Monday, October 31, 2011

Tribal Disenrollments Disheartening: Commentary

I received this via email, and without my computer, so I'll attribute it when I can. I think its important to get this out there. Carmen George's article can be found in our archives.


I found the Sept. 29 Sierra Star article by Carmen George about disenrollment of Chukchansi tribal members very informative and well written, although it is very disheartening to see what is happening to the Chukchansi people. Unfortunately, disenrollment is all too common with many tribes today.

I serve as the District 6 representative for the Citizen Potawatomi Nation which covers the southern half of California from near the Kings River to the Mexican border and the southern half of Nevada, representing about 1,900 members of our 30,000-plus member tribe headquartered in Shawnee, Ok.

Myself and the other 15 members of the Citizen Potawatomi Nation Tribal Legislature recently took a Native Nations rebuilding course through The University of Arizona's Native Nations Institute. What is happening with the Chukchansi Tribe fits the "standard approach" profile as described in the course material to a tee.

So many tribes fall into the pit of the "standard approach" to economic development and nation building. The typical results are almost always failed enterprises, a politics of spoils, brain drain, outside perceptions of incompetence and chaos that undermine the defense of sovereignty and the confidence of the community.

Per capita payments, or "stipends" as they were called in the article, are at the heart of what is driving the Chukchansi disenrollments. Rather than reinvesting casino profits into nation-owned and operated enterprises that further economic development, create jobs within the community, insure self-determination and lessen dependency on federal aid, the profits are fought over and eventually squandered and the community remains in chaos and poverty.

It saddens me to see this. While I am not Chukchansi, I am Native American. But it also concerns me and because while the Bureau of Indian Affairs may appear to be hands-off with the tribe's enrollment issues, you can bet they are watching the chaos and dysfunction of the tribal government.

If there are enough petitions, protests and law suits, the BIA has everything it needs to lobby for removal of the tribe's federal recognition. Without federal recognition the tribe will basically cease to exist. No grants, no casino, no tribe.

On a much wider scale, there are some who would like to see the Indian Self-Determination Act and Education Assistance Act of 1975 repealed. Some are of the opinion that there should be no special agreements with native nations. There were many activists who fought long and hard for Native American rights to self-determination.

My hope and prayers are that there are enough native nations with the vision and courage to be self-determined. I am proud to say that the Citizen Potawatomi Nation is one such tribe. We are the ninth largest federally recognized tribe and the only federally recognized tribe with member representation outside of the tribe's geographic jurisdiction.

I wish there was something I could do to help the Chukchansi tribe but I wouldn't know where to start, even though I was raised in the area. Frankly, I don't think there is much hope if the leadership isn't taking the "long look" (seven generations into the future). OP: There Is! keep writing, write the BIA in behalf of the Chukchansi disenrolled.

The tribal government has to have public-spirited leadership instead of boxing ring politics where factions fight to control the goodies. Without these key elements within the tribal government it would be very difficult to impact change.

My hope is that this letter will stir within the Picayune Chukchansi leadership a desire to consider what is best for their tribe as a whole rather than the select few currently in power.

It is heartbreaking that fluent native speakers are in the mix of disenrollments. This sends the message that money is more important than heritage, culture and traditions.

Pechanga Indian Removal Acts II: The Chronology of Corruption

Pechanga Corruption UPDATE: Chronology

As my previous post dealt with the beginning of Pechanga's corruption, here is a chronology of the disenrollment of the first family to be disenrolled en masse in the history of Pechanga.

Chronology of Events

1. In December 2001, Yolanda McCarter (niece of Irene Scearce and Ruth Masiel OP: and she is the one on the Pechanga infomercial saying she could die happy if she didn't have the casino money.) submitted a letter to Enrollment Committee demanding the Committee research several families including ours. The request stated that "this (be) straightened up before the next election in July." (So that there would be less votes, a clear sign that they wanted to disenfranchise "several families")

2. In June 2002, Enrollment Committee Chairperson Mary Magee is removed from the Committee for divulging confidential information. (She was caught talking about other families. Her sister is Gloria Wright, who is CPP) A petition is justified to amend the Disenrollment Procedures. A vote to approve or deny the petition is set for July 2002. (Petition is not brought forth until February 2003.)  The newly built Pechanga Resort and Casino is opened. This is a permanent structure which replaced the original Casino structures which were in modular and sprung structure. In October 2002, 2 new members are elected to Enrollment Committee to bring membership up to required 10 members. (A member retired from Committee in September 2002). Olivia Walls is elected Committee Chair, and we request an audit of Enrollment Committee activities for the previous years and advice from our legal counsel at California Indian Legal Services on how to address wrong-doings by Committee and Committee members. Our legal counsel is told by John Macarro not to take any action to assist the Committee or answer our questions regarding the wrong-doings. (Wrong doings include enrollment of adult family members of 'certain' enrollment committee members.)

3. November 12, 2002, members of the Enrollment Committee, acting without a quorum and outside the Committee's procedures, serve several other Committee members with disenrollment summonses. The Committee members who took the action were- Irene Scearce, Ruth Masiel, Frances Miranda, Margaret Duncan, and Bobbi Lamere. Those served include John Gomez, Theresa Spears, Olivia Walls, and Sandra Garbani. (Lamere later gets her family members enrolled in the tribe, during the "moratorium"

4. On December 10, 2002, Concerned Pechanga People (These were part of the splinter group, many who were not on the original 1979 membership roll, as the Hunters were) submit documents to the Enrollment Committee questioning the lineal descent of several families including the Manuela Miranda descendents, Paulina Hunter descendents, and Garbani descendents. This action was taken a month after the above action. The Concerned Pechanga people are immediate family and friends of Committee members who initiated the November 12, 2002 action. (See list of Pechanga Enrollment Committee members, Splinter Group and Concerned Pechanga people).

5. Between December 10, 2002 and February 23, 2003, Concerned Pechanga people make visits to Enrollment Committee and send out flyers to Tribal members urging disenrollment actions be taken against the 3 families they have targeted. The Enrollment Committee does not move forward due to a split as to how to proceed and what constitutes "factual" information related to enrollment.
6. The Concerned Pechanga people move to have Pechanga Development Corporation Elections post-poned until disenrollment occurs. After the PDC elections have been put off for over a month, elections are finally held and Jennie Miranda is voted out of office. She is replaced by a member of the Hunter family. She and members of her family make statements about getting revenge on the Hunters and Manuela people.

7. February 18, 2003, members of the Enrollment Committee, acting without a quorum and outside the Committee's procedures serve several other Committee members with disenrollment summonses. The Committee members who took the action were- Irene Scearce, Ruth Masiel, Frances Miranda, Margaret Duncan, and Bobbi Lamere. Those served include John Gomez, Theresa Spears, Olivia Walls, and Sandra Garbani.

8. From February 24, 2003 to March 18, 2003 Committee is locked out while the Tribal Council reviews actions and concerns of Enrollment Committee Chair.

9. March 7, 2003 letter from Tribal Council nullifying the February 18, 2003 action taken by Committee members to initiate the disenrollment process against several other Enrollment Committee members. Enrollment Committee members removed from committee and Enrollment Committee reconstituted.

10. March 18, 2003, Enrollment Committee now consisting of Bobbi Lamere, Margaret Duncan, and Lori Vasquez reconvene. Committee drafts letters of rescission and send to Committee members who were targeted by February 18, 2003 action.

