Wednesday, October 6, 2010

How Pechanga's Moratorium and Disenrollments are connected

Hunter cousin A'amokat has put together some information on how the Pechanga Band of Luiseno Indians' moratorium on enrollment and their tragic disenrollment of true Pechanga people are connected.    Please read and share with your friends.  I've added some commentary to A'amokats piece  Did you know you can share these posts on Facebook and Twitter?   There are links at the top of the page.

Some Connections Between the Moratorium and Disenrollment


In March 2002 when new members of the Pechanga enrollment committee were elected by the tribe and took office, including members of both the Manuela Miranda and Hunter families, they found that the committee had not been doing the job they were elected to do and the new committee members felt, after trying to deal with the issues on the committee internally, it was their obligation to report their findings to the tribal council, led by Mark Macarro.

The allegations made by the new enrollment committee members included but were not limited to:

1. Applications that had the required number of signatures for approval (6) but were never processed. When confronted with this a committee member who was responsible for processing new applicants, a descendant of Candarlaria Nesecat Flores, replied, “I don’t care if it has 24 signatures on it, if I don’t think there is a bloodline, I’m not processing it.”   OP:   Frances Miranda was a descendent of Flores, and was on the enrollment committee.

2. Some 40 applications of children of enrolled tribal members were banded and set aside so they would not be processed because the committee members from the CPP faction of the tribe, who to that point had controlled the committee by having a majority, had no intention of enrolling these childrenOP:  Keeping children from their rightful place in the tribe.   Their lineal descent was proven.  This created a virtual moratorium on membership.

3. The new committee members found that there were families where one sibling was enrolled and another was not, even though both submitted identical applications at the same time.

4. Applications that were placed in the moratorium, even though the applications were submitted prior to the deadline, and the individuals had repeatedly contacted the committee to follow up on their status.

5. Refusal to sign enrollment applications or birth certificates for individuals who are members of families they don’t like.

So if these applications were never approved, even those who were the minor children of enrolled members but who are adults now, that means there are dozens of people, if not more, who ended up in the moratorium who never, even under the unconstitutional law that is in place now, should have been there in the first place.   OP:   Think of the implications.  The CPP was working to control VOTES.  Imagine of there were 10 more voters who would be in opposition to their plans.   They would have been stalled.   One vote to end all this lost by four votes.

After the new enrollment committee members made their allegations to the tribal council the committee members who the allegations were made against, including members of both the Masiel/Basquez and Candalaria Nesecat Flores families, served the new committee members with disenrollment papers even before any evidence questioning their tribal membership had even been submitted against them or their families.

This first effort failed but after this their supporters(from the CPP faction), consisting of at least nine of their close family members; including a brother, a son, nieces, and nephews; demanded to meet with the enrollment committee and they submitted statements (which amounted to hearsay) against the committee members’ tribal membership who had accused their relatives of wrong doing on the committee.

Needless to say, reportedly the tribal council never acted on the allegations of wrong doing on the committee made by the newly elected committee members as reportedly the attorney from Indian legal services said he could not advise them on the subject after reportedly being told by the tribe’s legal council to not get involved.

But worse yet, even though there was a clear conflict of interest, those family members from the Basquez/Masiel and Candaralaria Nesecat Flores families (CPP faction) were allowed to rule on the disenrollment cases of both the Manuela Miranda and Hunter families.

By the way the allegations by committee members from the Hunter and Manuela Miranda families had made against those committee members from the Basquez/Masiel and C.N. Flores families officially were not part of the Hunters’ and M. Mirandas’ disenrollment cases but unofficially they seem to have everything to do with them as reasonable people could conclude that retaliation was involved.

Article V of the Band’s Constitution and Bylaws states:

"IT SHALL BE THE DUTY OF ALL ELECTED OFFICIALS OF THE BAND TO UPHOLD AND ENFORCE THE CONSTITUTION, BYLAWS, AND ORDINANCES OF THE TEMECULA BAND OF LUISENO MISSION INDIANS; AND ALSO, TO UPHOLD THE INDIVIDUAL RIGHTS OF EACH MEMBER WITHOUT MALICE OR PREJUDICE."

So how does allowing people my Hunter family member had accused of wrongdoing on the enrollment committee and whose close relatives had submitted statements against my family’s tribal membership not violate this equal protection clause of the Band’s constitution and bylaws? 

