Here is a letter obtained by FOIA request from the BIA to Robert Smith.
Note that the letter quotes Article IX Section 1 of the Pala Constitution stating that the Constitution shall become effective immediately after its approval by a majority vote of the voters participating in a duly called election.
Does anyone remember a duly called election where a majority vote of the voters participated to approve this said Constitution?
For those of you so worried about the "tribe's" liability (FYI Pala "Band" is not a tribe") who are spending their time in comments trying to convince the disenrollees to just let it slide...if you are so concerned about protecting Robert and Theresa, don't worry they can hide behind Tribal Sovereignty. We know how much you love Robert and Theresa for all the kick backs you get.
The BIA is the agency that may very well be liable for all the damages they have allegedly allowed to occur by neglecting their fiduciary responsibility to individual members.
The Constitution was never properly adopted which in my view means the Articles of Association are still in effect. The Articles gives the BIA final authority over Pala's rolls. This means that rather than just "recommending" the Pala Band reinstate the disenrollees (which the BIA stated in 2012) they instead had an obligation to not only protect our membership from the likes of Robert Smith, Theresa Nieto, and Leroy Miranda but also to protect the assets all members are entitled to ensuring equitable distribution of such said assets.
The BIA is the agency that may very well be liable for all the damages they have allegedly allowed to occur by neglecting their fiduciary responsibility to individual members.
The Constitution was never properly adopted which in my view means the Articles of Association are still in effect. The Articles gives the BIA final authority over Pala's rolls. This means that rather than just "recommending" the Pala Band reinstate the disenrollees (which the BIA stated in 2012) they instead had an obligation to not only protect our membership from the likes of Robert Smith, Theresa Nieto, and Leroy Miranda but also to protect the assets all members are entitled to ensuring equitable distribution of such said assets.
Note the language below in this letter from Virgil Townsend that includes "...at which this Constitution is approved by the Bureau of Indian Affairs".
1997 Dec 23 PBMI Constituti... by on Scribd
The Pala Constitution states:
"Articcle IX
Section 1 Effective Date
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".
Does a vote of 27 For and 0 against sound like a majority vote of the voters voting in a duly-called election to anyone?
Pala Constitution by kupa7 on Scribd
1995 Apr 18 BIA Arlene Lacy... by on Scribd
Resolution 97-36 Tribal Con... by on Scribd
52 comments:
Think about this for a minute,
How can the BIA approve this Constitution when they state time and time again that it has to be an election that has to be called for to have the Tribe/Band approve this Constitution by a BALLOT VOTE.
The submitted minutes state that this was approved at a General Council meeting with a vote of 27 yes and 0 no.
This in it self shows that an election was never held and a ballot vote was never done, according to the documents that were submitted by Robert Smith and the EC.
So it doesn't take a rocket science major to see that this Constitution is not legal or binding in any thing done under this fake Document.
So it looks like the Tribe is still governed by the Articles of Association and NOT by a Constitution.
These documents should have been sent back to the Tribe by the Regional Director upon reading that the vote of 27 to 0 was done at a GC meeting and not by an election ballot vote.
This just goes to show how corrupt the Regional director is when it comes to what Robert Smith wants.
Can we petition to get an investigation done on Amy Dutschke by the DOI for her lack of fiduciary responsibility? She has allowed so much to happen across the state and has helped the tribal leaders disenroll their legitimate members. She is a huge part of the picture.
I think we need to see the minutes from the 11/12/97 General Council Meeting where the GC supposedly approved the Pala Constitution. Resolution 97-36 says there was a vote to approve but provides no supporting documentation. Then the Special General Council meeting was held on 11/19/97 with only five days notice when the Constitution says there has to be 14 days notice for a Special Meeting. If those minutes exist and say there was a vote to approve the Pala Constitution then why was a Special Meeting called to vote on it again? It is very suspicious. Two votes within five days of each other one to approve and one to adopt? Makes no sense. What really makes no sense is that King Freeman says that there was no discussion of the Pala Constitution at the 11/12/97 meeting and that was why the Special Meeting was held. Now that makes sense, but then it means that Resolution 97-36 is a fraud.
