding a full accounting and distribution of the assets the disernollees are entitled to. This is not the first time the BIA has been caught negligent in protecting individual tribal members assets or their rights to them....see Cobell v Salazar
Still, even at that, the BIA does not have to do anything until they are forced by a higher authority.
An appeal is going on right now with the IBIA challenging the validity of the Constitution. Lawsuits may also need to be filed depending on how the BIA handles it.
So it's not a slam dunk. You just can't sit back and do nothing hoping something happens. Each individual will need to do their own investigation, draw their own conclusions, and ultimately submit their own letters and perhaps even file their own lawsuits.
It would be best of everyone stuck together but that is a large part of the problem is that many of the Cupeno are independent thinkers and will not follow anyone or only follow what their own families tell them.
The rest are scared if they speak out they will lose their per cap, get evicted, get fined, or even get disenrolled.
I just reviewed a copy of the Article's of Association, it's there as big as you please, anyone enrolled in another tribe can not gain enrollment in p.b.m i. Nor can their descendants, I think that pretty much covers you Nieto and you too Dion Perez, you really should of thought long and hard as well as studying your own roots before you agreed to do Robert Smith's dirty work. Seems to me you really fucked up
You got that right 3:30 pm they really fucked up because sooner or later the tide will turn even more that it has and Nieto and her clan will be outsiders as far as Pala Band of Mission Indians is concerned.
It is really to bad that she (Nieto) did this to her family members and I sincerely hope that her family members know that she is the one responsible for their karma.
How does that grab you Theresa J. Nieto or does it even affect you knowing what you have created for your Family members.
Its all on you Nieto you big pile of buffalo shit.
The BIA needs to be forced to make the first move to fix the disenrollments in Pala.
They can use the government to government rule and force Pala EC to put the disenrolled back on the roles.
This is an area in which the General Membership should take control of this issue and demand that it be fixed and the disenrolled be put back where they belong.
I feel that if the Tribe can't afford to pay any back pay because of the finances they can make a deal with the disenrolled to maybe give them 1500 to 2000 more per month until such time they can catch up .
But that is something that can be talked about when and if the EC and Smith put them back on the Roles.
I here that that is one of the biggest issues of the EC putting them back on the Roles, they say they don't have the money to pay them the back pay.
I think that the biggest part is to get them back on and make a settlement deal in the process.
Or possibly sell off some of the assets and cash in on some of the investments that the Tribe has and see where that leads.
Like I said the main issue is to get them back on the Roles.
Who cares about back pay that is not what’s important but being reinstated is. I know that’s what would be fair but I wouldn’t want to hurt the tribe financially just to get what’s owed to me and something I been living without already. Enroll start off new, I would be happy just to be re-enrolled with my tribe and start over. It isn’t about the money that comes second to me. I know we deserve it and that’s whats fair but let the past be the past. Granted paying back a little extra each month with percap is a good idea or quarterly sums until payed back but I wouldn’t want to hurt the rest of the tribe or the family I have still have enrolled just to get something I been living without for 6 years anyway. The one thing I would want back is my same enrollment number. That numbe is my number and I have always had that number.
Agreed, backpay is not important if it will hurt others or take away from them. And yes same enrollment number is important.
I agree, but I will also add if tribes like Pechanga raking in over $30,000 a month and Rincon raking in over $20,000 a month, why is Pala losing per-cap? That does not make sense. that money is going somewhere,and with Pala Interactive supposedly doing so well, where is all of that profit? Someone is getting those funds. If all of the money was accounted for, payback would be no big deal, plus raises in per-cap, because those pockets that are currently being lined will no longer even be open.
Robert Smith as well as the B.i.a. owes 162 members of p.b.m.i. every penny he has withheld from you, the B.i.a. is just as guilty as the E.C.. They were well aware of the situation concerning the fake constitution and had the duty to step in and prevent what has happened, they didn't, and the same can be said of a high percentage of pala band members, the "fuck it, it's not happening to me" mentality tab may be coming due for payment, so to 7:49 a.m. and 7:57 a.m. it's not a matter of you not wanting to get what's owed you, and not wanting to hurt others. That could be a moot point, laws have been broken and crimes committed in pala and Sacramento against you, what I'm trying to say is you may not have a choice of when and how much of what is owed you becomes payable if it's anything at all.
