Monday, April 29, 2013

OPEN LETTER TO: PALA GENERAL COUNCIL Details Lawsuit Against Pala's Executive Committee


An Open Letter to the Pala General Council

According to reports from those who attended, the matter of lawsuits filed against the tribe was on the agenda of the General Council meeting on April 10,2013. The disenrollees want you to know that none of the lawsuits name the tribe as a defendant. We know that the Pala Executive Committee is responsible for disenrolling us, and that is why we are suing them and not the tribe.

These lawsuits were filed in order to present evidence in federal court that the disenrollments were illegal, and that the Executive Committee exceeded their authority. The BIA and the Department of the Interior are the defendants in the Thor Emblem case (Aguayo vs. Salazar). The members of the Pala Executive Committee are the defendants in the Elizabeth Lin case (Allen vs. Robert Smith). The lawsuits are a matter of public record, and anyone who wants to see who the defendants are in these cases can look it up on the Internet at: http://dockets.justia.com. The case against the BIA can be searched under “Aguayo vs. Salazar”, and the case against the Pala Executive Committee can be searched under “Allen vs. Robert Smith.”

Since the tribe is not named in any of the legal actions, the tribe is not required to pay the legal expenses. The reason why the tribe is paying the legal fees of the Executive Committee members is because Robert Smith and the Executive Committee decided to use the tribe’s money instead of their own money. This decision was made without consulting the General Council. It is a routine practice for the Executive Committee to act without notifying the General Council when they use tribal funds for their personal business. If politicians do this in city, county, state, or federal governments, it is called misappropriation of funds and is considered illegal and unethical. In Pala it is business as usual.

Keep in mind that there would be no legal expenses and no lawsuits if we hadn’t been illegally disenrolled. Robert Smith wants to blame us for the problems he created, but he is trying to deceive the General Council. He lied about Margarita Brittain’s blood degree. He lied about the disenrollees failing to file their appeals on time. He lied about the evidence he supposedly has. Now he lies about the lawsuits. At least he is consistent.

Per-capita was supposed to go up because of disenrollment, but instead it’s used to pay for legal fees, personal bodyguards, hi-tech security, a hideout at the Pala Casino Hotel, a book of lies to pass out to tribal members, and all the other costs of keeping legitimate members out of the tribe. Your Chairman and his lackeys will never admit that it is their fault that they are involved in lawsuits. They won’t tell you that the price tag will keep going up, and that more and more tribal money will be spent to keep out people who can prove they belong. Instead they will cut per-capita or disenroll more members to raise money to cover the ever-growing costs. Just to be clear, the lawsuits could be settled simply and easily by reinstating the disenrollees. Then the legal expenses would no longer be a drain on the tribe, and there would be no more arguments about disenrollment.

There is a rumor that the Casino business has been poor the last three months and that per-capita may be reduced. This points to a serious problem at Pala with the management of Casino revenue. Robert Smith can blame the disenrollees all he wants, but he is the one who controls the finances. If there are money problems the General Council should be asking Robert Smith and Theresa Nieto hard questions about how much money there is and how it is being spent. Ignore the lies about the costs of disenrollment, and get the details about the finances. 

In the meantime we hope that you will see that we are honest and sincere. We don’t have to lie because we have done nothing wrong. We belong and we can prove it. Perhaps instead of listening to more lies from Robert Smith, the General Council will allow us to present our proof and see how the Pala Executive Committee has deceived them. Until then we will continue to fight it out in court. 


OP:  We are proud to stand with the Pala people, all of them, including those who have been harmed by the actions of Robert Smith and the Executive Committee.  Be sure to take a look at  http://palawatch.com



47 comments:

Joseph Harris #821 said...

Thank You

Anonymous said...

Chairman Smith sure is a piece of work. Hope all the Pala people don't quit like the Pechanga people have...

Reinstatement_Restitution said...

We aren't quitting. There is a new development that we will discuss when the time is ripe. We won't reveal our position at this point because the Pala EC has bought friends in high places who work against us. They should be fearful though, because the evidence is mounting against them.

The disenrollees have acted honestly, sincerely and in good faith. This is how we have combatted the evil that has been perpetrated against us. We can hold our heads high and have no shame. Our opposition must hire private security. Need I say more?

Anonymous said...

The evil that men like Smith do, harming children and the elders they should be taking care of....it MUST be brought to the light..

Anonymous said...

