Sunday, October 9, 2011

How the Pechanga Band's Tribal Council VIOLATED Their Own Constitution

Our cousin A’amokat was nice enough to put together a post of how the Pechanga Tribal Council, led by Mark Macarro has violated the Tribal Constitution.

Here are some examples of violations of the Pechanga tribe's constitution and bylaws as relating to the disenrollments and the moratorium.

1. The Temecula Bandof Luiseno Mission Indians constitution and bylaws, sometimes referred to as the Pechanga Band of Mission Indians, states under Article II (membership):

"The membership enrollment will be opened the first month of each year by the Band's Enrollment Committee"

Violation: The moratorium on new adult tribal members because the constitution and bylaws does stipulate open enrollment is the first month of each year.

Under Article VIII (meetings):

"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."

Violation: The tribal council allowed the enrollment committee in 2006 to disenroll the Hunters after the petition to outlaw disenrollment was passed into law by the people in 2005. The people are the final authority in matters of who is enrolled and who is disenrolled, not the enrollment committee, because the Band's constitution and bylaws does not state the enrollment committee has this authority.

Under Article V:

"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, uphold the individual rights of each member without malice or prejudice."

Violation 1: Allowing people who started the disenrollment challenges of disenrollees in both 2004 and 2006 to rule on the disenrollment cases of the disenrollees and who were close relatives of key witnesses against them shows malice and prejudice against tribal members.

Violation 2: The tribal council did not uphold and enforce the law that outlawed disenrollments that was passed in 2005 by allowing the Hunters to be disenrolled in 2006.

There is tribal legal precedent regarding enrollment issues that the enrollment committee is not the final authority in these matters.

In 1986, after the lineal descendants of Rose Murphy including sitting tribal councilman Russell “Butch” Murphy, were turned down for tribal membership, the people voted to overrule the committee to take them in as tribal members.

So the claim in the March 2006 letter from the tribal council to the general membership, just two days before the Hunters were disenrolled, that the people could not question or interrupt the enrollment committee regarding enrollment or disenrollment is flat out not true and Russell Butch Murphy is living proof this is the case!

Here are some examples of violations of the Pechanga tribe's constitution and bylaws as relating to the disenrollments and the moratorium.

1. The Temecula Band of Luiseno Mission Indians constitution and bylaws, sometimes referred to as the Pechanga Band of Mission Indians, states under Article II (membership):

"The membership enrollment will be opened the first month of each year by the Band's Enrollment Committee"

Violation: The moratorium on new adult tribal members because the constitution and bylaws does stipulate open enrollment is the first month of each year.

Under Article VIII (meetings):

"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."

Violation: The tribal council allowed the enrollment committee in 2006 to disenroll the Hunters after the petition to outlaw disenrollment was passed into law by the people in 2005. The people are the final authority in matters of who is enrolled and who is disenrolled, not the enrollment committee, because the Band's constitution and bylaws does not state the enrollment committee has this authority.

Under Article V:

"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, uphold the individual rights of each member without malice or prejudice."
Violation 1: Allowing people who started the disenrollment challenges of disenrollees in both 2004 and 2006 to rule on the disenrollment cases of the disenrollees and who were close relatives of key witnesses against them shows malice and prejudice against tribal members.

Violation 2: The tribal council did not uphold and enforce the law that outlawed disenrollments that was passed in 2005 by allowing the Hunters to be disenrolled in 2006.

There is tribal legal precedent regarding enrollment issues that the enrollment committee is not the final authority in these matters.

In 1986, after the lineal descendants of Rose Murphy including sitting tribal councilman Russell Butch Murphy, were turned down for tribal membership, the people voted to overrule the committee to take them in as tribal members.

So the claim in the March 2006 letter from the tribal council to the general membership, just two days before the Hunters were disenrolled, that the people could not question or interrupt the enrollment committee regarding enrollment or disenrollment is flat out not true and Russell Butch Murphy is living proof this is the case!

18 comments:

Anonymous said...