11. Between March 18, 2003 and June 1, 2003, Concerned Pechanga people meet with the Enrollment Committee to provide additional information against the 3 families targeted and to push the Leyva/Basquez review before the review of any other family. The information questioning the Leyva/Basquez family (which includes Jennie Miranda, Irene Scearce, and Ruth Masiel) was received well after the information questioning the Manuela descendents and the other families. Procedurally, the Manuela descendents and other families should have been reviewed prior to the Leyva/Basquez family and/or the Candelaria Flores review. However, the Enrollment Committee consisted of members- Bobbi Lamere and Margaret Duncan- who acted with and for the Concerned Pechanga people. Even though the Manuela descendents provided information to the Enrollment Committee as early as December 17, 2003 refuting the allegations made by the Concerned Pechanga people, those working with, for, or were/are a part of the Concerned Pechanga people were pushed ahead of us in the review process. This was done to stack the Committee and guarantee our disenrollment.

12. On or about June 1, 2003, the Garbani and Leyva/Basquez families were cleared. Ruth Masiel, Irene Scearce, and Sandra Garbani returned to the Enrollment Committee.


13. Between June 1, 2003 and September 23, 2003, the Manuela descendents provided the Enrollment Committee with additional documents proving lineal descent and refuting the allegations made by the Concerned Pechanga.

14. On September 23, 2003, the Enrollment Committee clears the Candelaria Flores family. Frances Miranda returns to the Committee as a result of this decision. We were once again passed over for review so that a member working with, for, or is/was a part of the Concerned Pechanga people could be put back on the Committee. Frances Miranda's father, Richard Miranda, was a member of our family. The years before he passed away, she was receiving his per capita check as she was "taking care of him". Once he passed away and she was no longer receiving 2 per capita checks, the Splinter Group initiated their disenrollment action against the targeted families.

15. On October 21, 2003, Jennie Miranda provides the Enrollment Committee with a letter regarding the lineage of Pablo Apish. Demands that the Manuela descendents be disenrolled. On October 23, 2003, the Enrollment Committee sends summonses to all adult members who are lineally descended from Manuela Miranda.

Sunday, October 30, 2011

How to Win at the Pechanga Resort and Casino: Don't PLAY

We are on vacation this week and we are reposting some older posts that we know many are interested in. Here's one from 2008.

Get outta here! YOU CAN'T WIN, the machines are designed to take your money. And besides if a machine malfunctions, WHO are you going to complain to?  Manager's have been fired for cheating THEIR OWN WORKERS, (even though it took MONTHS to fire the son of the former tribal spokeswoman) you think they care about YOU?

The Pechanga Casino in Temecula features hundreds of table games and over 3,500 slot machines. Do you think they would be able to put all those games and machines in their casino IF there was a good chance you would win money? Each machine was averaging $325 a day in 2004. Do you think in the tough economy they might tighten the reels a bit? You DID know they don't have to put the win % on tribal slots, like they do in Las Vegas?

Exactly how do you think that each Pechanga member can be paid $360,000 per year (now sadly down to under $250,000, even AFTER the theft of over $300,000,000 from fellow tribal members?   By you WINNING? Hardly.   Take $20 and if you don't hit it big, QUIT. If you win more than 25% STOP PLAYING and go home with your winnings.

The best thing you can do is take a coupon in for the buffet and start with the expensive items! Lamb, shrimp, crab cakes, steak or sushi (not rolls). LEAVE the salads and cheap jello desserts and go for the chocolate. Take a ziploc for snacks and splenda to extend your pleasure!

The drinks? Well, they have automated pourers, so the bartenders can't make it stronger for you, tipping extra won't help, so find a deal on beers, at least you know what you are getting.

Avoid the fancy restaurants because a steak is: $38 for a 7 oz filet and a breast of chicken is $32 at the great oak. (2008 prices) Shoot, a plate of SPAGHETTI is $13 and that's with NO SALAD at Paisano's.

Tip well, as the staff could be layed off at anytime, but STAY away from the machines. REMEMBER, Pechanga has cheated their own people to make their share of the pie much larger. So you know that:



IF THEY CHEAT THEIR OWN, THEY'LL CHEAT YOU
Like in the movie War Games, the answer is:
The only way to win is NOT TO PLAY

Avoid Pechanga

Saturday, October 29, 2011

The Temecula Indian Massacres: Two Massacres are by Pechanga Indians

Bury My Heart in Temecula: The Three Pechanga Massacres

There are three Pechanga Massacres in our last 175 years. 1847, 2004, 2006

1846 - Up to 125 Luisenos were killed in a December attack in retaliation for the killings of 11 Pauma persons who had stolen horses.

Temecula Indian Massacre

2004 - Over 300 Pechanga men, women and children from Temecula Band of Luiseno Indians were eliminated by a corrupt enrollment committee.  The charge:  Failure to vote the way Frances Miranda wanted them to vote.  She led the termination of her own family members

2006 - Over 200 more Pechanga men, women and children, including award winning elders were eliminated by same enrollment committee and supported by the corrupt Pechanga Tribal Council.   The charge:  Pechanga's own hired expert was incorrect when he determined that the Hunter family was more Pechanga than any other family.

Pechanga has eliminated more of their tribe than any outside force in it's recorded history.  Congratulations to Pechanga for the mass extermination of their people.

Blood drips from the knife wounds in the back........ and thru the heart


I am on vacation this week and we have brought forward some post from previous years.     Remember:  If Pechanga will cheat and destroy their OWN people, do you think they care about YOU?

Friday, October 28, 2011

Original Pechanga Will Be on Vacation This Week, Please Look in Our Blog

Me and Mrs. OP will be on vacation beginning tomorrow. We will have some stories posted throughout the week, they are in the queue. I invite you to check out our stories which are linked on our sidebar on the right side. Simply click on a picture and, like most stories there are links inside the post. There is plenty to catch up on.

I will try to catch any important storys, and we'd be grateful if you pass the blog link on to your friends. Or ask them to Google Original Pechanga's Blog. The traffic will help shine a light on the cockroaches who lead corrupt tribal councils.....

Sycuan Tribe, Which LIED to The People of CALIFORNIA, NOW want more of our LAND

Remember we wrote about Sycuans $30 MILLION Swindle... Sycuan promised to expand in 2009
One of the region’s smallest Indian reservations would triple in size as part of an annexation proposal under federal scrutiny.

The Sycuan Indian band, east of El Cajon, wants to add 1,350 acres to its square-mile reservation, placing property it already owns under sovereign control. The move would also put the land beyond the reach of county tax collectors.

California tribes, many of them flush with casino revenues, have submitted more than 130 similar annexation proposals — known as “fee-to-trust” — with federal authorities just within the last year.

Critics who believe the state and federal governments are lax in their oversight of Indian gaming worry that the expansions will open the door to even bigger casino operations.

Sycuan officials say they have no plans to expand gambling beyond current reservation boundaries. They note that their formal proposal with the government is labeled a “nongaming application.”

The plan’s particulars:

History

Sycuan first raised the annexation proposal in 2007, but scaled it back by 600 acres due to environmental concerns. The tribe modified the proposal to mitigate some of the environmental impacts.

Reaction

County Supervisor Dianne Jacob opposes it, noting the loss in tax revenue. Some nearby residents worry about added traffic and development. Backers include Dan Silver, with the Endangered Habitats League, and several local members of Congress, including Rep. Brian Bilbray, R-San Diego, and Rep. Bob Filner, D-San Diego.

What’s next

The U.S. Bureau of Indian Affairs is expected to rule on the proposal within the next few months. As part of the process, the government will consider letters and testimony already submitted by the public.

Let's not let more of our taxable land go to a tribe that didn't fullfil it's promises

Thursday, October 27, 2011

Former Tribal President INDICTED on Embezzlement Charges; Which Tribal Officials are NEXT for the F.B.I. ?

In a move that should have local tribe, The Pechanga Band of Luiseno Indians thinking, a federal grand jury has indicted the former president of the Tonkawa Tribe on 17 counts for allegedly conspiring with two others to embezzle more than $500,000 from the tribe, federal prosecutors said Monday.