My guess is that King is telling the truth and that Robert Smith is a liar. Resolution 97-36 is phony from the start. It has King's signature on it but I think it was forged because King would have read it and known that there was no vote to approve at the 11/12/97 meeting. If Robert Smith is compelled to provide these minutes I would be willing to bet that they would be forged too to agree with Resolution 97-36, and that point there would have to be an authentication because King has filed an appeal with the BIA and made a statement that is in the record of Aguayo v. Jewell. When I say authentication I mean the original version of the document, an examination of the paper, the ink, the font, and a document from the same period this has already been authenticated for comparison.
Robert Smith is a fraud and a forger and that is why he is always saying that records are forged. It's because he has done it so many times. I say if he can't provide the supporting document then Resolution 97-36 is unacceptable and cannot be used as proof that the Band voted to approve or adopt the Constitution. Everyone should also know that Robert Smith provided the minutes of the 11/19/97 meeting and this document is suspicious also. It says Item #3 is a discussion to change the Articles of Association into the Pala Constitution and then a motion was made to approve the Constitution. Hey wait, didn't the GC already approve it 11/12/97? Then there is a pretty big space and a second page that says the vote was Yes: 27 No: 0 Abstain: 9.
Action Instructions: a} Election Ordinance should have in it that: 1} No Campaigning for elected office may be done within ' of Voting Poll Building...
The rest of the Action Instructions all refer to the Election Ordinance. It simply looks like the second page comes from another set of minutes and was attached to the first page because the vote is the same numbers as those on Resolution 97-36. Maybe the host of the blog will post these minutes so everyone can see what I am talking about.
TICK TOCK TICK TOCK "BOOM".
SMITH AND NIETO YOUR ASSES ARE ABOUT TO EXPLODE BECAUSE AMY D. IS NOT GOING TO COVER YOUR ASSES ANYMORE.
THE DOJ IS FINALLY DOING THEIR JOB.
Gee If I were a Britten how could I now lose one of the best opportunities to finally and once and for all put Robert Smith and the BIA in their place. Oh, I know. I would go on Pala Watch and detail every minute detail of my case. I would give Robert and the BIA the time they need to create and forge more documents to keep their lies going. But then again maybe it really doesn't matter. Robert will soon be dying and what a mess he will leave for Pala. The Lugos will probably be disenrolled. The Mexican Lavatos will lose their allotments because they were given to Mexican citizens. The Pala Luiseno will be marched back to their reservation in a new Trail of Tears. They would then have the distinction of being the last tribe forcibly removed from another tribe's reservation. The San Felipe Indians hated the Cupeño so much they voluntarily left Pala more than 100 years ago. All the other homeless Indians moved to Pala could be left out in the cold since they really do not have a tribal affiliation. They could end up like the families in Pechanga where they have rights to their allotments but no rights in Pala except their own property. Under Robert's rules they would not have access to their homes. So while Robert is spinning in his grave with laughter and his coffin lined with most of the money from the casino go ahead and respect his lies and phony constitution. What his constitution means for Pala in the future is one of the worst nightmares put on a tribe since Wounded Knee. Go ahead and maintain the status quo because when the dust settles the only ones left will be the Brittens.
To quote South Park
ha ha ha ha
ha ha ha ha
ha ha ha ha
Don't worry. I left out plenty of details. In fact the forgery of the minutes of the 11/19/97 meeting are not even in the appeal. That is why I said that Smith should be ordered to produce the minutes from the 11/12/97 meeting for authentication purposes. Maybe he will forge some minutes now and we can see him in action. Maybe he will claim the minutes can't be found. Either way it means that Resolution 97-36 can't be supported with the cited documents. The real point is that there was never an election to approve the Revised Constitution. The rest is just so that people can see how Smith operates. At this point it might be nice to see if there are any minutes out there about an Election Ordinance where a vote was taken with the results Yes: 27, No: 0, Abstain: 9 sometime in 1997. I bet there are.