Culture, Identity, and Heritage of the Cupeno is important.
Equally important are the assets and income derived from the Land bought specifically for the Cupeno after the removal from Warner's. Our family and ancestors fought for everything they could after losing their homeland.
Robert Smith and the Executive Committee owe every penny they have stolen from the Cupeno. Think about it, Theresa Nieto who is Cahuilla, Robert Smith likely from San Felipe, and Leroy Miranda, mostly Yaqui, stole from the Cupeno.
And now you want those same Cupeno they stole from to just accept it? To just take less than owed? Or to just not take anything at all just so as we can belong to this make believe Pala Band? Speak for yourself...not me.
They do not just owe it to the disenrolleed. They also owe the minor children whose trust funds were stolen. They also owe the Cupeno who have deceased. They owe all our ancestors who were stolen from.
They owe current children today born who should be enrolled but are not.
It is convenient for Robert Smith and the Executive Committee to ask for a deal or plead financial hardship on the Pala Band.
They brought that hardship upon themselves. It is not our problem. It is a problem the Executive Committee will have to face up to. Their personal assets may very well have to be confiscated if the law decides so.
The BIA has no authority to tell a tribe what to do, they can advise, but cannot step in, only Congress and the Supreme Court have the power to intervene. Congress through policy making, and the Supreme Court through analysis and interpretation of federal law, not tribal. BIA cannot do anything, it is not in there power. It is up to the tribal GC and citizenry to fix internal issues. Why give the feds more power over things they have no power to control, stupid.
We are governed under the articles of association. So the BIA does have say
I can’t speak for everyone but I just want to be reinstated. There would be a lot of happy family’s in pala if they reenrolled. I don’t care about past moneys. The past is the past. If we are going to move forward then we can’t dwell on the past. As long as we are moving in the right direction. Just my opinion
@11:28 so you would rather 5 EC members have all the control? I hope the EC doesn’t someday have a vendetta against your family.
Don’t scare the Lugo’s they’ll just fight harder against the Brittian’s and the whole tribe loses.
Fuck the Nieto/Lugo's they need to be stripped of everything and booted off the Roles and sent to where they belong, including the cloths on their backs which were bought with Cupeno money.
This is a problem created by their own family member, Theresa J. Nieto.
Even her family members agree that she is a no good evil little BITCH.
As she is being exposed for her lies and corruption against the Members of the Tribe she still has no clue as to what she is going to get for her part in the corruption and hurt to Tribal Members of PBMI.
I hope that her Family members realize that she is the one to blame for the outcome of Karma.
WRONG 11:28 a.m. The Articales of Association and the original ordinance #1 completely contradict what you are trying to preach. Do you have these 2 documents? Guess what, I do! Stop trying to wrongly inform people of who can do what in pala, FALSE INFORMATION. And here is the kicker, Robert Smith's revised ordinance #1 tries to take the authority over enrollment away from the B.I.A., problem is, no ordinance can contradict any tribal law, and ROBERTS new ordinance, (the one that granted him his false authority to disenroll) contradicts both the Articals and his fake constitution, so it is my guess that the B.I.A. was probably paid a lot of your declining per capita to act dumb and allow him to do what he wants, but they will have to answer to that soon.
The Pala Band of Mission Indians never was a tribe and the right to determine membership is the right of tribe. The BIA is at fault because they never notified the Cupeno, the San Felipe and the Luiseno that THEY HAVE THE RIGHT TO DETERMINE MEMBERSHIP not that piece of crap Robert Smith and his Cahuilla Lugos.
Hey 7:27 PM why did you have to go and insult Buffalo. Even Buffalo don't crap that bad.
So if I read this right you just want back in the tribe to reclaim your heritage. As you have said it is not about money. Then you would be willing to pass on the percap as long as you get your heritage back. Do I read this right? Yes or no?
