Pala Mentioned In National Law Review

There is a long article out titled:

Confederated Tribes of Grand Ronde Community v. Jewell and Other Selected Cases: Indian Nations Law Update August natlawreview.com

Here is an excerpt.   Click the link above if you want to read the whole article.

"In Aguayo v. Jewell, 2016 WL 3648465 (9th Cir. 2016), the Pala Band of Mission Indians (Tribe) amended its constitution in 1997 to authorize its Executive Committee to replace its existing Enrollment Ordinance with an ordinance governing “adoption, loss of membership, disenrollment, and future membership.” The U.S. Bureau of Indian Affairs (BIA) approved the constitution in 2000. In 2009, the Executive Committee adopted a new enrollment ordinance giving itself the power to “reevaluate” an applicant based on “misrepresented or omitted facts that might have made him/ her ineligible for enrollment,” and remove such members from the rolls. The ordinance permitted an aggrieved person to appeal to the BIA’s regional director but also provided that the regional director could merely make a recommendation and that the Executive Committee would have ultimate authority over enrollment decisions. The Executive Committee determined that the blood quantum of Margarita Britten, a Pala Indian born in 1856, had incorrectly been listed as “full blood” but should have been listed as half- blood. The committee subsequently disenrolled over 150 of her descendants who could not satisfy the Tribe’s 1/16 blood requirement. Many of them appealed to the BIA regional director, but the regional director, and later the Assistant Secretary – Indian Affairs (AS-IA), determined that BIA’s role was purely advisory under the Tribe’s constitution."

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.

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

BIA Recommends All 162 Pala Members Remain Enrolled

I am posting this again as I think it is important.


Bureau of Indian Affairs Pacific Regional Director Recommends All 162 Disenfranchised Pala Members Be Enrolled

Bureau of Indian Affairs Pacific Regional Director Recommends All 162 Disenfranchised Pala Members Be Enrolled

Pala Disenrollees received their recommendation today from the BIA that they should all be enrolled with the Pala Band of Mission Indians which has been the case since 1989 when the BIA made its final determination that Margarita Brittain is a full blood Kupa Indian.

Also posted at Original Pechanga's Blog

Bureau of Indian Affairs Pacific Regional Director Recommends All 162 Disenfranchised Pala Members Be Enrolled