Anthony E. Street, 47, faces one count of conspiracy and 16 counts of embezzlement from an Indian tribal organization. Street appeared in court in Oklahoma City on Monday and a trial date was set for December.

Street, Vice President Gordon Warrior and Secretary-Treasurer Dawena Pappan are accused of writing more than 300 checks to themselves from the tribe's general fund for personal use from April 2005 to April 2008. Street and Warrior served in office until elections in 2008 and Pappan resigned that year, prosecutors said

The three took care of daily operations as members of the tribe's business committee, including among other responsibilities, ensuring that proceeds from the tribe's casinos were spent on legitimate tribal expenses under established procedures, the indictment read.

In August 2007, Street, Warrior and Pappan approved large pay increases for their work on the business committee, the indictment alleged. Street's wages increased from $25.66 an hour to $62.50 per hour, resulting in an annual salary of $130,000.

Street, Warrior and Pappan also were accused of approving blank voucher requests with no explanation for why there were taking money from the general fund.
Street and Warrior remained in office until 2008, when tribal elections were held. Pappan resigned in June of that year, and a new business committee was chosen, prosecutors said.

The FBI takes its time to get it right.   Stealing dealer's tips, using tribal credit cards for family vacations to Carmel, seem to fall under embezzlement issues.   Stealing of $300,000,000 in per capita outside the tribal constitution seems like embezzlement too.

State, Not Ojibwe Tribe Must Handle Adoption Placement

In a move that clarifies sovereignty boundaries, adoption proceedings for an Indian child whose parents' rights were terminated must take place within state courts, not tribal courts, the Minnesota Supreme Court ordered Wednesday.

In the 4-2 decision, the court reversed two earlier orders granting the White Earth Band of Ojibwe permission to handle the child's adoption within its tribal court.

In its order, the Supreme Court reasoned that under the Indian Child Welfare Act, tribal authority is limited to foster care placement and termination of parental rights -- not adoptive placement.

The child in question, identified in court documents as L.S., is an enrolled member of the White Earth Band of Ojibwe. The mother is white, and the couple's five older children have all been removed from parental care or have had their parental rights terminated. According to documents, neither parent lived on the White Earth Reservation.

After parental rights were terminated, a Fillmore County judge granted the White Earth Band of Ojibwe permission to transfer pre-adoption proceedings to its tribal court under the rules of the Indian Child Welfare Act. A guardian ad litem for the child objected, but the Court of Appeals upheld the ruling in favor of the tribe.

In its reversal, the Supreme Court said there is no language in the federal law granting tribes jurisdiction over adoptive placement proceedings for children not living on the reservation. Because the language in the law was ambiguous, the court reasoned that adoptive proceedings should be excluded, not included.

Monday, October 24, 2011

Pala Targets MORE for Extermination; Must Prove Their Innocence

The Pala Band of Mission Indians, which recently ousted eight of its members, is reportedly asking dozens of other individuals to prove they belong in the North County tribe, a move that some believe may be politically motivated.  OP:  Let's "politically motivate" of boycott of this tribal enterprise.

People who are related to the eight ousted members have reported receiving letters from the tribe's election committee asking them to submit proof that they belong in the tribe, according to two copies of the letters provided to the North County Times.

The people who have received the letters declined to be interviewed for fear of retribution from the tribe's government.   SO, PALA doesn't believe in free speech either?

The letters, dated Oct. 17, say the recipients are still enrolled in the tribe and "will continue to receive benefits" until further notice. The 900-member tribe owns the Pala Casino Spa & Resort on its reservation about 15 miles north of Escondido.

"This letter is being sent to notify you that your bloodline is in question and your enrollment is pending with the Pala Band of Mission Indians," according to the letter. "You have 30 days (from) the date of this letter to show proof of your bloodline and eligibility to be enrolled in the tribe."  OP:  30 days!?  The tribe doesn't present it's evidence against them

Doug Elmets, a spokesman for the tribal government, declined to discuss the matter except to say that enrollment questions are an internal tribal matter. OP: The same language that all exterminators of Indians use.  it's almost like they get their script from the same place...

Those who are receiving the letters are descendants of Margarita Brittain, who died in 1925. It was unclear exactly how many people may be receiving the letters, but according to sources, more than 120 people may be affected.

Read more: http://www.nctimes.com/news/local/sdcounty/article_e007b8c3-8d01-5a8c-b9ec-5d7dfbb7b637.html#ixzz1bixfYSqk

Thursday, October 20, 2011

Tyrant of Libya Dead, Tryrants On Tribal Lands Still Going Strong

Congratulations to NATO for helping to oust Moammar Ghadafi from tribal Libya. Now, if we can get the BIA and Department of Interior to show the same backbone with some of the tyrants in our sovereign Indian Nations...

Deny federal funds to tribes that harm their own people.

Wednesday, October 19, 2011

CA Tribes Don't Want Enterprise Rancheria to Have Gaming Like They DO. Oppose the Competition, Not Enterprise's Civil Rights Abuses

A group of tribes, including several with casinos near Yuba-Sutter, have written Gov. Jerry Brown a letter opposing the Enterprise Rancheria casino in Yuba County. None raise the spectre of the civil rights abuses that the Enterprise Rancheria has heaped on their people.

Specifically, the letter opposes what its authors call "reservation shopping," or the practice of a tribe looking for lands to build a casino far from where it is based.

"A tribe should not be permitted to acquire land for gaming anywhere it chooses within the State," the letter to Brown, dated Sept. 30, states. "Substantial weight should be given to a tribe's historic connection to the land because to ignore a lack of connection would seriously undermine tribal sovereignty."

Among those listed as signatories to the letter are chairs for the United Auburn Indian Community, Mooretown Rancheria and Colusa Indian Community, which operate casinos in Placer, Butte and Colusa counties, respectively.

Rancheria tribal members have said Yuba County is within their tribal boundaries, while pointing out their true ancestral home is now covered by Lake Oroville.

Cherokee Nation Supreme Court DENIES Chad Smith Appeal; Cites Math Issue

In a SWIFT DECISION, The Cherokee Nation Supreme Court has dismissed former principal chief Chad Smith’s appeal in the tribe’s special election, apparently ending the months-long contested principal chief's race.

Chief-elect Bill John Baker will be sworn in at 7:30 p.m. today on the steps of the Cherokee Nation Courthouse, said his attorney, Kalyn Free.
Earlier this week, Baker had announced inauguration plans for Nov. 6. However, Cherokee election law allows a candidate to take office once the appeal period is over. Election law only allows for one appeal.
At 1:30 p.m., the court issued the order denying Smith’s appeal and his request for an expedited appeal hearing, claiming Smith had not shown sufficient cause.

The appeal, filed Monday, contested the election’s certified results due to the inclusion of votes cast by freedmen descendants and additional ballots cast after Sept. 24. Those ballots were allowed as part of a federal court order.

Tuesday, October 18, 2011

Theft of Large Amount of Money from Santa Ysable Casino; Will Pale in Comparison to What Tribes Steal from Their People

Authorities are investigating the theft of what they called a large amount of money from the Santa Ysabel.

Deputies were called to the casino on Highway 79 southeast of Lake Henshaw Monday just after 8 a.m., sheriff’s officials said.  Investigators with the Sheriff’s Department, the FBI and the California Department of Justice are investigating.
They have not said how much money was stolen or how the theft was discovered.

