Showing posts with label Pala Enrollment Committee. Show all posts
Showing posts with label Pala Enrollment Committee. Show all posts

Thursday, December 13, 2012

Pala's Enrollment Committee Violated Their Own Ordinance

Pala's Executive Committee is also Pala's Enrollment Committe.  Pala has an Enrollment Ordinance.  It's had one since the 1960's.  It was changed in 2005 and again in 2009.

What always bothered me is that Pala's Enrollment Committee violated their own ordinance.

The Ordinance States:

"BE IT FURTHER RESOLVED, that the Executive Committee of the Pala Band, by adoption of this revised Ordinance, does not intend to alter or change the membership status of individuals whose membership has already been approved and who are currently listed on the membership roll of the Pala Band of Mission Indians..."

I think most tribal members read that in 2005 when the Ordinance was revised and took it to mean the rolls were locked in.  No one was getting disenrolled.  In the early 2000's the issue of Margarita Brittain's blood degree would boil to the surface during General Council meetings.  After many years of sitting in General Council meetings listening to people trash Margarita Brittain Robert Smith spoke up one meeting and said the issue was over and would never be brought up again.  A 10 year moratorium was put in place on changing the rolls at all except for new membership.

Thus when the disenrollments started happening it was a pretty big shock to me and I suspect to many.  We have had our political differences but I though we all agreed we were tribal members.  I guess I was wrong.
Pala Enrollment Ordinance No1 Rev 2009

Tuesday, December 4, 2012

On the 1913 Pala Allotment Roll Margarita Brittain is 4/4

In the late 1950's and early 1960's Pala sought to organize itself.  Part of this process was establishing a government to government relationship with the BIA which meant establishing governing documents.  Pala worked to establish the Articles of Association as its governing document.

Pala also sought economic development.  Part of economic development involved per capita payments to its members from business enterprises.  In order for this to happen Pala had to establish an enrollment standard and the BIA had to approve the rolls. This lead to the establishment of Ordinance No. 1 which governed enrollments.

Pala decided to use the 1913 Pala Allotment Roll as the base roll for the tribe.  The original Pala Allotment Roll was hand written by alloting agents and did not have blood degrees.  In the 1960's Pala and the BIA reconstructed this roll to include blood degrees using notes from the Alloting agents, Individual Family History Cards, and other documents.

The Pala Enrollment Committee had 5 points to consider:


Pala Enrollment Committee - 5 points to be considered for enrollment

Notice the Pala Enrollment Committee recommended a minimum blood degree of 1/16.  This was because they wanted to look out for their grand children and great grand children.

Here is the 1913 Pala Allotment Roll as reconstructed in the 1960's.  Margarita Brittain is listed as 4/4 and her children as 1/2:

1913 Pala Enrollment Approved by Secretary of the Interior




Every name on the 1913 Pala Allotment Roll is listed as either 4/4 or 1/2.  This because one had to be at least 1/2 to receive an allotment at Pala.  Margarita's children received allotments.  Also note there is no distinction as to what type of blood degree each person had.  There was a mix of Indians living at Warner's and Indians already living at Pala.  As such Pala is a "Band" of Mission Indians which include Kupa, Luiseno, Kumeyaay, Cahuilla, and Yaqui.  Blood Degrees in the Articles of Association came to be known as "Pala Blood" rather than distinguishing from each group.

Here is Margarita Brittain's selection for Allotment:

1911 Margarita Britten Selection for Allotment (Brittain)

You will notice that the Alloting agent that signed Margarita's allotment selection was L.W. Green.

When Pala inquired into Margarita Brittain's blood degree in 1962 they received this letter from the BIA:
1962 Feb 27 Letter from the Department of the Interior - Margarita Britten Full Blood Cupa Indian


Notice that it was the alloting agent L. W. Green who made a record that Margarita Brittain was a fullblood Cupa Indian.

My copy of the 1913 Pala Allotment Roll came from my Grandmother, Pauline Pink.  This is the letter that she received with her copy of the roll:

1967 Jan 12 Letter to Pauline Pink Accompanying the 1913 Pala Allotment Roll

Saturday, July 7, 2012

Pala Disenrollment Letters

The Pala Executive Committee which is also the Pala Enrollment Committee has issued another disenrollment letter to re-finalize their final decision they made final.  Did I mention they made yet another final decision?

Here is the first letter they sent to 154 tribal members dated February 3rd, 2012.  Notice that no specific reason was given for the disenrollments.  They make mention of reviewing enrollment information but if they truly reviewed all the information we submitted they would have determined we should remain enrolled.

I alone submitted over 50 pages of documentation which they didn't even look at.  I know many other family members also submitted all sorts of documentation.


3 Feb 2012 Pala Disenrollment Letter



This next letter dated June 7th, 2012 attempts to imply that since the BIA did not offer a recommendation within 30 days of our disenrollment the disenrollments are therefore finalized.