Funny that you don't direct anyone to the link that states the disenrolled lost in court again. You cite the EC as acting outside of their authority but your remedy is to make the EC reenroll you. Is that within their authority?

Then again you write about a new development, how many new developments has that been now? Last I read, the EC had spies, they rigged the election, they hire thugs to beat up people,now they bought off people high up. I love the suspense you portray. "when the time is ripe"

This is almost as believable as reality TV.

No, I am not even a tribe member just someone watching and wondering when the insanity will stop. Your feud is costing people valuable dollars by tying up the courts.

Reinstatement_Restitution said...

Judge Hayes dismissed our attempt to sue the Pala EC for acting outside their authority on the grounds that they are protected by sovereign immunity. That does not mean they did not act outside their authority. In fact the Pala EC does not deny any of their wrongdoing, they merely hide behind sovereign immunity, and the government lets them because the EC was only hurting Indians on the rez.

There is a 1984 Pala General Council decision to correct Margarita Brittain's blood degree to 4/4. There is a Federal Order from the Secretary of the Interior to enroll us. There is a safety clause in the Enrollment Ordinance of the Pala Constitution that states the intent of the EC is to retain all members who were enrolled at the time of the Constitution's approval in the tribes rolls, and that includes us.

The authority of the Pala EC comes from their vows of office which state they will enact the decisions of the General Council and abide by the laws of the Pala Constitution. So they did act outside their authority, but Judge Hayes dismissed the case rather than set a precedent for challenges to sovereign immunity. We are appealing his decision. He did not properly address the many arguments we submitted.

That is how things work in Federal Court where Indians are not treated fairly. This is how Indians are treated in all matters unless they have big money to contribute to campaigns, and grease the wheels. That is why Tribal Officers that control the purse strings have prevailed time and again in their illegal disenrollments.

Does the Pala EC have the authority to reinstate us? Of course they do. They control the enrollments. The tribe never gave them this authority. They took it. The BIA let them. Our Tribal Officers got control of the money, threatened, bribed, hired lawyers to coach them in disenrollment, and then discrimated against those who challenged them. If you don't see that then take the blinders off.

The Pala EC monitors the disenrollees Facebook pages. They turned members of our own family against us, and we have had to shut them off of all communication to prevent leaks of information. They leveraged the cooperation of the So-Cal Superintendent of the BIA to obtain documents that they used for disenrollments. They made campaign contributions to the San Diego District Attoney to obtain favors. It is sad but true, and a matter of record.

There have been at least three people beaten, two murders, and lots of threats bandied about by the Pala EC. We have filed complaints with the US Attorney. So far they have promised indictments that never happen, or presented evidence of threats against the Pala EC to portray the give and take as something that will work itself out.

What would you do? Would you just sit and take it if someone stole your land, home, income, burial rights, medical coverage, children's trust funds, tainted your ancestors, and then laughed at you because they thought you were powerless?

The new development is no secret, but I won't talk about it until the end of May when the facts will not interfere with our reinstatement. We pay our own legal fees, as does the Pala EC. Our money is just as good as yours. When you have a legal problem, I won't complain if you seek resolution in the courts. Please give us the same consideration.





Anonymous said...

Will your legal battle help all of the dissenrolled, or just the ones that have the resources to afford attorneys ?

Pala Elder said...

To Reinstatement_Restitution.
Who gave you permission to talk about our court case,Aguayo V. Salazar?. In fact we asked you nicely not to mention our case in anyway shape or form.Our case does not involve you in anyway. so please stop it now or i will get a court order to force you to do so.
You have no idea how much harm you cause our case.We live here and we do not need anyone putting us in any kind of jeaporty with anyone.So i am asking one last time to zip-it.

Anonymous said...

Isn't the case public record? Anyone can view the details of the case. I have read it myself. I don't think r&r gave up any top secret info.

Reinstatement_Restitution said...

To Pala Elder,
Sorry if you take offense, but I was referring to Allen vs. Smith et. al. You are far too quick to jump the gun, cuz, because there was no case name mentioned. Judge Hayes is the judge in our case, and I am a defendant. Note that I say we have filed an appeal, and I reveal nothing that is not part of the public record. I hope we all work for the same goal and this battle needs our cooperation and not infighting.