So is it any surprise that we were disenrolled? I think not!

Early civil rights battles:

I think most people today would acknowledge that grave injustices were done to black people in this country over the years, especially in the southern regions of the United States where they were literally, even after slavery was outlawed, second class citizens by custom and tradition as well as by actual law.

However, even in the in the deep south before the advent of the civil rights movement, if, for example, a black man was accused of a crime, it would have been frowned upon to have the brothers, sisters, sons, daughters, or close cousins of key prosecution witnesses sitting on a jury that was going to decide his innocence or guilt and to have one of their relatives acting as a judge during his trial.  OP:  Currently, our newest Supreme Court justice, Elena Kagan is recusing herself from almost 50% of the case load, because as solicitor general, she had a part in siding with our government.  Even if she contemplated bringing suit or participating, she recused herself.    Now, why wouldn't the tribal council RECUSE someone who had a DIRECT stake in terminating members? 

But that was exactly what happened to my family, the descendants of Paulina Hunter, when we were disenrolled from our tribe in what is supposed to be the more enlightened 21st century. So yes, contrary to what some people would have you believe, our civil rights were violated.

So if it is wrong for it to happen to blacks, then why not Indians. After all, aren’t we American citizens too?

Read why we need enforcement of ICRA (Indian Civil Rights Act)

26 comments:

'aamokat said...

That is the thing, when the people on the enrollment committee who wanted our families out of the tribe couldn't do it directly themselves they just got their relatives and their supporters to file disenrollment challenges against us.

So we really were accused, tried, and convicted by the same people.

So tribal hack, come here again and tell us how we got due process of law and give details this time.

Can I prove the allegations that my family member made against the CPP family members?

No, personally, even though I believe they are true, I can't as I wasn't on the committee but I can prove that the allegations were made and that those committee members in question were asked to step aside from ruling on our case due to conflict of interest.

We have six letters written prior to our disenrollment to the enrollment committee and/or the tribal council that detail this.

And no, as I said in my article, those allegations had nothing to officially to do with our disenrollment but in reality they had everything to do with it as it really sounds like payback and cover up of corruption to me.

'aamokat said...

But if the allegations made are true, then people have been stuck in the moratorium for years who never should have been there in the first place.

I do believe if there was any kind of audit of the practices regarding enrollment at Pechanga that they could in fact be proved and that even at this late date they should be looked into.

One of things that the CPP did prior to our disenrollment was to spread the rumor that we were trying to take over the government by recalling the tribal council.

We never had any such plans but looking back, I think the CPP knew they were violating tribal law and their allies on the council deserved to be recalled so maybe they should have been recalled.

So Temecula Indians, can we recall them now?

Anonymous said...

Everybody knows that Tribal Politics is a personality contest, the bigger the family the more powerful. And, if you get a large family to ally with yours...well, it is what it is. It will never change, your arguments are valid and sincere, however, when you are in Indian Country, it is sovereign land and the laws are that of the Tribe. Tribes can change their laws and resolutions at the flick of a hat if they want to, and it is their right as a sovereign nation. Unless you get all of the other Tribes to see your side, and you won't, you will have to just talk to this site about it because nobody else is going to help you. Why? because 13 rogue tribes out of hundreds is just not enough to take action. Also, this should have been thought of before you voted to keep adoptions in tact. Why would any Tribe adopt non-ndns is beyond me...go figure. Anyway, I still wish y'all a lotta luck.

Anonymous said...

Although this is all true, who cares enough to stop them? No one in the tribe will stand up to the corrupt tribal council. The only ones who did where the Hunters and Manuela Miranda's and they've been disenrolled for there stand. This is not how a tribe properly functions. Disenrolling those who's opinions they don't like.
There will never be any justice as long as tribes continue to benefit from crimes committed against TRUE NATIVES.
You gave up your sovereignty when you started going against the will of the tribe and bringing in outsiders "adopted" people and replacing tribal members with them.

'aamokat said...

"your arguments are valid and sincere, however, when you are in Indian Country, it is sovereign land and the laws are that of the Tribe. Tribes can change their laws and resolutions at the flick of a hat if they want to, and it is their right as a sovereign nation."