Do you think anybody in thr tribe cares what you write? Give it up already! How many years have you been disenrolled? Have you gotten any closer to being re enrolled? They don't give a shit what you write ! I've been in this moratorium for fifteen years now, I got on the web just to see how things are going, nothing has changed and it never will, so if I we're you, Id forget about it, Ihave a cousin in the tribe, they say you guy's are a big joke!,

Anonymous said...

You stup help,no matter what we do will never give-up and keep faith no matter how long take !


God ,said share never selfish god it no pleasuer must be share no matter but only linage period!

smokeybear said...

Anonymous said...
Do you think anybody in the tribe cares what you write?
That is foolish talk! Ya, we do think that what we put out there for all to see brings us a little closer to the reality of our plight. You have got to know that the extent of "Corruption" that runs rampant thoughtout our membership has to "Implode" from within in time. Let us hope it is sooner, not later. But it is important to know that we all need to stay focused, for we are the ones that can prove who we are. My Cuz, did exactly what I asked. He posted the pertenant parts of our "Constitution and Bylaws" for all of us who didn't know exactly how the "Tribal Coucil, Membership, and Enrollment Commitee" side stepped and ran a vertual "Kangaroo Court" and didn't follow "Tribal Law!" Our "Bible" as such! Disenrollments were voted out, and they ignored it. Due process was nonexistent. They ignored their own hired expert who proved who we are. That is, in its self, inexcuseable. They used false Indians, A.K.A., Butch Murphy, who was adapted, (and should not even have a standing in our Tribe) to give false witness against us, along with "Criminal Elements:" Rapists, Child Molesters, and the like that spoke against us with "Absolutly" no proof, just their false statements, ignoring every bit of "Credable" evidence we had to offer. This, does, go against "Tribal Law," our "Constitution and Bylaws,", and as for now, "Stripped" us of our "Birthright and Heritage" which we hold so dear. So now is not the time to to let up on these S.O.B."s for we "ARE" making progress and we need to keep the "Pressure" going, for now is not the time to "Backdown," we can "Win this!" They have to be made to listen! You think they don't hear, but they "CAN" be made too! The "Government(Indian Affairs) needs to (NO MUST) be put in the uncompromising position of taking action, starting with "Sanctions," against Pechanga(and all the other Tribes) for the "Corruption, and Treasonous Acts" that runs so deep in Indian Country. "Tribal Law" is just that, the "Law," and when you break the "Law," there are "Consequences!" So we need to stay on course and turn up the "Heat!"

'aamokat said...

Anonymous said...

"Do you think anybody in thr tribe cares what you write? Give it up already! How many years have you been disenrolled? Have you gotten any closer to being re enrolled? They don't give a shit what you write ! I've been in this moratorium for fifteen years now, I got on the web just to see how things are going, nothing has changed and it never will, so if I we're you, Id forget about it, Ihave a cousin in the tribe, they say you guy's are a big joke!"

Did you even read what I wrote?

The first violation of the band's constitution I wrote about was defending you, moratorium people. You should be glad I went to bat for you.

This is what I said:

1. The Temecula Band of Luiseno Mission Indians constitution and bylaws, sometimes referred to as the Pechanga Band of Mission Indians, states under Article II (membership):

"The membership enrollment will be opened the first month of each year by the Band's Enrollment Committee"

Violation: The moratorium on new adult tribal members because the constitution and bylaws does stipulate open enrollment is the first month of each year.

Feel free to use what I wrote to help your cause but, oh I forgot, no one cares what we write so I guess that includes you so, nevermind!

O Pechanga said...

Do you think anybody in thr tribe cares what you write?

Absolutely, they check our blog EVERY day, in fact, more often than those in the moratorium do. If all in the moratorium checked the blog as often as Pechanga does, our traffic would be through the roof. We don't write the blog just for people in the tribe. The Dept. of Interior, The House of Representatives, The Senate and many other tribes check it regularly.

Give it up already! NO

How many years have you been disenrolled? 5 1/2 years

Have you gotten any closer to being re enrolled? Not yet, but others have been enrolled even through the illegal moratorium, doesn't that make YOU mad?

They don't give a shit what you write ! SO? Many others do, and you must, as you are commenting.