. I want the same benefits that all tribal members receive. I am no more or less of a tribal member then anyone else. If all tribal members stop receiving per cap then so will I. If all tribal members are receiving per cap than so will I. Why would what benefits I receive be any different from everyone else?i have the blood to be enrolled and that’s what matters
Also just a FYI. I was enrolled and received no per cap. I was enrolled before the casino. Back when we stood in line for commodity’s. Nowadays these young Indians are born into per cap and never new any different. I remember the struggle that we all went through. I have the blood and should be reinstated
Put us all back on with backpay who gives a crap if other members have to suffer then, did they care when we got disenrolled now Remember my people the tribe is a associatiaton governored by the Articles of association not by that Fat ass “Roberts’s Rules”
your not a TRIBE,your a BAND, pala BAND of mission Indians, pala BAND of mission Indians, pala BAND of mission Indians, Are you getting the picture? Not a TRIBE, not a TRIBE, not a TRIBE. pala BAND of mission Indians, pala BAND of mission Indians, pala BAND of mission Indians, A real TRIBE would never allow the type of big top circus show like the one going on down there in pala
I’m not asking for back pay. I want to be reinstated and move forward into a brighter future for ALL natives. I don’t want to dwell on the past mistakes.
@9:04 I think you are a imposter trying to make dissenrollies sound selfish. tribal members are already suffering. Per cap is all ready going down. So don’t blame reinstatement for problems that already exist
No they do not. The Pala Tribe was formed under an Articles of Association , not an Indian Reorginization Act (IRA) Constitution. The BIA only has intervening authority and power when that right and power is designated in tribal governing documents like the IRA Constitutions did, Pala was never IRA, so they never gave the BIA the authority to intervene. Do not give up that tribal sovereign power and right.
I am saying that the tribal citizens, the enrolled members have to change the situatiin internally. You can not rely on the BIA, because they have no authority. The only other option is to get Congress involved or the Sulreme Court. That is the reality.
@7:34 PM why don't you be an example to us all and give up your per cap first and donate it to the Children's Cancer Fund.
Ask Robert and Theresa to do the same. They don't need access to hundreds of millions of dollars and private jets. Ask them too to give up all their money and per cap for charity.
They don't need the money right It's not important, right? You don't need your per cap either right? You are a proud Pala "Indian" whatever that may be.
Do that @7:34 PM then you can run your mouth. Let's see you and everyone else at Pala give up their Per Cap and only focus on their heritage and culture.
The only problem there 6:16 a.m. is p.b.m.i. would have to build more cultural centers,in addition the the cupa cultural building, there would have to be a luiseno center, a yucky yaki center, a morongo center, A cahuilla center, San Felipe, porta la Cruz, and so on and so on,and with the present supposed financial problem in pala I don't see that happening. Plus most BAND members have no clue what heritage and culture they need to focus on, right Dion, the last time I talked to him he was trying to find record of his family in Warner's, hahaha, your looking in the wrong place Dion, try the 1885 - 1940 morongo census roll dumb shit. I happen to have a copy for you if needed, hahaha!!!
What is hard to understand is why are the EC members waiting so long to re-enroll, all that is doing is putting more of a financial burden on the Band.
Every month that passes just adds more back pay that is owed to the Disenrolled Members of PBMI.
If they are that stupid they should not be sitting on the EC anyway.
So the Band pays Dion and Shelia almost five thousand dollars a month to sit on the EC as EC members.
Who made the pay scale for the elected seats on the EC and why does Robert get an outrageous $ 200,000 per year for being the Chairman and Nieto gets almost $ 150,000 a year for job as treasure.
This is all bullshit and just another area in which the GC gave the EC the power to do these types of things.
That's a lot of money paid to outsiders to run the Tribe for you.
I only remember voting on the EC pay scale once around 2005 or 06 I believe and it was $40,000 for council and $60,000 for chairman. Then again rob has given himself full authority so he can raise salaries and approve bonuses. The EC gets a nice Xmas bonus every year on top of the cut back one we get because he says the casino isn’t doing well. Then maybe someone should bring up a motion to discuss EC salaries and if they are justified in receiving that amount and maybe cutting back and on their bonuses since as they say the tribe isn’t doing well financially. The EC is way overpaying themselves. They should not be making anything over $100,000. Or receive bonuses unless profits are up and the members should get the bonuses before the EC.
Very true 8:48 pm, I can confirm that Rob gets $200,000 per year for being the Chairman and also Theresa Nietos pay of approximately
$150,000 per year and also the Tribe pays into their 401 K for them.
I don't remember the exact amount for the 401 K but you can look it up on line.