That is why the Indian Civil Rights Act (ICRA) needs to be enforced as tribes aren't even following their own rules.

But you know some people will blame us, the victims, when it happens as they think sovereignty will be eroded instead of the dishonest people who actually cause the erosion.

Ask yourselves, would you be willing to be thrown under the bus if it was you?

I for one don't.

Anonymous said...

The above two posts are an exact pinpoint of what is happening. I do feel that there is shaking going on in the CPP with all the movement outsidde the reservation with Congress, the moritorium people and the two disenrolled families joining forces. The best possible move for the CPP is to relook at the disenrolled families and see the mistakes that were made, time for corrections. The moritorium should be addressed and stopped as this is illegal also. This thing is getting way out of control.

Anonymous said...

The best possible move is to advise all friends to avoid Pechanga. Put it out there what they have done to your families.

Too many people still don't know, even in Temecula.

Support the city in negotiations, comment on news articles and write the city a letter of support so they don't lose their backbone.

Hunter said...

Had the Tosobols in the moratorium enrolled in 1979, the whole thing would have ended up differently.

Hunters and Manuela Miranda heirs were disenrolled because they support the Tosobol family's enrollment.

Their failure has cost our family's Millions of dollars.

'aamokat said...

I don't think we can blame the Tosabols for anything as they have been given the shaft just as we have.

Besides, we need to be united not point fingers at each other as "a house divided must fall."

Besides, there are other families who got stuck in the moratorium who are keeping quiet in hopes of, by not rocking the boat, of getting in and others who have given up even trying.

So I give the Tosabols a lot of credit for not laying down and taking it and for helping to keep these issues out there.

Temecula Indians unite not fight each other!

O Pechanga said...

Agreed. The Tosobol family sent their representative to Washington with Hunter and Apish family.

The incident with the Tosobol family PROVES that Apish-Hunters stood up for them as tremendous cost to us. Our families did what was right.

'aamokat said...

I know some people think about moratorium people, "where were you years ago and why didn't you enroll then?"

But if people did get their applications in before the deadline, then why aren't they enrolled yet?

As even this bogus law has not been fairly enforced.

Another of the allegations made against the CPP enrollment committee members was that there were adults enrolled prior to the 2000 election despite the mortatorium being in place.

My point all along is that the tribe should be by the rule of law not by the whims of whoever happens to be in power and the moratorium should be ruled unconstitutional despite the fact that the law was approved and extended twice by the general membership.

The constitution and bylaws under Article VIII says that the general membership are the final authority in all matters of business and government of the Band except as stipulated in the Bylaws.

It says under Article II that the enrollment committee is to open the enrollment the first month of each year.

So if the tribe, as it did with its deal with the city of Temecula after they were allowed additional slot machines in 2008, want to go through that agreement with a fine tooth comb to find a loophole as to why they don't have to pay what was agreed upon yet, then they should go by the letter of their own Constitution and Bylaws and let the moratorium people in the tribe.

'aamokat said...

My last thoughts for the moment on this subject.

My intentions were to show that there was a connection between people who ended up stuck in the moratorium who never should have been there not to point the blame at anyone.

It points to an ongoing pattern of corruption by certain tribal officials and they are two sides of the same coin.

We are all in the same boat and as I said, "a house divided cannot stand."

Anonymous said...

A house divided cannot stand

True.

A house not supported cannot stand either. Their are not enough Apish, Hunters nor moratorium people doing enough

Anonymous said...