We wrote about former chairman Johnny Hernandez here

Yes, As Expected, Chad Smith SUES to Stop Bill John Baker from Being Sworn in As Principal Chief: UPDATE: SMITH MATH CHALLENGED

See UPDATE Below!  LOL

To nobody's surprise, the Cherokee Indians' FORMER principal chief, who led a campaign to remove African-American slave descendants, knows as the Freedmen from the tribe, filed an appeal on Monday to stop his successor from taking office after losing a reelection bid, by a huge margin..    We believe that ALL federal monies be withheld from the Cherokee Nation until the Freedmen have resumed their proper place.

Chad "Corntassel" Smith wants an injunction to bar Bill John Baker, elected to replace him as chief, from being sworn in until a federal court determines if black members of the tribe known as "freedmen" are entitled to citizenship in the nation's second largest Indian tribe.

Smith, who lost the leadership poll by more than 1,500 votes, filed the appeal with the Cherokee Nation Supreme Court, whose judges he appointed during his 12-year administration.

Baker, a longtime member of the tribal council, said he was disappointed by Smith's move.
"It's time for him to abide by the will of the people," he said.   As we who are descended from original Pechanga people, we know that the "will of the people" means very little to corrupt tribal councils.

The Cherokee election has been unusual from the start. An initial election in June featured four recounts that yielded differing results. Charges of vote tampering were raised but never proven, but, really, WHO had the power to do it?.

The Cherokee Supreme Court then ordered a new election for September, but added fuel to the political fire with an August ruling that banished 2,800 black members from the tribe in a move seen as aiding Smith.

The freedmen supported his challenger, Baker, because of Smith's efforts to ban the descendants of slaves owned by tribe members in the pre-Civil War era from citizenship. They see Baker as less hostile to their membership.

The freedmen, backed by the federal government, say they are guaranteed tribal citizenship by the Treaty of 1866 with the U.S. government, while Smith and some other Cherokee believe all members should have an ancestral Indian blood link.
The freedmen eventually regained their voting rights with the help of the federal government, which withheld funds from the tribe to pressure it into an out-of-court settlement. But the status of the freedmen is expected to remain an issue in the courts.

Smith said the agreement violates tribal law, while Baker said he would have won the election even if the freedmen had not been allowed to vote.

Face it Chad Smith, YOU ARE NOT WANTED.

EMBARRASSING UPDATE FOR CHAD SMITH:
Even if votes from every eligible descendant of slaves once owned by the Cherokee tribe are not allowed to count in a special election for chief of the tribe, challenger Bill John Baker still would unseat Former Chief Chad Smith by more than 300 votes.
About 1,233 of the 2,800 freedmen were eligible to vote in the contest, which began Sept. 24 and ended Oct. 8. Many of the freedmen were figured to have supported Baker in his race against Smith.

Monday, October 17, 2011

Redding Rancheria Tribal Council Member Jack Potter Jr. Arrested for FTA

Another of Northern California's Tribal Council members, this time from Redding Rancheria has a mugshot for his arrest.  Shasta Mugshots has it up. Jack PotterJr. is the offender


Jack Potter Jr. who won't win any photogenic contests.
The Redding Rancheria is well known for terminating the family of their original tribal chairman, after forcing them to dig up their ancestors gravesites to provide DNA.   Does Jack look like the type that would go along with that?

Elouise Cobell, Victorious In Fight to Have U.S. Government Account for Indian Land Royalties, Dies at 65

Elouise Cobell, the Blackfeet woman who led a 15-year legal fight to force the U.S. government to account for more than a century of mismanaged Indian land royalties, died Sunday. She was 65.

Cobell died at a Great Falls hospital of complications from cancer, spokesman Bill McAllister said.

Cobell was the lead plaintiff in a lawsuit filed in 1996 claiming the Interior Department had misspent, lost or stolen billions of dollars meant for Native American land trust account holders dating back to the 1880s.

After years of legal wrangling, the two sides in 2009 agreed to settle for $3.4 billion, the largest government class-action settlement in U.S. history. The beneficiaries are estimated to be about 500,000 people.

Asked what she wanted her legacy to be, Cobell said in a 2010 interview with The Associated Press that she hoped she would inspire a new generation of Native Americans to fight for the rights of others and lift their community out of poverty.

"Maybe one of these days, they won't even think about me. They'll just keep going and say, 'This is because I did it,'" Cobell said. "I never started this case with any intentions of being a hero. I just wanted this case to give justice to people that didn't have it."
President Barack Obama released a statement that said Cobell's work provided a measure of justice to hundreds of thousands of Native Americans, will give more people access to higher education and will give tribes more control over their own lands.

Sunday, October 16, 2011

Violent Offenders Taken Down at Pechanga Resort and Casino. Who says casinos Don't Bring Crime

Riverside Sheriffs took down a violent offender at the Pechanga Resort and Casino.  And no, they weren't tribal members, although there are several felons from the tribe who are always around.    You may recall the recent meth-related arrest of one tribal member in recent months.

Deputies shortly after 6 a.m. went to the casino, 45000 Pechanga Parkway, because security there said that one of the suspects from a theft that ocurred Friday had reappeared on the reservation, sheriff's Sgt. Will Edwards said.

The suspect was identified as 43-year-old Oceanside resident Thomas Paul Allen.

As deputies were sorting Allen out, casino security officers advises them that a second suspect was headed their way. Deputies collared a suspect who provided a false name but was later identified as David Roll, 49, of Fallbrook.
"As deputies were detaining Roll, he began to pull away from the deputies in an attempt to flee," Edwards wrote in a released statement.

During a brief struggle, Pechanga Casino security officers helped deputies detain Roll.    Excellent work by both, we'll have a story up next week on the anniversary of the beating of a Pechanga Casino patron, at least this time, it was bad guys.....

During the struggle, a loaded gun dropped from his waistband, Edwards said.

Preliminary investigation revealed that Roll has an outstanding felony warrant out of San Diego for a weapons and explosive charge and is a convicted felon, according to the sergeant.

Friday, October 14, 2011

Carter Center Urges Former Cherokee Principal Chief Chad Smith to Accept Results of Special Election

Time to end this Chad.
The Center congratulates Principal Chief Elect Bill John Baker on his successful campaign. The Center encourages Chadwick Smith to once again demonstrate his proven leadership by accepting the results and working with Mr. Baker to restore the confidence of the Cherokee people in the electoral process.

Tribal Leaders Try to Present United Front; Lack of Attendance Noticeable

Less than 150 tribal representatives from the more than 550 tribes in the United Stated tried to present a "united" front to Congress.   It really shows the apathy and difficulty of standing together as a group.

It does point to the need for those disenfranchised Indians, including those in moratoriums, unlawfully banished and those who have been stripped of their citizenship, to stand together.    AIRRO is an organization that stands up for those of us wh have been disenfranchised.

Dozens of tribal leaders embarked on the nation’s capital this week in an effort to present a united front to Congress on a swath of issues impacting Indian country—most important among them, protecting Native programs from cuts in the current budgetary climate.

The three-day gathering, hosted by the National Congress of American Indians, culminated October 11 in the Senate Committee on Indian Affairs hearing room in the Dirksen Senate Office Building with a sometimes-tense strategy session. Among the top issues discussed were protecting the Indian affairs federal budget; securing a congressional Carcieri fix to the land-into-trust mess created by the Supreme Court in 2009; and best practices for uniting the divergent interests of 565 unique federally-recognized tribes. Ideas for preventing violence toward Indian women were also highlighted. See Story on Tribal Lobbyists HERE

On the federal budget, tribal leaders generally appeared apprehensive because they know that the current atmosphere in Washington is filled with a desire by lawmakers to cut funding to a variety of programs in an attempt to make up the large budget shortfall. In many cases, tribal leaders feel that some uninformed Congress members do not understand how much good funding for tribal programs does—and how much more is needed to rectify issues of poverty on many reservations.