However anyone with common sense knows this isn't how the appeals process works.  Yes, we had 30 days from the date of disenrollment to appeal that decision to the BIA.  We did appeal within 30 days to the BIA.  However, the BIA took 4 months to respond to the appeal.  We have no control over how long the BIA will take to respond to an appeal.  It could have taken longer.


7 June 2012 Pala Disenrollment Letter


On June 7th, 2012 the BIA recommended that all 154 disenrolled tribal members should remain on Pala's rolls.


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


The Pala Enrollment Committee issued a 3rd disenrollment letter on July 2nd, 2012.  This one states they received the BIA recommendation but they claim since we submitted "no new evidence" the disenrollments are final.  We submitted all sorts of documentation.  They chose to ignore it.


2 July 2012 Pala Disenrollment Letter


We know the Pala Executive Committee's purpose was to disenroll Margarita Brittain descendents.  No written reason was ever given as to why we were disenrolled.  Verbally it has been stated that we have no proof of who Mararita's father was. 

We actually do have proof including but not limited to the Individual Family History Card for Merced Nolasquez that shows the father of Margarita to be Pelegrino Ortega.

None of our documentation mattered.  We remain the only family group that I know of being asked to prove who the parents are of a 1913 Roll allottee.  No one is asking who the father of Sylvario Nolasquez was.

Monday, June 25, 2012

Why Are The Brittain Descendents Being Held to a Higher Standard Than Other Pala Tribal Members?

The Brittain Descendents are being held to a much higher standard than any of the other tribal members at Pala.  Why is this the case?  Ok, we all have some theories so insert your own here.

On the surface is the claim that we do not know who Margarita's father is.  We do know who her father is.  Her father is Pelegrino Ortega.  We also know from the sworn testimony of Carolina Nolasquez that Margarita and Merced had the same father.  Thus, if you really believe we do not know and cannot prove who Margarita's father is then the same must hold true for Merced.

As discussed in the comments on the prevoious post the documents provided there layout how the Pala 1913 Allotment Roll was created.  A hand written document of the allotment roll was used to establish the base roll of the tribe.  This hand written document did not have roll numbers or blood degrees.  The BIA then used other documents such as Family History Cards and notes made by Special Alloting Agent Mr. L.W. Green to reconstruct the base roll of the tribe with allotment numbers and blood degree.

On this reconstructed roll Margarita Brittain is listed as 4/4.  Her children are listed as 1/2.  To get an allotment one had to be at least 1/2.  You will notice looking at the 1913 rolls that everyone is either 4/4 or 1/2.

In the early 1960's Pala's Enrollment Committee set out to develop criteria for how Pala would determine its membership.  A statement was issued by the Enrollment Committee that goes over 5 points for considering enrollment.  You can read that statement below:

Pala Enrollment Committee - 5 points to be considered for enrollment

You will notice how the Pala Enrollment Committee was looking at considering anyone who was removed from Warner's to be counted as full bloods.  Whether this policy was officially adopted or not I do not know.  If it was officially adopted then I would think my Great Grandfather James Brittain who was part of the removal would be counted as 4/4 and not 1/2.

Others on the 1913 Rolls do appear as 4/4 that are not 4/4 Kupa which suggests that some deference was given to those who were removed from Warner's.

Case in point is Rocinda Nolasquez.  She was not 4/4 Kupa.  Her Grandfather Sylvario Nolasquez was "Mexican Indian" (Yaqui).  We can see this on her 1928 Application here:


Rocinda Nolasquez 1928 Application

Most of us who were removed from the Pala tribe starting in June 2011 have no real idea why the tribe considers us disenrolled.  The first 8 to be disenrolled received letters suggesting the 1928 application for Juana Regetti Freeman was the reason.  The remaining 154 disenrolled on February 3rd 2012 received no explanation or reason for the disenrollment.

We know from prevoious BIA documents that the BIA stated the 1928 applications for Margarita Brittain's chidren were tampered with and were not to be relied on for considering blood degree.

We also know Robert Smith requested the 1928 applications for Margarita's Children on June 2nd, 2011 and June 23, 2011.  See the following letter addressed to Robert Smith from the BIA:


13 July 2011 Robert Smith Request 28 Applications for Brittain Descendents


If Robert Smith and the rest of Pala's Executive Committee (Enrollment Committee) now wishes to use the 1928 Applications for determining membership in Pala then why didn't Robert Smith request the 1928 applications for everyone?

Clearly based on this new standard Rocinda Nolasquez should be considered 1/4 Kupa not 4/4.  If we trace her mother's blood it's posisble Rocinda could be 3/4 but I am not familiar with her mother's ancestry.

