Wednesday, April 17, 2019

1995 Jun 16 BIA Letter Removing Kupa, Cupeno From Constitution and 1996 June 21 BIA Letter Ronald Jaeger




25 comments:

Reinstatement_Restitution said...

S dO here is the BIA telling Robert Smith that the PBMI needs to prove Cupeno descent in order to change tribal affiliation. Does anyone else think this is direct interference in the self-determination and self-governance of an Indian Band? Santa Clara Pueblos v. Martinez bars such interference and updholds the right of Indians to decide for themselves not only who should and who should not be a member, but also how to govern themselves.

The PBMI had every right to choose tribal affiliation. The BIA had the records of Cupeno descent. Ron Jaegar made the decision that Margarita Britten was full blood Cupeno in 1986 that was affirmed by the AS-IA in 1989. The BIA has know all along that PBMI was mostly Cupeno. I think Chairman Porky told the BIA in an informal phone conversation that he didn't want to change tribal affiliation and that he would cooperate with the removal of the Kupa reference from the Pala Constitution, but that it couldn't come from him and had to be a directive from the BIA.

Hard to probe, but the end result makes it appear likely.

Anonymous said...

I read it, and plain as day it states that the PBMI is requesting a correction to change the tribal affiliation from luiseno, whichbis in error by the BIA, to Cupeno. The tribal rolls reflect nothing but Cuoeno descent, the Luiseno bloodlines added are adopted lines and are not nearly as long and generationally descended as the Kupa refugees with Cupeno bloodlines. Anybody who reads the roll census can see page after page after page of Kupa lineages over several generations and Cupeno bloodlines represented, while at the end the Pala Luiseno bloodlines are only a few pages and are less extensive. That the BIA states the PBMI is more Luiseno than Cupeno is an error, that can be seen just by reading and understanding the familyblineages represented in the original census rolls, and cannot be the PBMIs fault, since the intent of there letters is to correct the error. You saybit all in your final comments, YOU PERSONALLY think that Robert Smith called the BIA and somehow appointed the PBMI as Luiseno as a conspiracy to strip rights of people with Cupenon descent. That, my friend is looney bin conspiracy at its best. Your spin is crazy, and the tree must have been really high thatbyou fell from. Why?

1) You are correct Santa clara Pueblo v Martinez prohibits outside interference to tribes who have the right to determine for themselves who they are, and how they recognize citizenship and thebrights to theri tribal citizens.

2) Pala is a non Indian Reorginzation act tribal entity, meaning that they did not accept the US governments IRA Constitutions. Tribes who did accept IRA Constitutions were also forxed to accept BIA power over there Constotution in prder to change and amend them in the future. Pala chose not to organize under IRA and thus maintained there original soverign rights to self-government free from BIA control and required advisement.

3) since PBMI is a tribal soverign nation that has the right to determine there own membership criteria as outlined in santa clara pueblo v martinez and a non-IRA orginizing tribal nation, the PBMI does not need to prove anything to the BIA or follow anybof there reccomendations. The Pala Bands original intent was to correct a BIA error.

Your conspiracybtheory and spin on these letters is flawed, not correct, and is basicallybjust an opknion.Thank you for posting these letters so that we can read them and remind ourselves that OPINION IS NOT FACT, and that conspiracy spins of law and politics always carry an agenda.

Reinstatement_Restitution said...

My opinion is supported by letters obtained in FOIA response documents where the BIA refers to informal phone conversations with Chairman Smith where the Band's business is decided without authorization from the GC.

Please read my comments more carefully. You are jumping to conclusions because you don't like what I am saying. There is no proof that Smith told the BIA to direct the PBMI to remove Kupa from the Constitution. There is proof that later recommendations made in 1999 we're rejected by Smith. If he had the power to say no in 1999, then why didn't he say no in 1996?

The conspiracy exists. Smith wanted to remove BIA authority over membership because he opposed the enrollment of the Britten descendants. The BIA ordered those descendants enrollment as a result of the 1989 Final Decision. So Smith wanted to remove BIA authority and to have powers of disenrollment.

Now tell me I'm wrong. Chairman Porky has an agenda. He has been working on it for many years. All the actions line up so he could get rid of opposition and take control of the money.

If you can't see that you are indeed blind.

Anonymous said...

Can you post the BIA letter that says the Britten’s should be enrolled. The latest one.

Anonymous said...