I am greatly saddened that there was no success in our case so far, but there is still plenty to be hopeful about, and we will ultimately win. I have worked diligently toward reinstatement of us all and will continue to do so. If you feel my efforts are harmful perhaps you should contact your lawyer and see what he thinks. I am not sure how bringing public attention to the harm that has been done to us is against our best interests.

Anonymous said...

One thing to add is some people who do not know about the EC or Pala except through the blogs do not understand that the Pala EC members are also the Enrollment Committee and the Tribal Court, that is why we are having problems just going through the tribe, there are no checks and balances. Also, The Election Committee members are direct relatives to the EC members, the EC also has control of the Post Office,tribal security, and pretty much anything else that has to do with Pala. When they are interviewed they act like they are different entities, but they are all the same people. The EC has slowly gained power over everything in the past 5 years through manipulation of the constitution and elections, with the help of their lawyers, one of which is the niece to the Regional Director of the BIA in Sacramento,which usually would be considered a conflict of interest, but they know that Sovereign Immunity is a powerful stance.

Reinstatement_Restitution said...

Anonymous said...
Will your legal battle help all of the dissenrolled, or just the ones that have the resources to afford attorneys ?

May 1, 2013 at 8:46 PM

Our legal action will only benefit the Plaintiffs in the case. This is because we are suing the Pala EC as individuals and asking for damages. I will not say anything about the other lawsuit(s). The ultimate goal is to attain reinstatement for all the disenrolled descendants of Margarita Brittain.

Anonymous said...

Pala Elder is right. R&R and his band only care of themselves as R&R clearly said "Our legal action will only benefit the Plaintiffs in the case." that is not everyone. They don't care about anyone else. Just their money.

If you note the name R&R,the first R is reinstatement and the second R is Restitution. Meaning we want our money and back pay. If they were sincere, it would the H&H, Heritage and Honesty.

They are willing to tromple over anyone else's legal action to get what they want.

No R&R, Judge Hayes did not dismiss your suit solely upon sovereign immunity, it was because the remedy your band sought required the tribe to make a reversal. He found the EC acted within the definition of their authority and thus sovereign immunity applied.

As far as your new development if it is no secret as you say, then why not share with the others, Wait, I know why, then if you win and they don't then you get more money.

If you are relying on the Freemen ruling, keep dreaming. As the tribe already said, you don't belong.

Just keep going and destroy your tribe forever.

Anonymous said...

The people who are destroying the tribe is the EC!
Forget your spin tactics,be accountable for your actions EC.

Anonymous said...

@3:39, For your information the Judge felt that it was not his jurisdiction to rule in the case against sovereign immunity, because we have not exhausted all our avenues, it is the way the federal court system works. I don't get why you hate us so much if we all came from the same place we are all related somehow, at least we know Margarita came from Kupa, maybe your ancestor did not, we belong and we want all disenrolled back in and we do not want any more disenrollments. Unfortunately you cannot say the same and that is sad that money is more important to you than treating family with respect and love. We are diligently trying all avenues to get all back in, the lawsuits are the only legal options we have and you know that and you know why. Your manipulation and dishonesty will only last so long and then the whole truth will come out, and then we will see. You call it cleansing, but open your eyes and look what is happening across the nation, natives are destroying their own people's lives while the government sits back and watches until all natives are gone, because natives are useless to them. They just cost the government time and money. You have broken the sacred circle, we have not. We have not kicked people out of the family homes, we did not steal your heritage, we did not ruin your life and sense of belonging, we did not shame your ancestors. We did call you cousin and we did share bad and good with you and there was a time we stood by your side as brothers.

Anonymous said...

R&R, so you finally acknowledge that the EC pays their own legal fees. Breakthrough.

As R&R said at May 1, 2013,9:10PM "We pay our own legal fees, as does the Pala EC." Now we are breaking ground. You said before the tribe pays them.

Does the EC have authority to disenroll you, you have always said "no", but above when asked if the EC has the authority to reenroll, you say, "Of course they do." Speak straight.

So best of all you say that "the judge did not properly address the many arguments we submitted." Shouldn't that tell you that your arguments have NO merit. Below are your exact words.

"So they did act outside their authority, but Judge Hayes dismissed the case rather than set a precedent for challenges to sovereign immunity. We are appealing his decision. He did not properly address the many arguments we submitted."

Glad to hear you know more that Judge Hayes. I am sure he will be glad to know as well.

I applaud the judge for his ruling.

Reinstatement_Restitution said...

Thank you for arguing my points. It gives me an opportunity to explain things clearly.

