Sunday, May 12, 2019

Pala Has No Approved Attorney Contracts?

Constitutional Violation?
Impeachable Offense?


Anonymous said...

Maybe you didn’t use the correct terminology for the band.

Anonymous said...

Does the Pala Band of Mission Indians need the BIAs approval to hire an attorney? If so, is that stipulated in the governing documents? You do realize tribes do not have to get the BIAs approval for every little thing, especually since PBMI is a nonIRA governing tribe, they can follow or ignore any and all BIA recommendations. The US policy concerning tribes is currently pro tribal soverignty and self-determination.

Anonymous said...

However, if it states in the Bands Constitution that the Attorney's contracts must be approved by the Secretary of the Interior, then the Pala Tribe/ Band must comply with the rules and regulations of said Constitution.
And according to Pala's Constitution it does state the all Attorney contracts must be approved by the acting
Secretary of the Interior.
So if the BIA states that there are no approved contracts for the PBMI means that Robert Smith has lied again to the people at a recent Tribal Meeting stating that the Secretary of the Interior approved the latest Attorney contracts of, i think he said there were eleven
contracted Attorney's.

Anonymous said...

Robert Smith will probably amend the constitution again without the approval of the General Membership to say that the EC has the power to hire as many Attorney's as he see's fit without the General Membership approval.
If you look through some of the amendments to the Band constitution you will find that some of them were approved by Smith and only one other signature when they were sent to the Regional office for approval.
They were not signed by the entire governing body of the band for approval.
Most notably the signed ones contained only Robert Smiths signature and the other one being signed by Kilma Lattin as the Secretary of the PBMI.
Also on so of the amendments it states that they were approved at a General Council meeting, and that is also bullshit because the meetings are held on the second Wednesday of every month.
Some of the stated meeting were even dated for a Saturday, and other dates include Sunday and one on a Tuesday and non on a Wednesday.

Anonymous said...

You have proof that the Constitution was amended without a vote from the General Council? Amendments have to be approved by the Band.

Anonymous said...

Article III, Section 2, B of the Pala Constitution:

B. To employ legal counsel pursuant to federal law and subject to the approval of the Secretary of the Interior

Federal Register 7/26/2001 66 FR 38924:
"Consistent with the long-standing principle that the federal trust obligation may not be unilaterally terminated, the Act does not alter those tribal constitutions that require federal approvals for specific tribal actions, such as attorney contracts. Thus, the Secretary must still approve or disapprove attorney contracts if a tribal constitution so requires."

The Pala EC cannot employ legal counsel without General Council approval. The BIA must approve the contracts of attorneys employed by the Pala General Council.

The BIA has allowed attorneys to represent the PBMI that have not been approved by either the General Council or the Secretary of the Interior. This is a breach of the fiduciary trust obligation.

The Pala EC has employed unapproved attorneys and paid them with tribal funds. The Pala EC is guilty of violating the oaths of office and misappropriating funds.

These attorneys have represented the PBMI in court. Unapproved attorneys are in violation of the California State Bar Association for claiming to represent the PBMI when in fact they have no authorization from the Band. Their license to practice law should be suspended pending review.

The BIA is derelict in its duty for not requesting proof that the attorneys claiming to represent the PBMI have obtained General Council approval and that their contracts have been approved by the Secretary of the Interior.

Now the disenrolles may not be able to challenge the disenrollment, but they might be able to get the decision overturned if they attempt to re-open the appeal on the basis of legal violations by the Pala EC, the unapproved Attorneys that claimed to represent the PBMI, and the breach of trust duty by the BIA.

Anonymous said...

I can't believe King's store is still open it's so dirty

Anonymous said...

Probably Smith's lawyers were there making a dirty deal.

Anonymous said...

Are you kidding? This means every legal action made by unapproved Attorneys must be vacated or is void. Hahahaha. Next time the EC is involved in a court case they will lose on this point alone.

Unless Smith has a phony resolution.

Anonymous said...

What do you mean, all of Smith's resolutions are phony.
Okay General Membership her you have it in black and white as stated by the FOIA which according to the BIA
The Pala Band does not have any Attorney approved contracts.
So what are you going to do with the information.
What you should do is request a copy of all the Attorney contracts that Smith stated at the last meeting which were 11,and go through them one at a time and also ask for a copy of the approval by the Secretary of the Interior for each contract for each Attorney.
I am willing to bet that the EC can not produce any of this but will cover it up by continuing to lie.

Anonymous said...

