In a draft proposed amendment circulated on 9/14/22 Robert Smith is seeking to alter Pala's Constitution with respect to Pala's membership. Particularly alarming is the language that reads "Membership in another tribe shall include actual membership in the tribe (such as inclusion on that tribe’s membership rolls) as well as an affirmative claim by the individual that he/she is a member of that tribe."
This language should ring the alarm bells of the people at Pala. First of all it is no longer clear who or what the "Pala Band" is. Prior to 1903 the Luiseno living at Pala had their own reservation. They are often referred to as "Old Pala" and are federally recognized as the Pala Band of Luiseno Mission Indians of the Pala Reservation. In 1903 several tribes were forcibly relocated to Pala on land bought that is adjacent to the Old Pala Reservation. These tribes include the Cupeno, Ipay (Digueno), and other various Indians such as Cahuilla and Yacqui.
In the 1960's an association was formed between all the tribes and Indians living at Pala so that economic development could be pursued. All of these tribes and groups together became known as the Pala Band of Mission Indians. However by 1978 the only tribe that was Federally Recognized was the Pala Band of Luiseno Mission Indians. This is evident by the fact that all the initial paperwork filed for the development of the casino at Pala was done under the name Pala Band of Luiseno Mission Indians of the Pala Reservation.
In 2015 the Pala Band of Luiseno Mission Indians changed their name to the Pala Band of Mission Indians. If this amendment passes what happens to everyone else with respect to membership? It is not uncommon to see people at Pala wearing Cupeno T-Shirts. Is this enough to get them disenrolled? People at Pala are of mixed ancestry. It is not uncommon for someone to say "my Grandfather was Yaqui and my Grandmother Cupeno". If Robert Smith overhears this can he then seek to disenroll people who make an "affirmative claim" about their ancestry? Are people no longer going to be able to say "I am Luiseno and Cupeno" or "I am Cahuilla and Iipay"? If this amendment passes will you then only be able to say "I am a Pala Band Member"? What happens to our heritage? What is a "Pala Band Member"?
It should also be mentioned that tribal rolls are strictly confidential. How Robert Smith intends to obtain the membership rolls of other tribes so he can cross-check them against the "Pala Band's" membership is not understood.
Another issue with respect to Constitutional Amendments is that an Election has to be held for the specific purpose of amending the Constitution. In an election to amend the Constitution at least 1/2 of the eligible members need to vote and 2/3 of that vote needs to be cast in favor of amending the Constitution. Pala has not had a legitimate election in over 20 years. It is doubtful this time around they will follow their own election rules spelled out in the Constitution with respect to Constitutional Amendments.
Robert Smith's Proposed Pala Constitutional Amendment
Draft 09/14/22
ARTICLE Il- MEMBERSHIP
Section 1. MEMBERSHIP REQUIREMENTS
A The
membership of the Pala Band shall consist of Those persons whose
names appear on the Pala Allotment Roll as approved by the Secretary of the
Interior on April 12, 1895, and November 38,
19135, who were living on the date of
approval of the Pala Band’s original Articles of Association by the Commissioner
of Indian Affairs (the “Allotment Rolls”); the
Enrollment Rolls of November 3, 1913, November 26, 1961, and January 15, 1978,
and the current Enrollment Roll of the Pala Band.
B All
living descendants of persons on the Allotment Rolls covered in Section (1A)
above regardless of whether the original allottees are ancestor
is living or deceased, shall be eligible
for membership in the Pala Band, provided that they are direct
lineal descendants and have one-sixteenth (1/16) or more degree of Indian blood
of the Pala Band.
C Those persons who have been adopted
by the Pala Band shall be members of the Pala Band, provided that and such adoption has been approved by the Bureau
of Indian Affairs.
Section 2. MEMBERSHIP ROLL
The Executive Committee shall keep the membership roll current
annually by striking
therefrom the names of persons who have relinquished in
writing their membership in the Pala Band
and of deceased mMembers upon receipt of a death certificate or other
evidence of death, arid by
adding the names of children born to members who meet the membership requirements.
Section 3. MEMBERSHIP IN OTHER TRIBES OR BANDS
No person may be a member of
the Pala Band Member who is a
member of any other Indian tribe that: is
federally recognized, claims to be federally
recognized, or is seeking federal recognition; or is state recognized.
Indian tribe or band. Membership in
another tribe shall include actual membership in the tribe (such as inclusion
on that tribe’s membership rolls) as well as an affirmative claim by the
individual that he/she is a member of that tribe. Should a member of
the Pala Band Member in any other tTribe
or Band, he/she shall immediately notify the Pala Band ofsuch other
enrollment. Enrollment in another Indian
tribe shall result in immediate and his/her membership in the Pala Band will
be deemed to have been relinquishmented of membership in the Pala
Band effective on as of the date of enrollment in the other Tribe or
Band regardless of whether or not the required notice is given.
If a member of another tribe or
Band is eligible for enrollment in the Pala Band and applies for
membership in the Pala Band, that person individual must relinquish his/her membership in
the other tTribe
or Band prior to being added to the membership rolls of the Pala Band and must
present the Pala Band with evidence satisfactory to the Pala Band of having
done so. Should a member of the Pala Band enroll in
any other Tribe or Band, he shall immediately notify the Pala Band of such
other enrollment and his/her membership in the Pala Band will be deemed to have
been relinquished effective on the date of enrollment in the other Tribe or
Band whether or not the required notice is given.
ARTICLE IX - AMENDMENTS AND 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.
Section 2. FUTURE AMENDMENTS
This Constitution
may be amended by a two-thirds (2/3) vote of the voting members of the
Pala Band at an election duly-called for this purpose in
which not less than half of the eligible
members of the Pala Band cast their ballots.