"Pala Elder is right. R&R and his band only care of themselves as R&R clearly said "Our legal action will only benefit the Plaintiffs in the case." that is not everyone. They don't care about anyone else. Just their money."

We have to follow the law. If all of the disenrolled had joined in the case, and helped with the legal fees, then they could participate in the damages. They did not make that choice. We stuck our necks out to help our people. If you were well informed you would know this. Instead you act like you know, when your facts are incorrect. That is ignorance.

"If you note the name R&R, the first R is reinstatement and the second R is Restitution. Meaning we want our money and back pay. If they were sincere, it would the H&H, Heritage and Honesty."

Oh really. Sincerity means letting the Pala EC steal your benefits based on a lie, and then thank them. What if you were disenrolled, and lost your benefits? Would you pretend that it was the right thing to do. My god, does anyone read these idiotic comments?

"They are willing to tromple over anyone else's legal action to get what they want."

Whose legal action was trompled over? Are you saying that naming the defendants in a case is trompling over a legal action? Revealing the secrets of a public record is no revelation at all.

"No R&R, Judge Hayes did not dismiss your suit solely upon sovereign immunity, it was because the remedy your band sought required the tribe to make a reversal. He found the EC acted within the definition of their authority and thus sovereign immunity applied."

This is a very large lie. We seek damages from the Pala EC. We did not name the tribe as defendants, we did not ask anything from the tribe, and you have to prove otherwise because there is a public record that tells the truth.

"As far as your new development if it is no secret as you say, then why not share with the others, Wait, I know why, then if you win and they don't then you get more money."

I will share the info after it becomes a public record in order not to offend any of the parties involved.

"If you are relying on the Freemen ruling, keep dreaming. As the tribe already said, you don't belong."

You couldn't be further offbase. That is why I am not saying what the development is, in order to keep you guessing wrong.

"Just keep going and destroy your tribe forever."

And there you have it. I am destroying the tribe by working to be reinstated. Think it through. I will destroy the tribe by fighting my illegal disenrollment. One little Indian...

I guess one little Indian can do a lot of damage. Look at the damage that Robert Smith has done. But he is a good guy and I am trying to destroy the tribe. Is there a way to sound more foolish?

Anonymous said...

The EC is paying their legal fees with the tribe's money, just like they do everything else with the tribe's money, they make so-called bad investments, make campaign contributions,buy houses for themselves in Ireland, oh yeah and buy their family members new cars that they also have contests for at the Casino, (probably just a coincidence huh?) all with the tribe's money. Where is the 13 Million that they offered for Warner's, who got that, the tribe or Robert?

Reinstatement_Restitution said...

"Anonymous said...
R&R, so you finally acknowledge that the EC pays their own legal fees. Breakthrough."

The Pala EC paid their legal fees. The money came from the Tribal budget. It was no burden on the taxpayers. I was responding to the comment that we were wasting the taxpayers money by tying up the courts.

"As R&R said at May 1, 2013,9:10PM "We pay our own legal fees, as does the Pala EC." Now we are breaking ground. You said before the tribe pays them."

See the above comment.

"Does the EC have authority to disenroll you, you have always said "no", but above when asked if the EC has the authority to reenroll, you say, "Of course they do." Speak straight."

They assumed the authority over enrollment, and with that same assumed authority they could reinstate us. That does not mean it is an authority that proceeds from the General Council or the Constitution of the tribe. There is a difference between legitimate authority and assumed authority. Legitimate authority is justified and sanctioned, assumed authority is stolen and unsanctioned. Even so, authority is still the term applied. Now answer me this. If the Pala EC had not assumed authority over enrollment matters, how could they have disenrolled us? It is that same assumed authority they could use to reinstate us.

"So best of all you say that "the judge did not properly address the many arguments we submitted." Shouldn't that tell you that your arguments have NO merit. Below are your exact words.

"So they did act outside their authority, but Judge Hayes dismissed the case rather than set a precedent for challenges to sovereign immunity. We are appealing his decision. He did not properly address the many arguments we submitted."

Glad to hear you know more that Judge Hayes. I am sure he will be glad to know as well."

That is why we are appealing his decision. We would like him to address the arguments we presented. Just because he is a judge, that does not mean that we cannot disagree with him. It does mean that his judgement overrules ours in court.

"I applaud the judge for his ruling."