I am part of Tosobal Clan AND the HUNTER WHO blames them for losing Millions of dollars is very funny as the hunters were tribal members at the time and on thier land helping to DISCOURAGE ENROLLMENTS OF TOSOBALS otherwise The Hunters would have done the right thing and informed the family of enrollment they were not informed except by one family member and they were already marked to be excluded YOU see TOSOBALS OWNED MORE RESERVATION LAND THAN ANYONE SO YOU SEE THEY WERE NEVER WELCOME THEY HAVE ALWAYS BEEN KEPT OUT PETRA TOSOBAL WAS ALLOTTED MORE THAN 46.2 ACRES OF LAND BY DEPARTMENT OF INTEIOR YOU HUNTER IF YOU ARE HUNTER SPEAK UNTRUTH DO NOT COMMENT ON WHAT YOU DO NOT HAVE WHICH ARE FACTS WE ARE THE ORIGINAL TEMECULA INDIANS AND HAVE BEEN PURPOSELY KEPT FROM CLAIMING WHAT IS OURS LAND HERITAGE CULTURE YOU HOWEVER CRY AT LOSS OF MONEY WE HAVE BEEN FIGHTING FOR OUR RIGHTS FOR MORE THAN FIFTEEN YEARS AND PART OF THAT FIGHT WAS BECAUSE YOUR HUNTER FAMILY MEMBERS HAVE DIVIDED AND NOT UNITED SO WHEN WILL YOU JOIN US IN THE FIGHT AS ONE WE HAVE WAITED FOR A VERY LONG TIME,UNITE TO FIGHT TEMECULA INDIANS .
POLYSQWALIS SAYS WE ARE STONGER THAN YOU THINK

Anonymous said...

we did enroll in 1979 along with many others I dont belive you are a hunter your fight should be directed at mark macrrow not at the tosobal family you are probly the jackass hack that would like to see all family fight just to keep us out I am the one that went to Washington with the hunters and apish we went to let everyone know what goes on behind everyones back and to speck the truth we must of done soom good or you jackass hack would not trying to start shit so go crawel under your rock and stay there the fight will go on with the tosobal hunter apish and any one elase that would like to join from a proud tosobal member mike R

Anonymous said...

THE HUNTERS BLAMING THE TOSABOLS FOR THIER FAILER? RUNNING OUT OF EXCUSES FOR BEING KICKED OUT? LETS FACE IT, YOUR NEVER GONNA GET BACK IN, SO STOP BLAMING THE TOSABOLS, GO GET A JOB, YOU HAD YOUR CHANCE AND SCREWED IT UP! HA HA

Anonymous said...

I don't read where the Hunters are blaming anyone except the CPP faction. I believe OP was saying that because the Manuela family and Hunter family were on the enrollment committee and found irregulars in the enrollment office, they were direct targets for bringing this to light. It was an article to explain how the dis-enrollments and moratorium are intertwined. People need to just face the fact that there is a SMALL group who have lied and hidden secrets to hijack the government, and take out any opposition to their lies, and misinformation.

stand your ground said...

The Hunters, the Apish, the Tosobol and other families are united in this fight against the Pechanga Corrupt Tribal Officials.

Get this straight we are not backing down.

'aamokat said...

Someone is trying to divide us but that is not going to happen.

For those who don't know, 'aamokat means Hunter in Luiseno, so everyone knows what family line I am from and everyone knows that I am 100 percent behind the Tosabols in their quest to get their rightful place in our tribe just as I am 100 percent behind our getting back what we have lost.


The article here, most of which I wrote, is about how disenrollment and the moratorium are both examples of the corruption that has been going on for years and how they are related, a pattern of behavior that we are trying to stop.

Anonymous said...

Does anybody know when the moratorium will be lifted?

stand your ground said...

HOW IS ANYONE SUPPOSED TO KNOW THAT?
TRY ASKING THE PECHNAGA BAND OF THE DAMNED AND CORRUPT ENROLLMENT COMMITTEE.

Anonymous said...

Just asking a simple question,dont get your panties in a bunch!

stand your ground said...

Well, have you called them and asked them? I would if I wanted to know. Or are you just frustrated?
Leave my panties alone....
I call it as I see it.
LOL...............

Anonymous said...

Dont feel like talking to a answering machine,I take it you never called

Anonymous said...

WE Have called AND there is no one available to speak to--- Banished Tosobal ! or brief chat with ---[Tina laugh in face]IN Tribal Legal DEPARTMENT to say no road its our road .for you hire Helicopter What do you think ? IT has all been documented to CONGRESS protest at Pechanga before we go back to DC let us unite and Bring more Tribes that have been affected we go one,to another to another until we all are HEARD NUMBERS GROWING AT EACH PROTEST INDIAN CIVIL RIGHTS MUST BE ENFORCED !!!!NOW!!!UNITE TO FIGHT! POLYSQWALIS

VetSis said...

I posted this to Facebook. Maybe it will help spread the word. You can / I did post it to Featherspeak on fb... there are lots of first nation followers on there. Meredith Carpenter Sanders