Monday, March 2, 2009

Guest Blogger Responds to Pechanga's Disenrollment Challenge: Part TWO

'aamokat continues his takedown of the Pechanga person providing pap in place of proof

"Hence, the non-members mislead others by falsely claiming violations of civil rights and human rights. These concepts do not apply here. Tribal practice decides.

YES, TRIBAL PRACTICE DECIDES BUT WHAT IF TRIBAL LEGAL PRECEDENT AND CUSTOM AND TRADITION ARE NOT FOLLOWED?


FOR EXAMPLE, IN THE TRIBAL COUNCIL LETTER OF MARCH 14, 2006 THAT WAS SENT TO THE GENERAL MEMBERSHIP THAT SAID THE HUNTERS WERE NOT INCLUDED IN THE PETITION OF JULY 17, 2005 THAT OUTLAWED DISENROLLMENT, THE TRIBAL COUNCIL CLAIMED THAT THE ENROLLMENT COMMITTEE WAS THE FINAL AUTHORITY IN ALL ISSUES OF ENROLLMENT AND THAT THE GENERAL MEMBERSHIP COULD NOT INTERRUPT OR QUESTION DECISIONS OF THE COMMITTEE REGARDING ENROLLMENT OR DISENROLLMENT.

BY THE WAY, THE HUNTERS RECEIVED THEIR LETTERS INFORMING THEM THEY WERE DISENROLLED DATED MARCH 16, 2006. OBVIOUSLY TOO LATE TO RESPOND TO THE TRIBAL COUNCIL RULING OF JUST TWO DAYS PREVIOUS.

HOWEVER, TRIBAL LAW PRECEDENT, CUSTOM AND TRADITION, AS WELL AS THE PECHANGA CONSTITUTION AND BYLAWS THAT SAYS THE GENERAL MEMBERSHIP IS THE FINAL AUTHORITY IN ALL MATTERS OF TRIBAL GOVERNMENT SAYS JUST THE OPPOSITE.

THE PRECEDENT I WILL AGAIN CITE IS THIS. AT A SPECIAL SINGLE SUBJECT TRIBAL MEMBERSHIP MEETING HELD ON APRIL 20, 1986 THE HEIRS OF ROSE MURPHY, INCLUDING CURRENT PECHANGA COUNCILMAN RUSSELL BUTCH MURPHY, HAD THE ENROLLMENT COMMITTEE'S DECISION NOT TO ENROLL THEM OVERRULED BY A VOTE OF THE GENERAL MEMBERSHIP.

SO MR. MURPHY IS LIVING BREATHING PROOF THAT THE GENERAL MEMBERSHIP IS THE FINAL AUTHORITY ON MEMBERSHIP ISSUES.
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