“There is still an effort to do away with [federal] trust responsibility for tribes,” said Jefferson Keel, president of NCAI, in a speech kicking off the session. He was referring to specific proposals released this year by some Republican lawmakers that would slash funding to Indians—without regard to the unique constitutional- and law-based status that is supposed to protect tribes.

Rep. Xavier Becerra, D-Calif., a member of the all-important congressional “super committee,” charged with finding an additional $1.5 trillion in debt savings over a ten-year period, told tribal leaders that there is “nothing like pressing the flesh” to be sure they are heard. “Make sure you explain how much folks where you live have sacrificed,” he said in remarks.

Most of the tribal leaders in town visited congressional offices throughout Capitol Hill to do just that—with talking points in hand. Their main messages on the budget, Carcieri, and other issues were highlighted in a letter sent from NCAI members to Congress members, which noted, “Tribes and tribal entities have patiently participated in the political process, but recognizing the urgency of these pressing issues, we are now increasing our call for congressional action.” The letter said, too, that tribes expect Congress to “act in a timely manner” on issues of tribal sovereignty and governance. A Carcieri fix, supported by the Obama administration even when Democrats were in control of both congressional chambers, has already been stalled for over two years and counting.

Thursday, October 13, 2011

Sen. Dianne Feinstein OPPOSES Enterprise Rancheria Casino, But for the Wrong Reasons. Barbara Boxer also Silent on Civil Rights Issues In Indian Country

Senator Feinstein should oppose this casino because Enterprise Rancheria has violated the civil rights of it's own people and because they are not good citizens. If they cheat their own people, like other tribes such as Pechanga, Redding, Picayune do here in CA, won't they cheat their customers? We wrote about Senator Feinstein’s bill here Our Senator's Feinstein and Barbara Boxer have been sadly silent on the civil rights issue.


"The Department of Interior's conclusion that the proposed casinos enjoy 'strong community support' is simply false," she wrote in the letter. "Of the 21 local officials polled by the Department of the Interior on the Yuba Casino, only one (Yuba County) supported the project ..."

Feinstein also noted a 2005 advisory vote in Yuba County in which 52 percent opposed the casino, and the 2000 statewide proposition giving the OK to Indian casinos referred to them being on Indian lands.

The Yuba County casino and another one she opposes in Madera County are being built outside those lands, she wrote. Enterprise Rancheria, based in Oroville, has said Yuba County was part of its ancestral tribal area.

With 67 new casinos since 2000, Feinstein also said in the letter, California is significantly saturated.

Among those Feinstein listed as locals opposed to the casino is Supervisor Roger Abe, who said he hopes the letter carries weight with Brown.

"I'm not sure what's going to have the biggest influence on Gov. Brown," he said, adding that 60 percent of voters in his district, which includes Wheatland and the casino site, opposed it in the 2005 vote.

Others listed as opposing the casino are former supervisor and now-Assemblyman Dan Logue and Supervisor Andy Vasquez.

Read more about the leadership of Enterprise Rancheria Chairman Glenda Nelson here

The Appeal Democrat has the story

We wrote about gaming compacts that misfired: Sycuan Bails On Gaming Compact

And also what some tribes have stolen which is now reaching $500 BILLION in California alone

Wednesday, October 12, 2011

Cherokee Freedmen DEMAND Federal Protection after Tribal Court Order

The Federal Government, which supplies nearly 70% of the funding for the Cherokee Nation, should step in an protect the decendents of Cherokee Slaves and not allow them to break a treaty and be rewarded with our money.

Here is a press release from The Cherokee Freedmen:

On October 11, 2011, in the middle of counting ballots in the Cherokee Principal chiefs election, the Cherokee tribal supreme court attempted to overturn an order in the case Vann versus Salazar signed by Federal judge Kennedy, as well as the US Department of Interior which insured participation by Cherokee freedmen citizens in the election for Principal Chief and continued citizenship of the freedmen unless otherwise ordered by the Federal Court. On October 11 2011 tribal Supreme Court struck the Federal order as being unenforceable as being binding on the Acting Principal Chief and not the tribe itself. The Tribal court also held Judge Kennedys order to be a violation of the tribal Supreme Court order filed August 22 2011 which removed citizenship from the freedmen.

Subsequently, tribal Attorney General Hammonds stated that the tribal court could not set aside orders by a federal judge and that Freedmen citizenship would continue under Federal court order approved on September 21 2011 in Cherokee Nation Vs Nash Federal case.


Marilyn Vann, a Cherokee freedmen citizen and President of the Descendants of Freedmen Association stated: “The freedmen people are tired of tribal leaders who play the race card and manipulate tribal elections to block freedmen participation in the Principal Chief election. Freedmen people have driven on their own funds from as far away as Dallas, Kansas City, and Nashville to exercise their rights to vote. I myself drove 160 miles each way to vote.

The tribe is subject to US law, just as individuals who don’t control hundreds of millions of casino dollars. It is a violation of the tribal constitution to not follow US laws. I believe that it is not a coincidence that the tribal court attempted to block the freedmen from voting this year just prior to absentee ballots being sent out and now in the middle of the count tries to stop our votes from being counted. Tribal court judges who don’t want to follow the law should resign from the bench. We remind the public that the tribal court judges were appointed by the former principal chief and may very well fear losing their positions if he is not reelected. Most of these same judges counted un-notarized ballots and refused to hear evidence of fraud in order to allow an anti freedmen petition to be placed on the ballot before tribal voters in 2007. We call upon the Department of Interior to not recognize the election of any principal chief who is elected without freedmen participation.

The US government must be willing to protect the 1866 treaty in Federal court in 2011 just as they did when the Seminole nation blocked freedmen citizens from voting several years ago in tribal elections.  Assistant Interior Secretary Echo Hawk publicized his willingness to protect the 1866 treaty on September 9th.

Is this a nation where only poor freedmen widows and disabled veterans must follow the law and not those who control casino wealth?   That remains to be seen.”

Tuesday, October 11, 2011

Unofficial Cherokee Election Results BILL JOHN BAKER WINS!

UNOFFICIAL CHEROKEE CHIEF RESULTS:  Bill John Baker wins, 10,633, to Chad Smith's 9,099. That's 53.89 percent, to 46.11 percent. This does not include approximately 150 challenged ballots, which will be tallied later today.


Tahlequah Daily Press has the story.    It appears the vote total was over 19,000 versus about 15,000 the last election.  Strong feelings of shenanigans seems to have brought the voters to cast out Chad Smith

UPDATE to BREAKING NEWS: Cherokee Nation Supreme court INVALIDATING Freedmen agreement with Tribe

The Tahlequah Daily Press is reporting that:  The Cherokee Nation Supreme Court just issued an order saying the agreement between the tribe and the plaintiffs in the federal court case – namely the Freedmen – is in direct violation of the CN Constitution. In other words, the CN Supreme Court will NOT recognize the Freedmen. If the Freedmen votes are counted today, they will be in direct violation of the Supreme Court order.   No word yet from the Election Commission on how this will be handled.

Developing.

Decision will NOT affect outcome of the election.

UPDATE:    AG Diane Hammons says the ruling on the Freedmen will NOT affect the outcome of the election: "Our Cherokee Supreme Court ... cannot set aside a federal court order. The orders ... temporarily gave the Freedmen their citizenship rights back. ... The Election Commission is proceeding with counting absentee ballots... until a certified result is reached. ... [We in] the Cherokee Nation... pride ourselves on being true to [our] laws. Chief Crittenden and I agreed to the temporary order because it was far less intrusive ... to our tribal government than what the plaintiffs had sought. We faced the potential loss of federal funding, interference with our governmental relationship with the U.S., and the prospect of not having a determinative election for our chief. ... The temporary order merely restored the disenrolled Freedmen to the status quo they had enjoyed at the time of the original election in June. We had first asked our own Court to reconsider its original decision and restore the  status quo, so the issue could be settled under tribal law, as it should be, but the court declined to act."