The dates that the EC says that these things don't add up unless they were voted on at a special meeting.
Dec. 19,1994 was on a Monday and Tribal meetings have always been on the 2nd Wednesday of every month.
Also November 22, 1994 was on a Tuesday.
So both of these dates that the EC say's that these things were voted on and passed were bullshit and were never brought up for a vote at a meeting.
There is no proof that a special meeting was held on either of these dates.

Reinstatement_Restitution said...

Maybe the blog owner will post Dale Risling's recommendation on the appeal of the disenrollments. I'm pretty sure it was posted already.

The dates are what the EC gave to the BIA. The approval process for the Pala Constitution was one of the normal BIA screw ups. They are good at incompetence honed from decades of errors.

Anonymous said...

The onlybthing I am concerned about is the idea that you keep insisting Cupeno people dont exist anymore and the PBMI is Luiseno. That is wrong, the only spin you are using is redirection to try and legitimize the Agua Caliente claims of Cupeno descent, there are none because the Agua Caliente tribe does not exsist, the Cupeno people exsist as the PBMI. Your claims are towards people who will believe your spin and accept your conspiracy as truth, but I dont think so, and neith will the federal courts. Which in reality are all opinions anyway. Good luck and have a good day.

Reinstatement_Restitution said...

The Agua Caliente Cupeno is an historic tribe that predates American contact. It is the subject of an Executive Order, a Supreme Court decision and an Act of Congress. The tribe continued to exist on land procured by the Secretary of the Interior adjacent to the Pala reservation. The Agua Caliente tribe rejected organization under the provisions of the IRA, and participated as a member of an association called the Pala Band of Mission Indians in 1960.

The descendants of the Agua Caliente tribe we're enrolled as members of the PBMI without relinquishing their rights as members of the Agua Caliente tribe. When the Executive Committee of the PBMI sought to deny Cupeno members of the Association eligibility for federal programs and services by disenrolling them, those Cupeno members withdrew from the PBMI and organized to assert their sovereignty.

There are still Cupeno descendants on the PBMI, however the federal government does not recognize them as Cupeno and has assigned a Pala blood degree to them. The PBMI perpetuates the Pala blood of the Band and does not recognize Cupeno blood degree.

The federal government has declared that the PBMI is a Luiseno tribe and the Pala General Council renamed the Pala Band of Luiseno Indians on order to have the name of the Band agree with the name published on the list of federally recognized tribes. The BIA approved this name change because it administratively terminated the Cupeno tribe in 1979 when it omitted the Agua Caliente tribe from the first list of federally recognized tribes.

Only Congress can terminate a tribe do the BIA action is an abuse of agency discretion. The is now deliberating over a challenge to the authority of the BIA to terminate an historic tribe.

If only you had listened to us instead of pretending the PBMI is a Cupeno tribe. Certainly wasn't out fault.

Anonymous said...

Sorry to go off topic, but what the hell is going on over at the fire station? I hear people are getting fired and quitting left and right. It seems our vice chairman can't manage his own fire department. He hired back that fat pig hillbilly David Osuna after he had already been fired for being a racist piece of shit. And he's also in charge of the race track and God knows what else. I can only imagine the mess he's making of tribal business. When we had the big rain he was yelling at all of the workers who came in on their off time to work and still haven't been paid their overtime. Someone (maybe an anonymous blogger) should look into this.

Unknown said...

The employees need to contact the Labor board. Many employees are told and are under the impression they have no protection from shit like this because their employer is federally funded. NOT TRUE! Any Federal tribal company that has Non tribal employees MUST pay both state and federal payroll taxes, hence MUST ABIDE by both state and Federal Labor laws. The only way Pala would be exempt is if EVERY SINGLE employee in Pala was an enrolled Pala Tribal member.

Anonymous said...

What you are saying is wrong. You are spinning the truth to justify your families creation of a tribe, which is wrong. The Cupeno are not your family and your family is not the whole Cupeno according to your own documents the intent of the PBMI was to declare the tribe Cupeno, the Articles of Association is between the Cupeno and adopted Luiseno from Pala and the federal government. The BIA made a mistake and the PBMI tried to correct it. Just because your family got disentolled does not mean the whole Cupeno people do not exsist anymore. The Cupeno blood is required for enrollment, the blood of the Band is determined by the tribal rolls which consists of Cupeno from Kupa and adopted Luiseno from Pala. From what I understand, the Luiseno from Pala were not to be adopted and there bloodlines were not to be counted. But they were, and there bloodline was suppossed to be stopped. So, if all of this intent was to only have Cupeno bloodlinea as PBMI how are there no more Cupeno people. All of your documents saybthe exact opposite of what your rant, or better yet what your mind, wants to see in order to justify your political and legal agenda. I for one am waiting to hear how the federal courts will opinion your guys case. The spin continues!