401K for Pala Band of Missions. Which also name Theresa Nieto as the Administrator for that account.
Why would the EC get 401k when it is a voted in position?? There in theory could be a new EC member every 2 years. So they would get 2 years of 401k. That could be their exit strategy...they put a bunch of the tribes money in their 401k and then when they are off the EC they collect payments from all that money or cash it out and say it’s their retirement money so nobody questions it after that. Nieto could have set it up so the next treasurer can’t see how much each person has in their 401k or how they are using it. Rob and nieto probably have millions in their 401k. One question...are the 401k’s set up by an outside company or a company Pala or Nieto set up to manage the tribes 401k’s and they are in charge of it???????
Here is another issue that the BIA allowed Robfart to get away with. Procedurally he should have taken an action to lower the blood degree of any person and then they would be entitled to appeal that decision. Not and only not until that appeal period is exhausted could Robshit proceed with disenrollment. Of course this did not happen. Why are we here? To educate the people and let them know what rights they really have and not what Robturd tells them. Read, ask, listen. Don't be stupid anymore.
§ 62.4 Who may appeal.
(a) A person who is the subject of an adverse enrollment action may file or have filed on his/her behalf an appeal. An adverse enrollment action is:
(1) The rejection of an application for enrollment by a Bureau official incident to the preparation of a roll for Secretarial approval;
(2) The removal of a name from a tribal roll by a Bureau official incident to review of the roll for Secretarial approval;
(3) The rejection of an application for enrollment or the disenrollment of a tribal member by a tribal committee when the tribal governing document provides for an appeal of the action to the Secretary;
(4) The change in degree of Indian blood by a tribal committee which affects a tribal member when the tribal governing document provides for an appeal of the action to the Secretary;
(5) The change in degree of Indian blood by a Bureau official which affects an individual; and
(6) The certification of degree of Indian blood by a Bureau official which affects an individual.
(b) A tribal committee may file an appeal as provided for in § 61.11 of this chapter.
(c) A sponsor may file an appeal on behalf of another person who is subject to an adverse enrollment action.
7:31 Once the money leaves the casino only the tribe has jurisdiction over those funds. Strange quirk in the IGRA. So if I steal a million dollars from the casino and move it out of the casino without getting caught it is no longer under the jurisdiction of the Gaming Commission. Pala has a rule that if you steal less than $50,000 per day Pala will not prosecute you. That is how the gangs operate because they keep it below $50,000 and pay Robert his share. Since the tribe has given the EC complete control over the casino revenues then there is no crime committed UNTIL THE GENERAL COUNCIL MAKES IT CRIME.
It’s all manipulation somethings in the works.
AS-IA Washburn ruled against application of 25 CFR Part 62 in the disenrollments. Attorney for the Howard Appellants raised the issue, and the Pala Band stated that part 62 only applies to tribes whose enrollment is controlled by the BIA. Washburn ruled that part 62 applies when there is a right to a Secretarial appeal. It is a legal technicality that the AS-IA used to prevent proper application of the regulations. There is definitely a right to Secretarial appeal embodied in the Pala Ordinance No. 1 revised in 2009. The Ordinance clearly states that anyone whose application for enrollment is denied may appeal to the Regional Director within 30 days. The Regional Director is limited to a recommendation on appeal. Regional Director decisions are subject to appeal under 25 CFR Part 2, which is why the AS-IA issued a decision in the first place.
This stuff happens all the time. The Aguayo appellants did not raise violation of part 62 as a cause of action so the Court did not exercise jurisdiction under part 62. The Supreme Court denied certiorari and now the decision is final. That is how it works. The DOI Solicitors argue these complaints all the time and know how to direct Appellants to pursue causes of action that they are well prepared to defend. Also these solicitors know that even though it is an abuse of discretion to fail to follow agency procedures, those procedures are not binding law and the Court usually defers to agency discretion in the application of its own procedures.
Gee RR what is your real name? Super Downer. According to you there is no hope at all for anything. Why don't we just shut down everything and let Robert and company have everything.
What you need to know.
209.21 Can the federal government enforce tribal compliance with an approved revenue allocation plan?
Yes. The NIGC may take enforcement action to ensure compliance with the terms of a wrap if it has reason to believe a violation has occurred.