And also request the minutes of the meetings that the general membership voted to approve all of these Attorney contracts.
Smith will turn to Theresa Nieto and get her to explain it to the members.
Nieto is not the one that was elected to have all the information, she was voted in to be the Treasurer not the Secretary which is Theresa Villa.
But he only turns to Nieto at the meetings and no of the other EC members.

Anonymous said...

An attorney contract has to be approved by a majority vote of the General Council. A resolution certifying the vote must be submitted to the BIA along with the attorney contract. Then the Regional Director has to forward the contract the Secretary of the Interior for approval.

Redelegated authority is not valid for the PBMI because the Pala Constitution does not recognize redelegated authority. The Pala Constitution would have to be amended to accept redelegated authority for the Regional Director's approval to be valid. Each contract must be approved separately. Approval of all contracts is invalid because that means the GC was not able to review the specific terms of the agreement.

Robert Smith has been circumventing the authority of the GC, and the BIA has cooperated. The federal government has a duty to approve attorney contracts in order to protect the Band from unfavorable terms. Unapproved attorneys are responsible for the disenrollments. They advised Smith on the drafting of the Enrollment Ordinance that gave the EC disenrollment powers. They advised Smith to withdraw from the Southern California Tribal Court so there would be no recourse for the disenrollees.

They drafted the Gaming Ordinance that turned over ownership of the Casino Hotel Resort to Smith. They have helped Smith usurp the power of the General Council, directly harmed members, and assisted with the embezzlement of over a billion dollars that should have been distributed to tribal members.

There is proof of conspiracy to commit fraud. Smith has submitted falsified documents to the federal government. The attorneys have protected Smith from prosecution for his corruption. The BIA has approved numerous illegitimate actions of the Pala EC under the pretense of tribal sovereignty.

Just recently the BIA issued a correction the date of the approval of the Pala Constitution. This is the same approval that the Ninth Circuit ruled was time barred to challenge due to the expiration of the statute of limitations. Smith submitted falsified minutes from the Special General Council meeting of 11/19/1197 to support the date change. His attorneys from Denton's, who have not been approved by the General Council or the Secretary of the Interior submitted an Interested Party comment to undermine the standing of the appellants, and the BIA dismissed the appeal.

The design of the conspiracy is blatantly obvious. Smith is paying off BIA officials. The BIA rubber stamps his requests. The attorneys serve his personal agenda and have never consulted with the General Council. Smith owns the Casino, and uses the revenue for discretionary spending.

Wise up Pala members.

Anonymous said...

What does Kings store have to do with attorney contracts? You and people like you that are slapped in the face with the truth, immediately try to divert the conversation. Your inaction and diversions is why this mess exist. One day you will wake up disenrolled, your bank account empty and you will be crying on this blog about OMG how did this happen? No-one is exempt.

Anonymous said...

The important issue here is the cover ups by the EC and not the condition of the Pala Store.
the EC represents the entire Band ,the Pala Store is privately owned.
It is the stores task of keeping it clean and not the EC's task.
You are just trying to cover up the misdeeds of the EC.
If you want to call the kettle black then look at the Pala Mini Mart first.
The whole Mini Mart is dirty beyond reason because it is being run under the corruption of Robert Smith and his partner in crime Theresa J. Nieto.
And the only way to clean it up is to get Smith out and put in a new council that cares about the resources that support the entire Band as a whole and not just a few people that skim off of the top.
So quite the cover ups and pay attention to the real problems that are getting worse day by day because of one sided people like you who think that Smith and Nieto are your Gods and can do no wrong.
Why, because they can turn on anyone even you and your family and friends, then what are you going to do.
Can you produce all the records and backing of the U.S. Government to stay in as members like the Britten's have done.
With all that this family has endured because of hate and greed, and all the evidence that proves that they in fact belong still have to fight for their rights because of Robert Smith and Theresa Nieto being one sided and corrupt.
And she (Nieto) thinks that she will enter the pearly
Gates when she dies to be with her mother is totally wrong because you can not fool the Creator up above.
She will be turned away because of her sins against the people that she swore to protect when she was voted in
to serve and protect the people of PBMI.
She will be told at the Pearly Gates to take her sins and go to hell where she has secured her everlasting
resting bed to sleep in.
And the same goes for Robert Smith and Dion Perez because only purity will shall enter the the Gates of Heaven and trash will be allowed to step even one one foot past the Pearly Gates.

Anonymous said...

I like the above post, 2:57 PM.
It is spot on and if you think otherwise, well never mind it won't do any good to say what i wanted to say anyway.