I have proof of my blood and right to belong. The BIA has recommended that we stay enrolled, though they won't interfere. The Pala EC has harmed us for profit and personal enmity. You can cheer for the wrong team. It is a free country.

Anonymous said...

R&R, let's make it easy for everyone. At the top is the conclusion from the judge. Under that is the explanation why. This may explain what you call the very large lie. It really isn't, now is it?

IT IS HEREBY ORDERED that the Amended Motion to Dismiss (ECF No. 17) filed by Defendants is GRANTED. The Complaint is dismissed on the basis of sovereign immunity.
DATED: March 11, 2013

Read further to see why it is sovereign immunity:

Based upon the “essential nature and effect” of the injunctive and declaratory relief
sought in the Complaint, the Court finds that the Pala Tribe is the “real, substantial party in interest” in this case. Only the Pala Tribe, whose sovereign immunity is unquestioned, could satisfy the relief sought in the Complaint, i.e. the reinstatement of Plaintiffs as members of the Tribe. Defendants, as members of the Executive and Enrollment Committees, “possess the power” to grant Plaintiffs that relief “on behalf of the tribe.” Accordingly, the Court finds that this action, as alleged, is fundamentally one against the Pala Tribe and that Plaintiffs have sued the individual Defendants in their official capacities.

Although Plaintiffs challenge the motives and the findings of the Committee’s individual members, the Complaint alleges that the Committee, acting as a governing body, disenrolled Plaintiffs.

The Court finds that the relief sought in this Complaint would “require affirmative
action by the sovereign,” i.e. the Pala Tribe’s re-enrollment of Plaintiffs.


Plaintiffs allege that the revised constitution was never properly adopted, and that, as
a result, the original articles of incorporation are still in effect. Plaintiffs allege that under the articles of incorporation, Defendants would not have been authorized to disenroll Plaintiffs.

This issue is currently before the Bureau of Indian Affairs. See Aguayo v. Salazar, No. 12-CV-551-WQH (S.D. Cal. Nov. 19, 2012) (order dismissing complaint for failing to allege the existence of a final agency action that is subject to review under the APA).
The Court concludes that Defendants acted in their official capacities and within the scope of their authority when they made the membership determinations at issue in this case.

CONCLUSION
Pala is a separate sovereign and, based upon the factual allegations of the Complaint and the relief requested, its Tribe enjoys immunity that extends to the Defendants named in this case. Congress has not authorized this action and Plaintiffs have failed to adequately allege that the Tribe has waived its immunity. This action must be dismissed. See Kiowa Tribe ofOkla., 523 U.S. at 754 (“As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.”).

I just want to get the real facts in front of everyone. So are the above lies, as you like to say?



Reinstatement_Restitution said...

This is the Judge's decision. We are appealing it because we sued the individuals of the Pala EC for unspecified damages. I am not going to pretend to understand the judge's reasoning. It is true that we seek reinstatement. It is also true that we did not sue the Pala Band of Indians nor did we seek a remedy from them. That was Judge Hayes' reasoning, and not ours.

I guess this will all have to come out in the appeal. In the meantime you have correctly cited the decision in our case. It is a great disappointment to us that Judge Hayes did not recognize that the Pala EC went against a 1984 General Council decision that changed Margarita Brittain's blood degree. The Pala EC wrote and approved among themselves an enrollment ordinance that gave them the power over enrollment. Both of these actions are in violation of their oaths of office.

The Tribe is sovereign. The Pala EC is sovereign when they act under the authority of the tribe. They did not do so in this case, and as you say the Judge did not see the merits of our argument and instead chose to apply a reasoning that arose from a remedy that was mentioned in the complaint.

You have the Judge's decision cited, but did not weigh it against the complaint. That is fair enough. I don't expect anyone else to be the Judge in this case except the one assigned. And no disrepect to Judge Hayes. His job is to rule on the application of the law, and of course he knows vastly more about the law than I.

The Pala EC disenrolled us without evidence, without due process, in violation of a Federal Order, and in violation of the Pala Constitution. Because it is a Tribal membership dispute and covered under the principle of Tribal Sovereignty, it is common for judges to dismiss such cases.

Perhaps it is better for Indians to resolve their own problems. What do you do though when the individuals who break the law are the ones who are charged with upholding it? We broke no law, we complied with all the provisions of enrollment, we have the evidence of our bloodline, and we have a Federal decision that orders our enrollment. So that is why we disagree with Judge Hayes, and why we continue to fight against our illegal disenrollment.