Pechanga Incident of Mistreatment of War Veteran's Club Rears It's Head Again; Should Veterans BOYCOTT?

We brought you the story last year about how The Pechanga Resort and Casino mistreated a group of Vietnam era motorcyclists

Several Vietnam Veterans went to Pechanga Casino today on their motorcycles for the advertised event "Vets Eat Free" at the buffet. They called in advance to make sure they could wear their Vietnam Vet patches on their vests and were given approval.

Security pulled them out of line and told them to leave. They did not want "bikers" at the buffet and they would be arrested for trespassing. The vets explained that they had called in advance. Security allowed them to eat, with a guard present, and then made them leave the casino premises

Funny how Pechanga doesn't have an issue with their own thuggish bikers who bring Mongols onto the reservation who are friends with one you will find on Megan's Law.......hmmm, Mongols OK......veterans..no way.

Temecula Patch has the story again


"That's understandable, sometimes they crack down," Ingersoll said. "But Pechanga has no signs or anything. They can profile, pick and choose who they don't want to come in. This happened last year, and I'm still waiting to hear from the tribal council."

"The outcome was they ignored us," Ingersoll said. "Now with Veterans day coming around again a lot of people have been asking me about what happened. Well, this is what happened - they ignored us."


Not surprising, Chairman Macarro doesn't live on the rez and only comes to the Government Center which is 250 feet inside the guard shack, when he has to, which isn't often, as the tribe, outside of custom and tradition, has only had three meetings this year.

Here is from a Temecula Patch commenter Anotherview, which gives his "view" of Veterans:   Odiously, he throws his status as a military veteran in the face of others, to cow them to accept his view. He renders himself an embarrassment to modest veterans who know the value of their service while having no need to broadcast it. He should consider closing his mouth, and conform to the sensible rules in place for the benefit of all

As to their own veterans,  they treated them just as shabbily, they scrubbed their website of Pechanga veterans's which we wrote about.    

That should raise some bile about going to their buffet on Veterans Day, don't you think?   Veterans should STAY AWAY from Pechanga.

Read about ONE PECHANGA VETERAN, who they posthumously stripped of citizenship.   The cabin he helped build in 1957 is still standing.

Monday, October 10, 2011

Susan Bradford Files Suit Against Huffington Post and New York Times for Breach of Contract and Copyright Violations

Friend to Original Pechanga's Blog, Susan Bradford has announced that she has filed suit against the Huffington Post and New York Times.  We have posted many articles from Susan, primarily about Jack Abramoff.   Here are the details

In the case of the Huffington Post, an editor, Nico Pitney, offered Bradford compensation for her articles on Republican super-lobbyist Jack Abramoff in 2008 when Sen. John McCain was the presumptive Republican presidential nominee. After receiving her articles, Bradford was promptly cut from the Huffington Post. Shortly thereafter her work appeared under the byline of another reporter, who was plugging his own book on Abramoff as an "exclusive." That HuffPo blogger claimed that he received his information by "secretly interviewing" Abramoff even though the lobbyist was not authorized to give interviews -- a condition Abramoff established up front with all reporters before he agreed to meet with them.

Of all the reporters who met Abramoff in prison, the HuffPo blogger is the only one who has claimed spontaneous prison confessions from Abramoff. In contrast, Bradford, who met Abramoff frequently in prison, compiled the original story, based upon substantial original paperwork, rigorous research, and interviews with hundreds of sources, none of whom were Abramoff. Bradford was a regular presence at the tribes, as the Natives can confirm, where she methodically pieced together the scandal behind the scandal. A Huffington Post editor even grabbed Bradford's paperwork mid-discussion and ran out of the room to photocopy it, despite her request that he not do so. Bradford is claiming breach of contract.

In a separate case, a New York Times reporter, Jo Becker, somehow acquired Bradford's Huffington Post submission, portions of which she paraphrased in the Times, without having secured the permission or assigned proper attribution to Bradford. Earlier that year, Becker announced that she had heard about Bradford's scoop "from a friend." When Bradford declined to collaborate with Becker, the Times reporter somehow managed to acquire Bradford's story anyway, through sources close to the Huffington Post, and brazenly ran to press with it, in violation of copyright. Essentially Becker adopted Bradford's theme of the rivalry between Scott Reed and Jack Abramoff, while spinning the story to reflect negatively on Abramoff.

Bradford is represented by Jon Moseley, an attorney who successfully challenged CREW's frivolous corruption charges against former Tea Party candidate for Senate, Christine O'Donnell.

Check out Susan's website:  http://susanbradford.org/      Susan's book:  LYNCHED is available there.

Preliminary Vote Totals On Cherokee Nation Special Election; Absentees Still to Be Counted

The Tahlequah Daily Press is reporting that the IN PERSON votes have been tallied and the results thus far are: Bill John Baker 6,223 and Chad Smith 4,046.

There were 12,000 requests for absentee ballots. (In June, 75 percent of the approximate 8,000 absentee ballots were returned, so obviously, this tally will take some time.)   Percentiles for now:   Baker, 60.6 percent; Smith, 39.4 percent.

Local Cherokee know that Chad stinks like a fish, but will outlanders have enough votes to carry him through?

Elizabeth Larson Reports: Robinson Rancheria Tribal Members Convene to Kick Out Tribal Council

Our friend Elizabeth Larson has the story of BIG HAPPENINGS on the Robinson Rancheria, a COMPLETE change in the tribal council. You will recall that tribal chair Tracey Avila was just arrested on embezzlement charges.

After four years of strife resulting from overturned or delayed elections and the disenrollments of dozens of tribal members, a majority of the members of the Robinson Rancheria Band of Pomo decided they had had enough.

Meeting on Sunday afternoon at Elem Colony in Clearlake Oaks, tribal members acted, in their words, to take back control of their tribe by kicking out the sitting council, installing a new one and voiding the tribal government structure.

“It just shows that we're all fed up,” said EJ Crandell, who by meeting's end would find himself among the newly elected council members.

According to the organizers of the Sunday meeting, based on Bureau of Indian Affairs guidelines and the tribe's own constitution, approximately 75 enrolled members – or 51 percent of the tribal roll – needed to take part in the voting to make it valid.
Of the close to 100 people present, it was determined that 79 enrolled members were present, clearing the way for them to move forward on a slate of 12 resolutions.

And move they did, swiftly voting unanimously to nullify a 31-year-old tribal constitution and removing from power the sitting tribal council, which includes Chair Tracey Avila and members Curtis Anderson Jr., Michelle Monlo, Kim Fernandez, Stoney Timmons and Nick Medina.

“It's a new world. It's a new path,” said Clayton Duncan, who was elected the interim tribal chair.

Along with Duncan, the new interim council will include Bruce White, Nathan Solario, Monty Orozco, Rosita Anderson and Crandell, a slate accepted as part of the agendized resolutions.

The new council will spend the next 90 days working to get the tribe's operations back up and running, appointing new committees and setting up an election for permanent officers.

Click this link for the rest of the story at the Lake County News

We invite all other tribes to stand up to those corrupt tribal councils that act outside their tribal constitutions.

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!

Deadbeat Dad from Viejas Band of Mission Indians Now Forced To Pay for HIS Children

A Wildomar mother who has been fighting to collect child support from her children's father, a member of the wealthy Viejas Band of Mission Indians in Alpine, has finally succeeded.