The tribe's revenue allocation plan allows 60% for per capita payments, 10% Tribal Administration, 15% Economic Development and 15% Social Welfare. What this means is that the EC has borrowed against their economic development slush fund and have exceeded their allowance of 15%. Now they want to take it out of per capita because they have mismanaged the funds. You will now be paying back the loans etc. for economic development mismanagement. The EC cannot change your per capita unless it reduces expenditures in all categories of the revenue allocation plan. If they take away $50 million from per capita they have to take $15 million from economic development, $15 million from social welfare and $10 million from tribal administration. If they do not do this they are in violation of the Revenue Allocation Plan. The EC will come to the GC and try to make the people feel guilty in hopes the GC will accept the decrease in per capita. Even this is not legal unless the decreases affect all categories of the Revenue Allocation Plan. If they do not decrease in all categories then any tribal member can file a complaint with the NIGC.
The hope that some federal agency will step in is misplaced and will likely be disappointed. Maybe you think that all avenues have yet to be explored. I personally wrote a letter to the NIGC citing the IGRA regulations that says elected tribal officers are barred from participating in the management or operations of tribal gaming enterprises. I also wrote the Governor citing the violations of the Revenue Distribution agreement and sent a similar complaint to the BIA. There was no action on any of these complaints.
Maybe it is a downer to see all the effort expended with zero results. It simply points to the truth that sovereignty means non-interference by the federal government and that the solution must come from within the Band.
Just so you know, there have been appeals filed with the BIA over the disenrollments, the name change and the illegal change to Margarita Britten's blood degree. The aforementioned complaints to the NIGC, the California Gambling Control Commission, a lawsuit claiming the Pala EC overstepped it's authority, a lawsuit claiming the Pala EC retained attorneys without GC approval, a lawsuit over the disenrollments, several complaints over the missing minor's trust funds, interviews with local media, a Special GC meeting to suspend the Pala ECand the withdrawal of the ACTCI from the PBMI.
I have been involved in all these actions so I know the facts. Maybe you have another or a better idea. Good luck and all the best. My experience says expect no help from outside agencies, law enforcement, or the Court.
The reason the BIA will not do anything is because they have no authority over enrollment. The only authority is on appeal, but that was changed in the new Constitution. So, if somebody tries to get enrolled, they are denied, they file appeal, the BIA makes a recomme dation, the tribe can still choose what to do. Also, in the new enrkllme t ordinance, once an appeal is made, that is the final decision for life.
Hey 2:58 For life right. Just like Robert respected the decision of the General Council in 1983 that Margarita Britten was 4/4ths CUPENO you stupid Mexican. Just like Robert respected the decision of the BIA in 1994-5 and 1989 twice that Margarita Britten was 4/4ths CUPENO you stupid Cahuilla. Those decisions were for life. Yes for life. For Roberts life which is very close to ending. Once he is gone you better run and hide. Once he is gone and he will be gone soon, his constitution means that the Lugos and the Lavatos are out since they are not CUPENO stupid. Hitler tried to get rid of the Jews. How successful was that stupid. We are here to stay and if it takes generations we will take our reservation back. So enjoy your short lived per cap from our land. It will be ending. What will you have? A new truck. You definitely will not have any CUPENO blood. Die Robert so I can piss on your grave like you pissed in the casino.
