Monday, January 10, 2011

Pechanga Tribal Council Should Follow Tribal Law Rescind Disenrollments

Hunter cousin, 'aamokat, has put together a post that details what happened during a valid petition presented by Anthony Miranda, former head of CNIGA, who presented the petition halting ALL disenrollments in order to keep the tribe from fragmenting further.  Unlike the recent petition to recall the corrupt tribal council leader Mark Macarro, Miranda's petition was ruled VALID by the people.

The following petition was declared justified by a vote of the Pechanga General Council (General Membership) on June 19, 2005 and was voted into the law by the General Council (General Membership) on July 17, 2005.

PETITION
JUNE 19, 2005

The purpose of this petition is to repeal the disenrollment procedures and declare all currently enrolled members as meeting the qualifications for membership for all purposes under the laws and customs and traditions of the Band.
The reason for this petition is to bring harmony and peace back to the membership.

For all purposes under the laws and customs and traditions of the Band, the General Council of the Band hereby declares
1) The Disenrollment Procedures is repealed effective June 19, 2005
2) All persons whose names appear on the membership roll as of June 19, 2005, constitute a base roll and meet the qualifications for membership in the Constitution and Bylaws.
3) Any persons who proves an unbroken chain of lineal descent from a member is (2) also meets the qualifications for membership in the Constitution and Bylaws.
4) It is unlawful for the Enrollment Committee to investigate members for disenrollment purposes.”


During the debate of the measure the Pechanga legal department declared that it was within the tribe’s authority to pass this petition as written into law per the Temecula Band of Luiseno Mission Indians Constitution and Bylaws, sometimes referred to as the Pechanga Band of Mission Indians (title of the tribe is from the preamble of the Band’s Constitution and Bylaws). So the all the provisions of this law are legal and binding.

Also during the debate of the measure Chairman Mark Macarro said, when asked if the Hunters were covered by the new law if it was passed, “all means all” So it was very clear that the people were voting to end all disenrollments including the pending Hunter case. In addition, elder Norman Pico commented that disenrollment was not even mentioned in the Constitution and Bylaws so it was not stipulated that the enrollment committee had the final authority in such matters so the people were the final authority to stop the Hunters disenrollment which they did when they approved the law outlawing disenrollment.




Article VIII of the Band’s Constitution and Bylaws states the following:

“THE SIMPLE MAJORITY OF MEMBERS PRESENT SHALL RULE AND DECIDE IN ALL MATTERS OF GOVERNMENT AND BUSINESS OF THE BAND UNLESS STIPULATED OTHERWISE IN THESE BYLAWS.”

Article V of the Band’s Constitution and bylaws states the following:

“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 the disenrollment of the Hunters on March 16, 2006 was clearly illegal as, among other reasons, the disenrollment procedures to move against the lineal descendants of Paulina Hunter, no longer existed as of the justification date of the petition of June 19, 2005 so any decisions made by the enrollment committee and the tribal council regarding our disenrollment are null and void.   Anyone who wants to lead the tribe should see that immediately.  Simply stated, council members including Russell "Butch" Murphy and Mark Macarro did not do their duty.

We are asking the elected officials of the Temecula Band of Luiseno Mission Indians, sometimes referred to as the Pechanga Band of Mission Indians, to do their duty as mandated in the Band’s Constitution and Bylaws to reinstate us to our rightful place in accordance with a duly passed tribal law.

Current tribal members, is there anybody out there who has the courage to insist that tribal law be followed?  I was told by a sitting tribal councilman after our illegal disenrollment that things will be made right so why not now? Also, a long time member of the PDC told me, also after our disenrollment, that he wasn’t afraid of the CPP who orchestrated our disenrollment. 

So if that is the case, then why isn’t he personally insisting that tribal law be followed?
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