Pala Constitution Approval Dates Changed

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.

2018 March 28 BIA Date Correction Letter of Pala Constitution Approval by kupa7 on Scribd

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

Cupa News #10 and Supporting Documentation

Cupa News #10 by kupa7 on Scribd

1995 Apr 18 BIA Arlene Lacy Doc 37702-P5 by kupa7 on Scribd

1995 Aug 11 BIA Michael Smith by kupa7 on Scribd

1996 Feb 2 RS to RJ PBMI Constitution by kupa7 on Scribd

1996 Nov 13 BIA Francis Muncy by kupa7 on Scribd

1997 Dec 23 PBMI Constitution Needs Majority Vote by kupa7 on Scribd

Agua Caliente Cupeno v Assistant Secretary Indian Affairs Kevin Washburn

We are Cupeno.  We were forcibly removed by the U.S. Government in 1903 from our village at Kupa which is known today as Warner's Hot Springs.  The U.S. Government bought land for us adjacent to the Pala Luiseno Reservation (Old Pala) in an attempt to replace what we have lost.  They called us Warner Ranch Evictees.  

For too long the Cupeno have pushed around.  It is time for the Cupeno to stand up and be proud of who they are once again.  It is time we stop the Executive Committee of PBMI from continually pushing us around, evicting us, stripping us of our rights, and trying to destroy who we are as a people.

HAPPY VETERANS DAY - YOU KNOW WHO YOU ARE - YOU MAKE US PROUD

Agua Caliente Cupeno v Washburn

Robert Smith - Chariman of the Luisenos

Once again BIA Pacific Regional Director Amy Dutschke refers to Robert Smith as Chairman of the Luisenos in April of 2015.  Yesterday this video was published claiming Robert Smith to be Chairman of the Pala Band of Mission Indians.  In this video Robert says "As chairman of the Pala Band of Mission Indians, I am dedicated to preserving our place in California’s history."

What's your place in California History Robert?  Trying to claim the Cupeno and Luiseno are "one people"?  Disenrolling and disenfranchising descendants of Warner Ranch Evictees?  Conducting business as Chairman of the Luisenos and masquerading as Chairman of PBMI?

Robert Smith Chairman of the Luisenos

Questions For the Next PBMI General Council Meeting

I would like to thank commenters for raising important issues that need to be addressed at the next General Council meeting.

Here are some questions and issues that should be raised:

First off the meeting is being held on Veteran's Day.  Robert has always disrepected Veterans as well as elders.  This meeting should be canceled.

Where is Howard Dickstein's Contract?  Why is he not on the list?  Kilma said Howard was getting 5% of the casino revenue each month.  Who approved that?

How many contacts did Sara Dutschke Setshwaelo really have? First she was hired as an individual, then through Karshmer and Associates, and now through Dentons US LLP.
 
We all know Sara Dutschke Setshwaelo was hired to help disenroll the Brittains.  Why should the tribe pay for an attorney who hurts its own membership.

Who gets to approve Sara's contract?  Her Aunt who happens to be BIA Pacific Regional Director Amy Dutschke?

Where is Karshmer's Contract?  She was working for the tribe for how long?  Since Karshmer is the one that reviewed the Constitution she should know attorney's contracts need General Council Approval and Secretary of the Interior Approval.

Anyone remember when Karshmer got term limits reversed?

Newsflash Kimberly Kluff no longer works for Foreman and Associates.  She currently works for Morongo.

Robert is trying to even get retroactive approval for contracts that are no longer in operation.

What are these attorneys doing for the tribe?  Obviously these attorneys are not representing the tribe, they are representing Robert.  Why does Robert need so many attorneys?

How much are these attorneys getting paid?

Since these contracts pre-dated the Brittains being disenrolled shouldn't they be allowed to vote on them as well since they are affected parties?

Robert Smith's illegal Constitution cannot be amended at a General Council meeting.  It's too late to go on the ballot for the General Election.  It would have to be a General Election called specifically to amend the illegal Constitution.

Don't give the Executive Committee power to remove members and non-members without General Council approval.  To do that would require a Constitutional amendment anyway to transfer that power.  The Executive Committee should make their case for removal of each individual they are targeting to the General Council.  Too often the Executive Committee has used their power to punish and hurt others they view as political opponents.

PBMI members should ask for a bonus for $30K especially since this will be the last year the Brittains are not on the rolls.  If Robert asks where is the money going come from, tell him from the Tribal Gaming Authority which is authorized to expend from the gross revenues for per capita.

If he says there is no money tell him to get it from Pala Interactive,  the avocado grove, lease monies, property investments, and other ventures unknown to the GeneralCouncil.  Robert can also sell 50 of the tribes vehicles and sell the Jets.  Who needs golf anyway.  There's always Sage Capital.  Dividends are high this year, sell some stock.  Maybe the bonus should be $40K.

By the way, where did the minor trust funds go?  Perhaps $50K is more appropriate.

Andrew W. Twietmeyer's Letter to Sara Dutschke Setshwaelo

Andrew W. Twietmeyer Letter to Sara Dutschke Setshwaelo

Robert Smith - Chairman of the Luisenos

It appears Pala has two chairmen - Robert Smith Chairman of the Pala Band of Mission Indians and Robert Smith Chairman of the Luiseno Indians.  Inside Pala, Robert Smith is known as the Chairman of the Pala Band of Mission Indians.  Outside Pala when conducting business such as internet gaming Robert Smith is known as the Chairman of the Pala Luisenos.  BIA Pacific Regional Director Amy Dutschke when conducting business with Robert Smith in 2014 refers to him as Chairman, Pala Band of Luiseno Mission Indians.  The letter below seems to indicate Robert Smith Chairman of the Luisenos is seeking to add more land to Old Pala.

Pala 345 Acre NOD