I've been in this moratorium for fifteen years now, I got on the web just to see how things are going, nothing has changed and it never will, so if I we're you, Id forget about it, You are not me, or not us. That would make YOU a quitter, a complainer and one who hopes others will do the work for you. Why give up? We've forced Pechanga to spend more than $50 MILLION more than they expected. We've had successes. They have the Rolex watches, but we have the time

I have a cousin in the tribe, they say you guy's are a big joke! Tell your cousin in the tribe that he has an idiot for a cousin in the moratorium, but then, I guess he knows that. They can laugh, but if they do the math, they would have over $50 Million more to share, had we not gotten involved. Thank you for your comment, I guess it's your last comment, because, obviously, you are a whiny quitter, so you probably wont even read this.

Luiseno said...

" Ihave a cousin in the tribe, they say you guy's are a big joke!"

Its a big joke that we beat them on the water issue.

Its a big joke that we were in the middle of fighting to get the moratorium removed before being disenrolled.

Its a big joke that Mark think the constitution is a "silly little thing"

Its a big joke that family's who have been members of the Tribe for hundreds of years (perhaps thousands), who shared in the struggles and hardships. Who fought so hard to keep the Tribe in unity, have been stripped of there membership and heritage by the stroke of a pen.

Oh yea.... BIG joke

'aamokat said...

"I got on the web just to see how things are going, nothing has changed and it never will, so if I we're you, Id forget about it, Ihave a cousin in the tribe, they say you guy's are a big joke!"

The big joke is that this person got on here to see what is going on. If he or she really has a cousin in the tribe, then why doesn't the cousin tell him or her what is going on so why come to this blog to find things out?

Anonymous said...

The big joke is WHY that person doesn't know what's going on. Why stay ignorant? Why not stay involved and cause them to be uncomfortable. Most likely its a tribal member trying to diminish us.

smokeybear said...

So we're a "Big Joke?" So what is this "Sticks and Stones?" Is that the best that they can do? Why not go out on a "Limb" and prove we aren't who we say we are? Oh, I forgot: "You Can't!" Now that's "Funny!" The "Joke" is on "You!" For "We are Not Going Away!" It cost them "50 Mil" for the "Water Bill," and we aren't through causing them "Pain!" Why can't you just quit "Sniveling" about "Poor Me," and stand "Tall" with all of us who are trying to go after what has been stolen from every one of us "Illegally?" That is where your "Loyalties" should be! Do not let the "Criminal Element" at Pechanga think you have given up. That's exactly what they want! So you need to "Fight" for what is ours: heritage and Birthright!"

'aamokat said...

If that was really John Macarro who posted here recently, the 'esteemed legal council for the tribe?' or should I say steamed if he is posting here?

So John you say the tribe tries to be fair so how is it fair and how did the tribe not violate the equal protection clause under Article V of the Band's constitution and bylaws when Irehene Scerce, Ruth Masiel and Francis Miranda, while on the enrollment committee,were allowed to vote on our, the Hunters disenrollment case, when these women had served one of our family members who was on the enrollment committee with disenrollment papers, which in turn was a challenge on the rest of our family, even though no evidence had been submitted to warrant opening up the disenrollment procedures?

This first challenge was disallowed but their close relatives and friends re-submitted the challenge of our tribal membership but Irehne, Ruth, and Francis were still allowed to rule on our disenrollment and case even though we asked that they be recused because of clear bias, malice, and prejudice against our family.

Also, how was it fair that at every step of the disenrollment process we were denied having legal representation present, copies of transcripts, so it was hard to prove that key steps of the disenrollment procedures were not followed, and that we were not even allowed to take notes or ask questions at our appeal to tribal council after the enrollment committee had rubber stamped the foregone conclusion that we were being disenrolled?

Again, the Band's constition and bylaws states under Article V:

"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, uphold the individual rights of each member without malice or prejudice."

So Mr. tribal legal expert, how was this equal protection clause not violated when people with a clear conflict of interest and agenda against our family were allowed to rule on our disenrollment case?

By the way, you can't use your trump card of sovereignty in your answer. What harm would it do for you to defend with facts the tribe's actions because after all, anything we say here, at this point, is non binding?