Everyone has had to sit and watch Robert Smith fuck band members over for a long time, hopefully the time is near that we can all sit back and watch him and his mama Amy Douchbag get fucked over, and over, and over, hahahahaHA
At this point with 7 years of public court documents, 150 years of archive records, ARCIA records, FOIA requests, and other various agency filings, isn't it all a matter of public record?
The pala band has been treated as dumb shits by Robert, his attorneys, and Pacific Regional Director (Roberts mama) Amy Douchbag throughout this whole mess at pala, time for some payback!
That's true, Robert and the EC and AMY all think that the members of Pala are dumb and will put up with anything as long as they are receiving some kind of money. That is why they keep doing the corrupt things they do. Instead of raising the per-capita (like they told everyone when they disenrolled), they lowered, ha, and not just once, when is the last time they gave a raise? Every other Casino tribe is doing great and then there is Pala, from the looks inside the Casino it is busy, lots and lots of slots, plenty of gamblers, so where is the money? They got rid of the ones who questioned their moves, so it is pretty much Carte Blanche and they know it.
Well it looks like the payback train is loaded and headed to its first stop, the Doj., And then The Governors office,then onto the FBI office in Carlsbad, the Regional office of the BIA and the ASIA office will all be served with a copy of the crimes in which Robert Smith and Theresa Nieto along with the BIA employees that helped Smith cover up all of his bullshit.
All of these packets were sent out this morning certified mail with return receipt requested.
These packets included 182 pages of evidence against the BIA and the Pala EC, mainly Robert Smith and Theresa Nieto, which show that neither of them should be sitting on the EC with proof that they do not have the blood of the band to do so.
There is lots of evidence in the public record, but it must be presented in the context of conspiracy to defraud the US. On the other hand, this Corrected Certificate of Approval was not disclosed to anyone except the Pala EC and was only obtained by FOIA request. The BIA and the Pala EC were doing a behind the scenes decision that changed the approval of the Constitution which the Court ruled was time barred from challenge by the Aguayo plaintiffs.
This cooperation between the BIA and the Pala EC has to stop. Smith is using the BIA to approve actions without authorization from the GC. It is an anti majoritartan agenda that strips the GC of its power.
What do crimes have to do with blood of the band. Why would law enforcement care about that?
Same thing direction has in common with misdirection. No blood of the band...can't hide behind sovereignty as they have been doing.
Does this mean the statue of limitations on the Constitution starts over on March 2018.
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering and allows the leaders of a syndicate to be tried for the crimes they ordered others to do or assisted them in doing, closing a perceived loophole that allowed a person who instructed someone else to, for example, murder, to be exempt from the trial because they did not actually commit the crime personally.SO IT SAYS
Sounds like the EC, the gaming commission, the casino director, Howard Dickstein, Amy Dutschke, Javin Moore, Robert Eben, Sarah Dutschke, and many more. It will be fun to read the indictment.
I’m sure all this is so true lol
Whatever’s gonna happen is gonna happen. We all know how the blood works. If your blood runs out that’s on you. Sorry disenrollies
I heard Robert is gonna let his position open. For the Britain’s to be elected and Theresa is turning herself in Sunday for all the corruption at 7:00. And all the disenrollies are gonna be in charge of the voting ballets. Also the Britain’s are full blooded and are supposed to start a new tribe so the disenrollies with no blood are gonna be getting paid.
@ 1:49, so for your information some of the disenrollees are 3/8 Indian, so their families will have Indian blood for a while, sorry for disappointing you. All innerbreeding is getting you is kids that have issues and turn out to be druggies, their blood might be there, but their brains are gone. Sorry.
The statute of limitations on appeal of Administrative Agency decisions is 6 years. The Corrected Certification of Approval is not barred from appeal by the statue of limitations. The question is: Does the Corrected Certification of Approval supersede the original Certificate of Approval. The Pala EC requested correction to the original Certificate because they said it was erroneous due to the incorrect date of approval. The Corrected Certificate has the right date of approval according to the Pala EC, and that probably means the original Certificate was always invalid due to error in the approval date, and that is why the Corrected Certificate was issued retroactive to 11/19/97.