Anonymous said...

I just heard that some little kid was rushed to the Hospital because of some kind of pill in his food at the buffet and the Casino is not cooperating with the
emergency room staff about what the pill looked like so they know how to treat the little boy.
This could spell trouble for the Pala Casino.

Anonymous said...

@8:48 PM, R&R is trying to convey to you that it is Robert and the BIA who are pushing the Cupeno out of Pala, we all know there are many Cupenos still in the tribe, we do not want Pala to change, we do not want the Cupeno to be forced out. We are just standing up for ourselves, since you members won't. Kind of like what you are doing right now, with your argumentative attitude cutting us down and wishing bad for us. And you say you are Cupeno, Aho.

Reinstatement_Restitution said...

So strange how simple words can get so twisted. There are Cupenos in Los Coyotes as well as PBMI. No single tribe can claim to be all the Cupenos. The BIA did make a mistake and so did the PBMI. The Pala Blood of the Band was created out of the 1895 and 1913 Pala Allotment rolls. Those who appeared on the Allotment rolls and their descendants of 1/16th Pala Blood degree or more were enrolled into PBMI. The Pala Blood of the Band has Agua Caliente Cupeno, Pala Luiseno, Morongo Cahuilla, Mexican Yaqui, and San Felipe Digeuno all rolled up together into one. Don't forget that there was another group relocated to Pala in 1903 from San Felipe Village and Robert Smith has ancestors who came with that group.

Cupeno blood was never required for enrollment in PBMI. That is just flat out wrong. The whole idea of using the Allotment rolls was to eliminate tribal affiliation so that the different groups could be associated together. The PBMI works as an association when all the groups participate equally, with equal interests in land, resources, and revenue of the reservation. The Articles of Association were designed to facilitate equitable sharing and distribution.

At least you see that there was an error by the BIA. The Pala EC has only compounded the error, and no effort has been made to correct it. The whole plan of Robert Smith was to put himself in control of the membership, the tribal government, and the Casino revenue. The BIA cooperated with Robert Smith by approving a Constitution that gave the power of enacting laws and ordinances to the Pala EC, that allowed the Pala EC to appoint itself as the Enrollment Committee, that removed BIA authority over enrollment appeals and amendments, and gave the EC control over the Election Committee.

Once that was in place Robert Smith pushed through a Gaming Ordinance that created the Pala Gaming Authority which was managed by the Pala EC with Chairman Porky as the head of the Gaming Authority. The Gaming Authority has control over all the Casino Revenue. The Gaming Ordinance gave emergency powers to the Pala EC to make financial decisions without GC authorization, and Robert Smith has claimed that means the EC can make all financial decisions because the GC approved the Gaming Ordinance.

The disenrollments were all about removing a voting block that opposed Robert Smith and his corrupt agenda, and to reduce the amount of revenue that was distributed in per capita so Smith could use the money to pay off a settlement for former PBMI Attorney Howard Dickstein. That settlement was with Rumsey Rancheria. At Dickstein's recommendation PBMI and Rumsey Rancheria invested in San Pablo Lytton Casino. PBMI put $10 million into that investment and Smith told the GC that the money was lost, but it was a lie. The San Pablo Lytton Casino is a thriving enterprise and has since paid off all its startup investors. Smith paid the settlement so that Dickstein would not reveal how Smith profited from the PBMI economic development fund.

Now you have to do your own leg work. I am tired of feeding you the information that has been shared repeatedly on this blog. Read everything that has been posted, see all the documents and records, and then try to spin it backwards all over again. If you do that then we know that you are one of Smith's minions and have lost all credibility.

Anonymous said...

@ 8:48
The blood of the Band is determined by Chairman Pig Face
and no one can say any different.
He gives out blood degrees like Halloween candy to those that will vote his way.
He is evil and corrupt as any one can be and the only hope that any enrolled member has is that he and Theresa Nieto will get sick and die or maybe be killed in an automobile accident or some one gets tired of there shit and kills the both of them.
The General Membership has the power to end every evil move that Smith and Nieto do but are to chickenshit to stand their ground and stop them.
But the funny part is that Smith and Nieto can turn on anyone of them in a heart beat and then see what they will do.
Probably nothing but they still support the corruption because of a small payout that they think comes out of Smiths pocket.
Why they don't understand that they would receive a hell of a lot more if these crooks were not in charge.
Wake up you dumb asses.

Anonymous said...