Christina Brown, who is not a tribal member, had taken her ex-husband, Sonnie Brown, to court to force him to pay child support and won. But the courts were powerless to collect thousands of dollars in late payments because the state can't garnishee the money that tribal members receive from casino profits.

Brown's ex-husband was not immediately available for comment.

Courts can sentence tribal members to jail for failing to pay, but they can't touch the money due to tribal sovereignty.

Brown's story brought statewide, public attention to the problem last year.

Last month, Brown finally received a $747 check in the mail after the Viejas tribal council reviewed a petition she submitted and agreed to voluntarily garnishee her ex-husband's monthly casino stipends ---- known as "per capita" payments ---- which total about $240,000 a year.

The amount Brown receives in the future is likely to increase to about $4,000 a month, she said. The smaller amount last month was due to a mistake in the paperwork, Brown said.

Brown, 39, said she was thankful for the tribe's decision.

"They made a huge difference in my kids' lives," she said.



Read MORE of Edward Sifuentes article From the NCTIMES

Cherokee Nation Election Officials Begin Counting Today, Results Due Wednesday

The election for Cherokee Principal Chief is over and counting begins today.   Cherokee officials, which failed to provide adequate election results in the last election, say they will have votes counted by Wednesday.

On Friday, Cherokee Freedmen protested outside the BIA in Muskogee as many freedmen had not recieved their membership cards.

Marilyn Vann said they still have their 1866 Treaty Rights.     She drove 320 miles to exercise her right to vote and her committment to the process.

Friday, October 7, 2011

Chad Smith Campaign Used Copyrighted KJRH Video Against Bill John Baker Campaign

We caught this exchange of TV station  KJRH Channel 2's Facebook Page.  The Chad Smith campaign sent out videos that were copyrighted material without permission of the station.   One more reason why Smith is in our HALL OF SHAME

Why has this station allowed news footage to be used in a youtube video to speak against and ridicule the Appointed Principal Chief Joe Crittenden and Candidate Bill John Baker, as well as the Cherokee Freedmen. Not only that but this video makes it look as if you are supporting and endorsing exChief Chad Smith. I am NOT pleased in your actions.


Baker, Crittenden, Freedmen

www.youtube.com

Bill John Baker and Joe Crittenden are standing up for the Freedmen..
I agree - I posted a complaint about this yesterday, but have not heard anything yet. I received this channel 2 news video in an email yesterday asking me to watch this video and donate money to the Smith Campaign. It was sent by the Chad Smith campaign to Cherokees living at large. Does Channel 2 support these views??

 KJRH The Channel 2 video is being used without our consent, or the consent of our parent company. We were made aware of it just this afternoon and we are working to get this video removed.

The video has been removed, but can you unring a bell?

Cahto Tribe Loses Their Disenrollment Case

For years, tribes in California and across the country have been kicking out members – sometimes over objections that those being “disenrolled” have legitimate claims to being part of the tribe. In most cases, the federal government can do nothing, and hasn’t tried.

That’s what makes the Sept. 22 federal district court ruling against the Cahto Tribe of the Laytonville Rancheria so unusual. The appeals court ruling essentially told the tribe to let 22 members back in, or risk losing most federal benefits. The tribe has 60 days from the ruling to file an appeal.

But don’t expect the ruling to start a trend. The tribe had an unusual constitution which allows the Bureau of Indian Affairs (BIA) to withhold money if they believe the tribe is kicking people out without reason.

Most California tribes do not have this kind of provision in their governing documents. The Cahto Tribe was also able to vote and change their own constitution in 2006 to get rid of the provision — but the disenrolled members filed their appeal in 1999, so they were still subject to the old rules.
The ruling also helps illustrate the strange relationship that California tribes have had with the federal government in general and the BIA in particular. Some critics of tribal disenrollment have praised the BIA’s pursuit of this case — while maintaining that the agency has a checkered history in terms of protecting the rights of tribal people, and still needs major reform today.
“The court decision says they did not move legally,” said Dale Risling, Pacific region director of the BIA, which brought the suit. “So we have to consider the actions the tribe takes from this point on. If the Sloan-Heckler family are not including, it looks like we probably wouldn’t be able to recognize the actions of the Council.”
Risling didn’t lay out a specific dollar figure, but did say there is a lot at stake for the tribe: “They get some of their basic budget funding for the operation of the tribal government, they get housing grants, road services money, various federal program monies.”
This money would remain unspent with the BIA, Risling said. If the federal fiscal year came to an end without the tribe resolving the membership issues, he added, the money would permanently go back to the federal government.
According to the tribe’s website, they have a reservation of about 200 acres near the town of Laytonville, population 1,200, 170 miles north of San Francisco on Highway 101. About 250 people live there, but there are only about 50 voting members in that group.
The ruling comes 16 years, almost to the day, when 22 members of the family, many of them direct descendants of a prominent deceased chief, were disenrolled from the tribe. For years, Gene and Alice Sloan have led the group as they sought reinstatement, and become a noted leader in the larger movement of disenrolled former tribal members. The case dragged out for years, partially because it had to go through a long standard internal review at the BIA.
The tribe does have another source of income — but the Red Fox Casino is known as the smallest tribal casino in the state. It’s an alcohol-free facility. It lists just 93 slot machines and a few gaming tables, but according to Gene Sloan, there’s only about 30 to 40 operating at any given time.
Like many tribal disputes, this one starts with the casino. Sloan served on the tribal council for several years in the 1970s, he said, and spent one year as chairman. In 1995, responding to complaints from tribal members that they were getting little or no income from the casino, he said he and others started looking into the operation and found accounting issues suggesting someone may have been skimming money.
The situation quickly escalated, and the FBI and Mendocino County Sheriff’s Department came onto the reservation to keep the peace. The Sloan-Hecklers were able to get their critical appeal in 1999, but then the case disappeared into a long process through the Indian Board of Internal Appeals within the BIA, which had to rule on jurisdictional and process rules before the agency acted. Last December, the Sloan-Hecklers’ longtime attorney, Tim Vollman, died in a bicycle accident before being able to see the case through.
Laura Waas, central California director of the American Indian Movement (AIM), said that the power to do good today came from actions decades ago designed to rid the federal government of giving benefits to American Indians in California. The Cahto Tribe’s unusual constitution comes out of what is known as the termination era.
From the 1940s through early 1960s, the federal government sought to assimilate many American Indians into the larger culture. A big part of this was taking away federal recognition of many tribes. California, with numerous small tribes, was particularly affected. The effort peaked with the Termination Act passed by Congress in 1953.
Waas said that act had a goal, and many American Indians believe that is the same goal the federal government has today: “To get rid of Congressional trust responsibilities to Indians.”
Instead, she said, she’d like Congress to pass legislation pushing tribes to change their relationship with the federal government – specifically, to put in a standardized set of rules to protect people who are legitimate members of tribes.
When the Cahto tribe got their federal recognition back in 1967, they ratified a tribal constitution designed to maintain access to federal benefits, Risling said. Within the document was a very simple formula for determining who is a tribal member: those living on the Laytonville Rancheria as of October 31, 1944, and all of their direct descendants who can show they are at least one-quarter American Indian.
Therefore, the given reason for disenrolling the Sloan-Heckler members — that they have shown up on the membership rolls of other tribes — was irrelevant. The BIA argued, and the court agreed, that the Sloan-Heckler members met the requirements.
Despite the win in court – and those who have hailed the decision – Risling confirmed that the BIA was a reluctant participant in the case.
“As far as we’re concerned, we would rather not be involved in enrollment issues,” Risling said. “But if an issue comes up, we have to comply with their laws.”
In most cases, the BIA does not have this authority. It does apply to a few other California tribes, though Risling said he was not sure of how many.
One tribe in a similar situation is the Robinson Rancheria Band of Pomos. But the BIA upheld the disenrollment of 45 people there last year. The tribe also owns a 600-slot-machine casino, giving them a greater degree of financial independence.
The best-known recent case of the federal government getting involved in tribal membership comes from the widely-covered dispute between the Cherokee Nation in Oklahoma and the Cherokee Freedmen, descendants of former slaves owned by tribal members. The tribe’s effort to expel these 2,800 people – about one percent of the total membership – has been going on for a quarter century.
It also led the U.S. Department of Housing and Urban Development to freeze $33 million that would have gone to the tribe – something allowed under the treaty the tribe signed with the federal government way back in 1866. The case is ongoing.
Despite the case being “put on pause” inside the BIA for so many years, Gene Sloan said he is quite happy—and that he hopes it leads to change in federal policy.
“We wanted to set a precedent for other tribal people that were disenrolled,” Sloan sa