Anonymous said...

John Macarro would not post here and he certainly would not post with his real name.

It was an attempt to put his name on something that was not his. A consequence of having an open comment policy, just like those racist comments by those morons that call some members "wetbacks" which certainly isn't true.

They bring no intelligence to the struggle, just boorish behavior.

White Buffalo said...

To the dude who doesn’t care, well for me I have nothing to lose by posting, writing letters, sending e-mails, and talking to people. When I tell my story to whomever will listen then I will go on and find someone else. Guess what I also mention is that Pechanga is not a good place to spend their money, in fact, I tell them that Pala is just down the road and that they have looser slots, better places to eat and that the staff and security treat people with respect. Guess what I talk to a lot of people. Personally I know what Pechanga has done and it is wrong, that’s the reason why I continue as I do not because of a check, I get a check but I work for it, and last I would not ever go back there unless some major changes occur on how things are ran and how the money is spent. It is my belief that Pechanga was a place of great spirituality, now it is devoid of life that is meaningful.

smokeybear said...

Anonymous said, with a "Malice of Forth Thought: They bring no intelligence to the struggle, just boorish behavior.

That's because he just doesn't get it! We are in this fight because "Heritage and Birthright" is everything to a "Native American!" Because your "Lack of Compassion" for our plight escapes me. Maybe it's because you don't understand the "Concept?" If you are truly intereted in what going on, just read what is posted here. If not, your inept and pointless posts amount to "Wortless Dibble" and will be treated as such.

O Pechanga said...

I usually tell people that since Pechanga has cheated our families, I believe they would cheat their customers.

If Pechanga doesn't care about their OWN relatives, why would they care about YOU? It has a visible impact.

One at a time... and one foot at a time...

Anonymous said...

Tt's me again, I'm not writing to cause any problem's, it's just that all the time I gave to help the cause, things are still the same. The moratorium is suppose to be up in 2014, fat chance! It's frustrating I'm sure they will extend it for another four years and laugh about the whole time! sorry about how I came off. Being unemployed and on welfare really pisses me off! While they enjoy their good life what do they care! Again forgive me Ijust wish they would do the right thing!

Anonymous said...

They won't do the right thing if we don't put pressure on these tribes.

It can be frustrating, I'm sure, but giving up is not the option. We were members BEFORE the casino, so the casino can come down for all I care.

But those remaining should not be getting what is not rightfully, not morally theirs, no matter how they respond.

Nobody is going to just wake up one day at this point, we have to keep the pressure on our government and if we get to a point, were it's cheaper for them to do the right thing, they will. And, some of these mean and cruel people are getting on in years....

smokeybear said...

Anonymous said...
Tt's me again, I'm not writing to cause any problem's, it's just that all the time I gave to help the cause, things are still the same.........Believe me when I say, "I Feel Your Pain and Frustration." We have stood by for more years then I care to count, and watch "Pechanga's" attempt to erase us from existence. Some of your are in the "Moritorium," and some of you aren't. And this because they "Sort of Lost Applications!" "Inexcusable!" Then came the "Kangaroo Court!" Illegal Disenrolments followed. So, please? You are not alone. We are here with you, and taking one step at at time in our "Quest" for "Jusice and Fair Play!" An you have got to know we are making "Great Strides," and it's starting to look more "Promising" with every passing day. Look at the "Tribe" that throughout their "Corrupt Leadership" for a new start at "Healing" their own, from within. That shows that we can "Win" this. So "Stand With Us." "Stand Tall!" The "Corrupt Will Always Get Caught!" When you break the "Law," their are "Consequences," and they "WON'T BE PRETTY!"

Anonymous said...

Promising is right. The Robinson Rancheria people have been working hard for FOUR YEARS and they just brought justice to their tribe.

Most Pechanga disenrolled get together every six months and wonder why nothing has been done, or others will ask "why hasn't someone done something?" Well, why haven't THEY done anything?

It's frustrating, but it's also hard work. The struggle is hard, wouldn't you expect cracking some of the sovereignty issues to be difficult?

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