10:42 you are the one spinning out of control. You are a smithite. You know only the money paid to you for posting on this blog to spread Robert lies and deception. You are a Jesuit with sinister methodologies to insert your truth that is diametrically opposed to all the evidence. Take your blood money and stay off this blog.

Anonymous said...

With all of the evidence posted on this blog PROVING that the Chairman down in Pala is corrupt and nothing but a lying, cheating, MURDERING, Corrupt son of BITCH STILL THE CHAIRMAN.
This evidence not only covers recent events but goes back decades with black and proof.
Why is he able to walk around free as a bird while people are suffering more today than they did hundreds of years ago.
He should be in Federal Prison along with the Bands Treasurer for what they have done, and continue to do .
They are violating the human rights of these people at the very least which is punishable according to the Federal Laws in this Country.
So why hasn't the Federal Government stepped in and put a stop to their crimes.
I am not only talking about the disenrollments but other crimes as well.
If any other person committed these crimes they would without any doubt be locked up, so what make them so special that they are not in Prison.
Whats wrong with the FBI and other law enforcement Agency's that they refuse to get involved in stopping them.
Everyone knows damn well that if one of these Tribal members were to take matters into their own hand that they would be arrested for even thinking of doing something to them.
But even with all of the evidence against them dating back years and years they are still ruling the Reservation.
If you people are to afraid to do something about this issue then i guess you have to live with the outcome,
or hire someone to do the job for you.

Anonymous said...

In this election bullshit i believe that they should have written in a clause that requires even the incumbents
to have a current background check before being able to be on the ballots.
Look how long Leroy Miranda was able to sit on the EC even being convicted of his crimes.
The incumbents are not required to do so.
So that means that if the were arrested for any crimes that would stop them from being place on the ballot from the start will not show up and therefore they are given a free ride.
Like Smith and Nieto who have been on the EC for way to many years are not required to have background check
while seeking re-election and running as incumbents.
And that is not right.
This would let everyone know who does what when and where.
Just like the background check that was posted on this blog about Robert Smith being arrested on a class 3 felony for try to deliver Cocaine which according to him would disqualify anyone nominated from being place on the ballot to run for the seat on the EC, even an incumbent.

Anonymous said...

Look what Rob gets away with in public places.
Like pissing in the hallway at the Casino, pissing in his pants at the bar in the Casino, kissing other women in the Hotel Lobby at the Casino, and even kissing another man on the lips at the bar in the Casino.
And that man is even married to a Tribal member.
That was Cindy Leal's husband, Hugo Leal.They were both drunk but that is no excuse to perform an act like that no matter how drunk you get especially at the main bar in the Casino where a Chairman should be more respectful
and know were he is and what he is doing.
Shit maybe he was aware of what he was doing.
Little fat German fag.
Cindy better watch out Rob might really have the hots for her old man.
The acts that he does as the Chairman while out in public reflects back to the whole Tribe and he should be held to higher standards insted of walking around with pissed in pants and who knows maybe even pants full of shit.

Anonymous said...

Oh shit that's right i forgot about Rob and Hugo kissing at the bar.
I was there that night when Hugo planted one right on the lips of Smith and Smith didn't even try to resist he just looked a little surprised and put his hand on Hugo's arm.

Anonymous said...

Should've taken a picture.

Anonymous said...

It is probably written into the Bands Constitution that the Chairman can kiss a person of the same sex at a bar if they are both drunk.
If it isn't it probably will be soon.
Nasty little German Fag.
If Smith and Hugo could have kids what would they be.
Considering Smith is a PIG and Hugo is a Mexican.
I am guessing but they would probably be extra greasy bacon strips, which would qualify them for enrollment in
PBMI.

Anonymous said...

Who thats right i totally forgot about that when hugo kissed smith. My wife works at the Casino and when she told me about it i thought she was kidding me.
But someone did take a cell phone picture right when it happened and it is funny as shit.
I will see if that chick still has the picture or if she made any copies of it and i will let someone know then maybe you guys can put on your site so everyone can have a good laugh.

Anonymous said...

That's okay it's our well respected Chairman that everyone looks up to and can do no wrong in their eyes.
So anyone that wants to run against him for the Chairman seat must be German, fat, gay,corrupt,a liar, know how to kill someone and get away with it.
And i forgot, must be married to your first or second cousin or you sister.
You got my vote.

Anonymous said...

Just came from the Casino and spoke to the girl that had the photo of Hugo Leal kissing Rob and she said that she is sure that she down loaded it to her photo's on her her computer and she will check and if it is there she will forward a copy to my e-mail some time tomorrow.
Can't wait to get it.