From the perspective of jurisprudence the issuance of a retroactive decision supersedes prior decisions, so that means the approval of the Pala Constitution can be appealed and reviewed. This has major implications that the IBIA may try to avoid. We shall see, but the relief from the cause of action claimed in the appeal is to revoke or vacate the approval of the Pala Constitution due to errors in the original and the Corrected Certificates of approval.
We can't pretend to know how the Board will rule. However, we must make these allegations and hope that the Board will perform review de novo. My own opinion is that there is an issue of fairness that must be addressed. All citizens are guaranteed equal protection under the law in the US. The Aguayo plaintiffs challenged the approval of the Pala Constitution and identified the error in Resolution 97-36. The Court agreed that there was an error but said that challenges to the approval were time barred due to the expiration of the statute of limitation and affirmed the AS-IA's decision and dismissed. The Court also said that even if the statute of limitations hadn't expired that a challenge to the validity of the Constitution would most likely fail because PBMI is not an IRA tribe and BIA approval was not required.
This was incorrect. PBMI is not a tribe and the BIA has erred along along in saying that it is. PBMI is an association and a phony Constitution does not merge all the different groups on the Reservations unless there is statutory authorization from Congress. These issues have been raised over and over again and the BIA has glossed over them because it has a favorable bias toward the Pala EC. Maybe now these allegations will actually get reviewed instead of being dismissed on technicalities.
We shall see...
Think you left one big issue out R&R, there has never been a general election to accept the invalid constitution. 27 yes votes at a general council meeting out of,a possible 800 registered voters in a general election just won't cut it, and the B.I.A. nor Robert Smith can produce any document to the contrary, and if one magically appears its a fake, but Mama Douchbag up in Sacramento usually accepts forgeries along with her check eeerrr cash I mean
Look at my post Sept. 10 @ 12:00pm. That's where I said that there was no General Election to accept the Revised Constitution. The vote in 1994 was to amend the Articles of Association into a Constitution. That vote fell short of a majority. Keep in mind that there are four different documents. There is a revised Articles of Association; there is an original Constitution; there is a revised Constitution; and there is another document that was submitted to Pacific Regional Office in 1999 that was reviewed and returned with recommendation by Any Dutschke which she calls a new proposed Constitution.
Robert Smith played a shell game with these different documents. He pulled the wool over the membe'rs eyes and the BIA's eyes. It was all about getting authority for the Pala EC to enact Ordinances and Resolutions, and to get the power of disenrollment should anyone get uppity enough to challenge him. All the challenges came from the Brittens. The rest of the Band fell into line.
That is where it stands now. A lot of cowed members. No one wants to do the hard work.
There is no "new" tribe except the one Robert Smith created when he ordered the BIA to change the name from the Pala Band of Luiseno Mission Indians to the Pala Band of Mission Indians. That is a new tribe, or rather, it was theft of Pala Luiseno Sovereignty.
If you go back and look at the compact and other important gaming documents in the late 1990's/early 2000's you will see time and time again reference to the Pala Band of Luiseno Mission Indians. Why? Because that was the name on the Federal Register. Jerry Turk and Howard Dickstein made sure this was the case because they understood the law in as much as they wanted to make money.
The tribes at Pala are Cupeno, Luiseno, Ipay, Cahuilla, and Yaqui. In 1961 they agreed to form an association in order to conduct business. The BIA was involved because by law they are required to make sure the assets of the reservation are distributed equally.
Remember, everyone used to get a per cap check once per year from Sand and Gravel. Despite all the squabbling the BIA checked the rolls and made sure those that were due got their fair share.
Now we all see when there is no oversight of the Executive Committee (Robert has been Chair since 1989) what happens to all the money. Further, we see what happens when members from one tribe are allowed to determined the membership of another tribe.
Anything new happening?
Nope u disenrollie go do something. Go do some work for your new reservation (the city) oh wait there’s a settlement coming to the full blooded disenrollies haha also I heard there’s gonna be a special meeting Sunday about all the families not having any more kupino blood so now everyone is gonna be descendants and get money.
Don’t you mean Yaqino?