Hey 2:58 a.m. I'm assuming that "new eenrkllme t ordnance" is reference to the new ordinance #1, crap I guess spelling is hard at 2 minutes before 3 in the morning, but I'll leave that one alone for now. Before you try to talk out of the end of your crack/meth pipe you should review the documents you try to reference. Please explain how Robert's new ordinance #1 can contradict the requirements for enrollment not only in the Articales but also his phoney constitution? The real document (Articales) and his fake document (constitution) both state 1913 allotment roll and 1/16th degree blood of the band. Robert and his little bitches Teresa and Dion claimed the Brittians withheld information on their enrollment applications, the info withheld was the 1928 California Indian Judgment Roll documentation. Nowhere in the Articales of Association nor his fake constitution are the 1928 CIJR documents cited as a requirement for enrollment, to the contrary, using those documents blatantly contradicts the requirements for enrollment, and no ordinance can contradict a bands governing document. The B.I.A. itself informed Robert that the 1928 CIJR applications can not be used to determine membership. So tell me why only the Brittian descendants are being signaled out for having to use any other document other than the 1913 pala allotment roll? If Teresa Nieto and Dion Perez were held to the same 1928 CIJR applications they would of already been back in Morongo and Cahuilla as well as a lot of other pala imposters running around stealing cupeno assets. So 2:58a.m., when you wake up later this afternoon please explain the logic if your earlier post, I can't wait
@September 8, 2018 10:09 am
From what I understand the Articles of Association enrollment, as far as the BIA is concerned, allows for BIA discretion only on a denial of enrollment and appeal. The Pala Band of Mission Indians never agreed to the Indian Reorganization Act (IRA), that is why the original governing document was created in 1961 and is not a Constitution. That being said, during the IRA Constitution days in the 1930s the BIA would wrongfully put authorization statements in governing documents that gave them authority and power over tribal enrollments and the ratification of tribal Constitutions. Many tribes have been allowed to change those wrongful enforcement's and authorizations. I am assuming, since I was not alive, that in the 1960s the tribe or whoever drafted the enrollment ordinance and the ratification to alter the governing documents and the BIA's authorization to interceded only on appeal may have been influenced by the BIA. Current federal law requires that the federal government and its agencies remain out of tribal membership issues because determining tribal membership is a protected inherent right that ALL TRIBES have, unless the tribe has authorized that power to the BIA in its specific governing document, which PALA has not even in the Articles of Association. That been said, since Pala is not an IRA tribally organized tribe, federal law does not apply to Pala in terms of BIA rules and oversights when drafting new Constitutions/governing documents and enrollment. In other words, the IRA requirements of the federal code that requires specific numbers of people to ratify and or change/alter governing documents and enrollment are not applicable to Pala. Moreover, the BIA has no authority over enrollment, except on appeals in the Articles of Association and on advisement in the new enrollment ordinance within the new Constitution, nor can the BIA force 1/3 of majority voters to vote on changing or ratifying the governing documents of the tribe. I know this sounds like I am hating on your guy's position, but I am not, I am simply stating the law and how it applies to this particular situation. No judge will be able to change what happened, and if they do rule that, the appeal process can ask for the higher appeals court to look at the case, if there is a different opinion between the two, or if the higher court overturns the lower court, then the appeals go to the Supreme Court, which I doubt will happen. Your best bet is to appeal to Congress as they have "plenary power" over all tribal affairs in the United States. But, that would require a new law or adding and attacking current laws, which would require Congress to interfere in tribal government operations, which historically has been an inherent right afforded to tribes. The only true path towards change needs to start internally within the General Council and the power of the vote, that is how tribal politics are in America, and reform to that system means drastic changes in federal law, which are hard to do.
By the way, new ordinances can contradict and superseded old laws because that is the whole point of creating new laws, think about the US Constitution and how the US changes its governing documents. The outlawing of slavery, the outlawing of segregation, and so forth and so on, those are changes to governing documents, they are called Amendments.
@9:47 It was already done.
9:47 PM - First you need to read the Articles of Association before you cite them. Second you need to understand what you are reading. Yes tribes enjoy the right of sovereignty but the Pala Band was never a tribe and still isn't at least legally. That is why the Articles of Association DUH!!! Santa Clara Pueblo v. Martinez affirms the right of tribe to self-governance and the right to determine its own membership. Again Pala Band is not a tribe. Double DUH!!! The Articles of Association and Ordinance No. 1 specifically give the Commissioner of Indian Affairs the right to determine the membership of the Pala Band but not the membership of the tribes of Pala. Triple DUH!!! Next time you decide to read tribal documents while you are under your rock, turn on the light.
Yes, new laws can replace old laws if the the new laws are in compliance with the Constitution. Enrollment Ordinance No.1, revised 2009, does not comply with the Pala Constitution because it allows other documents beside the 1913 and 1895 Allotment Rolls to be used in making enrollment decisions. Amendments and Ordinances are entirely different. An Ordinance is additional law to supplement the Constitution where there is a need for to expand the law or define a situation that is not addressed in the Constitution. Such Ordinances must comply with the Constitution or they are unconstitutional and illegal. Amendments are changes to the Constitution to update it or to strengthen the law when a weakness is identified. Amendments are always Constitutional and always require a super majority to become law.
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