If you are willing to research the Judge's decision, then perhaps you are willing to see the evidence we have presented. Keep in mind that the Pala EC has no evidence. Or perhaps you are more interested in seeing corrupt Tribal officals boot people out of their tribe in order to deprive them of their legacy, heritage, and benefits.

Anonymous said...

R&R, it is obvious that 6:00p.m. is someone from the EC, so do not converse with them, do not even give them the time of day, they are trying to get you to say things that they can use against you in rumors. You know the truth, everyone really does. All they have is sovereignty to hide behind, they can't admit they are wrong and they cannot defend their position because they know that Margarita's descendants belong. It is sad that they have to act like little children, they are shaming their ancestors by doing this and eventually their families will have to pay for their stubbornness. Their discern for their own tribe shows what kind of people they are. Even Kilma said that he knew the descendants belonged and that it was out of hate that Robert and Leroy have done this heinous crime. It is also obvious that Theresa has something on Robert since he kisses her "a.." and who knows what else these people are doing, but it will all come out in the end and they will face their own demons they have created. I think they must be nervous or stressed to keep talking with you trying to make you look bad. All they have to do is show their proof, which they have not and won't. Just let them wonder, you do not need to defend yourself, your proof speaks loudly.

Anonymous said...

To 11:15am and R&R:

I come across very abrupt and confrontational but let me make one thing very clear. I am NOT from the EC or even associated with them. In fact, I am not even Native American. So based upon that you can just dismiss my points above but I am playing the role of devils advocate. My job is to shoot holes in your legal approach so you look further and win what is rightfully yours.

Call me the enemy if you chose but we all have the same goal in mind.

I can't share more than that at this time.

White Buffalo said...

It is apparent that you seek to achieve a ruling that gives monetary damages and a reversal of disenrollment in the form of reinstatement. It sounds like the problem arises with the reinstatement. If you are suing the individual then it does not seem logical that you should ask for reinstatement. I say this because as an individual these people do not have the power to reinstate in an individual capacity, that is it takes an action of the committee as a whole or general council majority vote to disenroll or reinstate, so the individual(s) who acted illegally according to tribal law and the BIA finding would have to be sanctioned by the tribe who's laws they violated. We know that you were wronged by individuals who run the tribal government and EC, and we also know that they will not pursue action against themselves. Their use of sovereignty bastardises the meaning of the intent of sovereignty. We Apis understand all to well what you are going through. It may appear that we have given up, but that is not the case we are still out there fighting for our heritage as our ancestors would expect us to. Do not give up hope and find a way to come together as a people and family,

Reinstatement_Restitution said...

White Buffalo,
We are brothers in our desire to reverse the disenrollments that were not sanctioned by our Tribes at large. I am Pechanga Indian also through my Grandfather, and I feel great sadness and disgust over the evil that has been brought to our peoples.

I probably say too much about our case, and so will let the sleeping dog lie. Really though the idea of suing the Pala EC as individuals because they were the ones who harmed us makes sense. Reinstatement would be a remedy to the harm caused. Financial damages were not specifically sought.

You say that these people do not have the power to reinstate. That may not be the case. They certainly had the power to disenroll. We know they will not pursue action against themselves. It is our hope that the General Council of Pala will see the lies and deceit propagated by the Pala EC. That is the reason for the Open Letter.

It is best now for us to focus on the upcoming appeal. We are working hard to establish the authority and the sanction of the General Council. How can Tribal Officers claim to represent the Tribe when they refuse to put the matter on the agenda of the General Council meeting so the Tribe can voice its consensus?

There is also the matter of compromising democracy by stealing power away from the Tribe and concentrating it in the hands of the Pala EC. The named themselves the Enrollment Committee and the Tribal Court. This was designed to limit the power of the General Council and to deny due process to those who have been disenrolled.

These machinations prove that the intentions of the Pala EC are entirely antithetical to the Constitution that they have sworn to uphold. It is the path to tyranny they follow and an agenda of destruction for the rights and freedoms of the people.

White Buffalo said...

I feel the pain of the Pala disenrolled. It is clear that from what I have read that; the EC acted outside of the law of the Pala tribe on the order of the tribal chief and others who represent him, so their action was an individual choice to follow the direction of the tribal chief. I get that. I also understand that reinstatement is a tribal function that is part of the governmental process that is protected by sovereignty, so I get the court judgment. The remedy then is to have the whole tribe, or general membership sanction those who are involved through the legal process allowed by the tribes constitution and by-laws. I do not know those rules/laws, so I could not say how this would be done, but I do know it will take the will of the people to accomplish this.