Thursday, October 6, 2011

Hope and Change for the Cherokee Nation; Last two voting days Thursday and Saturday

IF those who want change in leadership at the Cherokee Nation of Oklahoma don't vote, they deserve what they get in Hall of Shamer  Chad Smith.
Eligible Cherokee voters who have yet to cast ballots may do so Thursday and Saturday at the tribe’s election office in Tahlequah.


Election officials plan to begin counting ballots at 8:30 a.m. Sunday.       In other news, there will be a protest Friday at the BIA office in Muskogee.

Morongo Tribes Ups Ante in Property Dispute; Changing Street Name

 A road name change stirred up a lot of past problems for a Banning developer.

Lloyd Fields fought for change with the Morongo Tribe for years. Now, it's finally happened, but not the one he wanted. Fields Road, named after his father, Harry, will soon become Malki Road.

A spokesman for the Morongo Tribe of Mission Indians tells News Channel 3: "Changing the name to Malki Road will minimize confusion and provide easier public access and visibility to the Malki Museum, which is located on that road."

The name change is only the beginning for Fields, though.

Fields owns 41 acres on the west side of Fields Road. He said he had wanted to develop the land, but in order for people to get to his property, they would need to go through this gate. The Morongo tribe doesn't let non-tribal members through.

The tribe says, "At the requst of the city of Banning, the Morongo Tribal Council is reviewing options regarding the gates, which could include voluntarily moving our guard station at the tribe's own expense to further accommodate our neighboring landowner, Mr. Fields. "

"That will determine if it is on public right of way or not. If it isn't, the tribe will not have to move it, if it is, the tribe has said that they will move it onto their reservation property," City Manager Andy Takata said.

"He said three months ago that they were going to do it then. They're stalling," Lloyd Fields said. "If they're going to add insult to injury, if they're going to take my name off Fields Road after they have in effect destroyed my property value, then I think that Banning has a duty."

"If it is on tribal property, there's nothing the city can do," Takata said.

Fields said there is something the city can do, and he's going to make sure it's done

Tuesday, October 4, 2011

CA Assembly Speaker John Perez (D) Takes Hefty Donation from Pechanga Tribe, Which Violated the Civil Rights of Their People and One that Practices Apartheid On their Reservation

The Pechanga Band of Luiseno Indians has cut a hefty check to Building California's Future, the ballot-measure committee of Assembly Speaker John Perez, D-Los Angeles.   This means that Speaker Perez turns a blind eye to the civil rights violations and the tribes practice of APARTHEID

The Temecula-area tribe's Sept. 15 contribution was reported Monday.

The tribe briefly made an end-of-session push for legislation designed to block the Liberty Quarry project near Temecula. The bill stalled at its first Senate hearing but could be resurrected in January.

Why do we think Perez would have supported the Arizona boycott for “possible civil rights violations”. LOOK AT YOURSELF Mr. Speaker. You help Pechanga get away with civil and human rights violations in TEMECULA CA.  Not to mention the THEFT of citizenship.  That is NOT the same as asking someone to see their ID or required paperwork.

Give the donation BACK.

Monday, October 3, 2011

What's in a Name? To Washington Post, Niggerhead is Offensive, Redskins Isn't

Indian Country Today has a story up on the polical flap involved in an old family hunting area of Presidential Candidate Rick Perry in the Washington Post. They rightfully slap the Post for it's use of the offensive to Native Americans word: Redskins

Anyone who read the story The Washington Post published over the weekend, lamenting Republican presidential candidate Rick Perry’s alleged inaction on changing the name of the “Niggerhead” hunting camp his family has frequented for decades, knew that this was not good news for Perry. But few in the mainstream media have pointed out The Post’s own abuse of language in continuing to refer to the D.C. football team by the name “Redskins”— a word that many Indians find just as offensive as many African Americans find the N-word.



On its website, in fact, The Washington Post juxtaposed its stories about Perry next to a story, titled “Redskins on Hold, Escape Win Over Rams.” The newspaper’s editors apparently did not recognize the irony.

Many newspapers recognize the offensive word and refuse to use it in their articles, instead using the Washington football team.  Redskins, a term going back to colonial times when bounties were offered on Indians, $50 pounds for a healthy Penobscot male.

Bob Gough, a leader with the Intertribal Council on Utility Policy, breaks it down:
“Sir, which is worse: That a potential presidential candidate from Texas has a family hunting camp that was once named ‘Niggerhead’ or the Nation’s Capital, where he is hoping to move, still proudly supporting a sports team named ‘Redskins’?


“Your paper’s contra-positioning of ‘Niggerhead’ v. ‘Redskins,’ with expressed concern over only one of these terms, seems sadly, but blatantly racist and hypocritical.”

The New York Times uses the offensive term five times in an article about John McCains chances to win the presidency. So the liberal papers, are very selective in their outrage.

Never mind that the story is untrue, as our friend Jazz Shaw points out here .   The hypocrisy of our news media stands out like a drunkards nose.

Our friend Sherri Mitchell says:  Its astounding that this type of terminology, used to memorialize the slaughter of a people, is still being used casually and recreationally by American society. Its Shameful

Saturday, October 1, 2011

Cherokee Freedmen's Federal Case Dismissed; U.S. Government SHOULD withhold funds

Does the U.S. Government support treaty violations by the Cherokee? Did we support apartheid? Well, we know the BIA/Department of Interior gives blanket support via their inaction to the apartheid practiced at Pechanga and Redding, but is that honorable?

Filed in 2003 by a group of freedmen descendants against the Cherokee Nation, then-Principal Chief Chad Smith and then-Secretary of the Interior Ken Salazar, one lawsuit claimed that the tribe violated the Treaty of 1866 and the 13th Amendment of the U.S. Constitution by stripping the freedmen descendants - the descendants of former slaves of the Cherokee - of their tribal citizenship.

The lawsuit came after the freedmen descendants were not allowed to vote in the tribe's 2003 election.

Among the suit's requests were that the court prohibit the federal government from recognizing any Cherokee election, distributing any federal funding to the tribe or recognizing its government-to-government relationship with the tribe until the descendants' citizenship is restored.

In his decision, U.S. District Judge Henry Kennedy wrote that the tribe never waived its sovereignty in the lawsuit, leaving him no option but to dismiss it because sovereign nations cannot be sued without their consent.
"The suit cannot proceed without the Cherokee Nation, and the Cherokee Nation did not waive its sovereign immunity such that it can be joined as a party to this suit," Kennedy wrote.

Jon Velie, the freedmen descendants' attorney in the federal court proceedings, said in an email Friday night that the decision to dismiss one of the lawsuits does not change the status of the 2,800 freedmen descendants whose citizenship was restored on Sept. 21. They can still vote in the special election

The agreement, he wrote, will remain in place while the other lawsuit is pending.

Read the Rest of the TULSA WORLD story