A commenter wrote this earlier:

"Also, Rocinda Nolasquez grandfather was Sylvario Nolasquez. Her father was Salvador Nolasquez. Her mother's lineage was called foreign in Jane Hills notes...although her mother was Native. Roscinda would have been 1/4 Kupa if we do not count her mother's Indian blood. Rocinda would have been as much as 3/4 American Native if we add her mothers blood."

There are many many other tribal members who would not meet the membership requirements of Pala if the 1928 applications were used to determine Pala Membership.

So, is this the new standard at Pala even though the BIA has stated the 1928 applications are fraught with errors?  Is this the new standard even though one of Pala's original Enrollment Committees wanted to consider anyone removed from Warner's as full blood?

If this is indeed the new standard Pala Tribal Members need to beware.  Robert Smith can at any time request the 1928 applications for your ancestors and remove you from the tribe in a moment's notice.  The descendents of Sam Barker and Remijio Lugo should be concerned as should many others.

Let me state for the record that I do not wish to see anyone else removed from Pala.  I just want Pala to stand on Custom and Tradition, the Articles of Association, and the Constitution which clearly state the 1913 Allotment Rolls are the base roll for the tribe.  You have to be at least 1/16 blood of the band and a lineal descendent from the 1913 rolls to be a member of Pala.

This is what our elders wanted.  This is what they established.  By creating this new standard Robert Smith and the Executive Committee have put the entire tribe in peril.

If you have been told you have nothing to worry about because the Executive Committee won't disenroll you don't believe it.  They said the same thing to many families in the summer of 2011.  They told many of the Brittain Descendents they had nothing to worry about they were not getting disenrolled.

Look where we are today.  We know Robert Smith requested the 1928 applications for Margarita's children as early as June 2011 well before the enrollment committee told people they were not disenrolling anyone else.

The tribe is in serious jeopardy of being torn apart and reduced down to half the size it is today.  The General Council should seek to remedy this situation as soon as possible before more people are disenrolled.  It is already rumored that Pala is looking to disenroll 60 more people.  Are you next?

Wednesday, June 13, 2012

The Pen and Ink Changes on the 1913 Pala Allotment Rolls

One of the sources of the continued persecution of the descendents of Margarita Brittain is a copy of the 1913 Pala Allotment Rolls Pala had in its possession in the formative years of its tribal government.

In the 1950'a Pala began formally organizing itself as a tribe and establishing a government to government relationship with the BIA.  Part of this process was establishing the governing documents of the tribe - the Articles of Association.

Pala was also exploring economic development.  They began looking at leasing out some of their land to Sand and Gravel operations.  This was to help provide funding for the tribal government and per capita payments to its members.

Before per capita payments could be made Pala would have to define how it determined its membership and adopt a distribution plan.  Pala decided it would use the 1913 Pala Allotment Roll as the base roll of the tribe.  To be a member one must show lineal descent from the 1913 Pala Allotment Roll and poses at least 1/16 "Pala" blood based on that roll.  This has been enshrined in Pala's governing documents for over 50 years and has been custom and tradition for at least as long.

Sometime in the late 1950's or early 1960's some unknown individual used a pen to circle the 4/4 for Margarita Brittain's blood degree and wrote next to it 1/2. This unknown person then wrote 1/4 next to all her children.

This pen and ink change was made despite the fact that in 1962 a letter was sent to the Pala Enrollment Committee clearly stating Margarita Britten (Brittain) was full blood.

When this occurred and who made the pen and ink changes is largely unknown. Pala then went on to recognize this pen and ink change until the error was discovered. An appeal was then made to the tribe and the BIA to restore Margarita Brittain's blood degree. This is all referenced in the 1989 letter from the Department of the Ineterior to Pala Chairperson Patricia Nelson

The BIA found that the pen and ink change did not appear on the original roll housed in Washington D.C. Further, they found no record or reference justifying the change.

When the Pala Enrollment Committee asked for documentation to verify our blood degree I included a copy of the 1913 Pala Allotment Roll sent to my Grandmother Pauline Pink. I have included here the letter sent to her along with the complete roll. I heard by rumor that the Pala Enrollment Committee claimed the roll to be a forgery of some sorts or that it was tampered with.

I have the original document. It is no forgery which is clear to anyone who sees it. I have uploaded a full copy of that roll.

Further, the only way an individual could obtain an allotment was to be either full blood or half. All of Margarita's children were given allotments. Thus, how can any of them be considered anything but at least 1/2 Indian Blood? As usual, logic does not apply when we consider who sits on the current Pala Enrollment Committee and logic certainly does not apply to Pala's current Chairman, Robert Smith.

Robert Smith has been Chairman of Pala for over 20 years. People of Pala - do you not think it is time for a change in leadership? 1913Nov3_PalaAllotmentRoll_PenandInkChange0001 1967 Jan 12 Letter to Pauline Pink Accompanying the 1913 Pala Allotment Roll 1913 Pala Enrollment Approved by Secretary of the Interior

Tuesday, June 12, 2012

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