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