The only person who spells Cupeno with a K is Leroy Miranda,but "kupino" Leroy? You full blood idiot, remember what you just said when your "no" blood of the band Utah kids have to go do something for their $$$ instead of free loading of the pala band.
11:28 AM Sounds like you have had too many whip hits...and stop throwing them all over Pala Temecula Road...at least clean up after your druggy self.
Robert Smith is living proof that his mother had sex with a big wild bore at one of the Fiesta's.
Oink, oink.
I can’t stand anyone in the council. I’m gonna do a protest tonight at 7:00 in front of the Pala Tub who will stand for me ??? All the real ones that are tired of it stand with me and you can stay in your cars or wear masks but stand with me. I am not gonna say who it is because of the identity thing. But mark my words change is gon come. I have only a couple signs but I called the local news and we’ll see if this one gets any attention. Willie Pink we call on u. 7:00 no threats peace !!!!!
Now this has to be too funny. Robert Smith is ordering a review of the casino and other operations to determine why Pala is losing money. That is exactly what the banned 11 wanted. Just a review. Does this mean that Robert should be banned from Pala business for life. Oh hell yes. Monkey see Monkey do. Why now Robert? Are people stealing your money and you can't catch them. That is what happens when you let the fox in the henhouse. It is okay for you to steal from us but how dare anyone steal from you. Go F yourself. And your answer? Punish the people. The people are stupid and it is all the fault of the EC. you are a member of the EC and responsible. STUPID.
All the families enrolled have the blood you don’t sorry.
Yeah it’s annoying there everywhere
Finally he’s gonna fix the problem. No more trash talking on our chairman. Wait are you enrolled or....?
I will trash talk your no good for nothing chairman if I want to and you can not stop me.
All he has to do to get respect is to do the right thing and re-enroll
the rightful members that he disenrolled.
He did this because of his hate for King and Willy hoping that the blame would be on their backs be we all know who's fault it is, and if he wants people to stop trash talking him he knows what to do.
So until that happens, FUCK HIM AND NIETO AND PEREZ.
Maybe being evil is keeping you all out ?
This place is where everyone talks evil about each other but you all want a positive change ??? Makes no sense to me.
Morongo is getting tired of people trash talking their people that are enrolled in pala, nieto and perez.
Send them back to their homeland they don't belong here never did and never will.
@ 5:05 pm
Just burn down the Pala Tub, after all it was built with your money
through the contractor that built the fire station which the tribe paid for, so the Pala Tub belongs to you.
What are u mixed with white ? Mexican ? Obviously you don’t have enough blood. Bitch can you speak your language other than “Tukumay” haha Native is Native
Please show up brother it’s gonna be for change
“THIS IS OUR TRAIL OF TEARS” hahahaha gets me every time. So un-Indian and then talk shit about the families that are enrolled. Notice the families that have the blood don’t get on here talking shit because they know they don’t have to.
@5:48, @5:38, @5:09 I’m getting the impression your not worried about income. That’s good.
Umm some of us are enrolled and still tired of robert and nieto’s lies. We dont believe the disenrollments were fair or legit. They were for personal reasons and Pala is a mess and will stay that way as long as smith and nieto are in control. If you cared enough about Pala and not just percap you would be reading some of the documents posted or gone to the meetings other tribal members had or former employees who reveled wrong doings by smith and nieto.
@ 5:38 PM
I agree so go back to your Native Reservation. MORONGO.
Well how did the protest go at the Tribal launder mat, Sorry the Tribal Launder Mat.
The reason I say Tribal Launder Mat is because the contractor that built the Fire Station also built the Pala Tub for Smiths part in granting the contractor the contract.
Ask Smith for the receipts for the construction cost and for the equipment bought by him and he can't because he didn't pay a single dime out of his pocket for any cost pertaining to the launder mat.
It was all part of the contractors kick back to Smith.
Yeah, I'm enrolled, and still fuck that piece of shit chairman. AND all the other EC members who have pala on the brink of bankruptcy
Maybe being stupid is going to keep you taking per-cap cuts
Nona Scott,your aunt Vivian was a Trujillo,your Mother Alice was a Trujillo,your mother father was Alvino was Trujillo,so get over it.
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