At Pechanga there is no unity or brotherhood anymore we are a family divided. The people have spoken at Pechanga, and what they say is that money is more important than spirit, pride, or fear of retribution takes their honor. Looking our for each other was an Indian tradition, and Indian community meant that you accepted all who would live among you.

If the people of Pechanga actually practiced the traditions that they say they believe and wish to preserve then those corrupt tribal leaders would have been replaced long ago. Now their Indian-ness is just for show for the outside world, and their Pow Wow's an empty hollow gourd without anything in it, no meaning or life just a ritual without spirit.

I do not seek the money from the casino. If I had my way the money from the casino would not be dispersed through per-capita, it would be use to better the tribe by providing to all Indians who seek help, fixing roads and setting up members in real business adventures that they would choose to pursue, or send our kids to the best schools. The idea that a person work for their money would not be lost on our young. There are tribes back east who are doing this. We do not hear much from them or their success because they quietly go about their business. I guess I talk too much too. It reminds me of tribal meeting when I was speaking and Marcy got so mad at me because I would not sit down that he threatened to have security escort me from the meeting.

Reinstatement_Restitution said...

White Buffalo,
Reinstatement must be ordered by the Enrollment Committee. In Pala the Executive Committee and Enrollment Committee are one and the same. The Executive Committee is dominated by Robert Smith. If he ordered it, it would happen very quickly. But he is the one who ordered disenrollment, so he will never order reinstatement unless he is forced to. That has been the obstacle all along.

Why did he order disenrollment? Because we questioned his management of the tribe and its finances. He will not allow anyone to challenge his power.

We tried to prevent Vice-Chairman Leroy Miranda from running for re-election because he plead guilty to criminal charges for soliciting sex with an undercover police officer while dressed as a woman at an adult bookstore. Robert Smith quashed our petition and then began the disenrollments.

Robert Smith got his lawyers to write an amendment to the Pala Constitution that would give him power over enrollment. He ordered the Tribal Secretary to withdraw the tribe from the So-Cal Inter-Tribal Courts. He removed the power of decision on appeal from the BIA. He stole authority from the General Council, set up the Executive Committee as the Tribal Court, pushed though approval of the Tribe's Constitution without submitting it to ratification by the General Council, covered up the criminal actions of Leroy Miranda, solicited Shasta Gaughen (the tribe's Environmental Director) to lie on her doctoral dissertation about the birth certificate of Margarita Brittain, illegally disenrolled legitimate members of the tribe, and the list goes on and on.

We have to stop him before he completely destroys the Tribe. If you wonder why we sued him and the other members of the Pala EC, then this is the best reason. The EC says we are greedy and that all we want is the money, but we are trying to save the tribe from destruction.

We would do the same with or without the casino revenue. I respect your words of wisdom and integrity. The future of our people depends on removing the greedy liars from office and renewing our customs and traditions. As you say, the Indian way has always been a generous spirit, acceptance of one another, and an easy going tolerance. This will return once we remove the infection.

Anonymous said...

So Brittain family, based upon what R&R said above,if you could get your heritage back and not get the per-capita from the tribe, you would accept that? Is that right or does R&R not speak for you? You say it is all about heritage so here is your chance.

"We would do the same with or without the casino revenue."

Thanks

Anonymous said...

Wow, you guys would come back into the tribe without your per cap?

Anonymous said...

They don't belong in the tribe. We don't care if they come in with or without the percapita. They don't belong.

The court says no.

Anonymous said...

If we didn't belong we never would have been enrolled!
It sucks that 5 drunks/drug addicts can change what the general council voted on in the 80's and disenroll with out proof!
They're a cowards anyways they can't even walk around the Rez without a bodyguard!


Anonymous said...

What happend to the brittian descendants was wrong. Everyone knows they belong. The evidence speaks for itself.

Anonymous said...

The general council voted on the issue back in the 80's. Now Robert thinks he has more power then the general council by overturning a dicision that they already made. I guess it doesn't matter what the general council wants because robert will just overturn it if he doesn't like it.

Reinstatement_Restitution said...

Anonymous said...
So Brittain family, based upon what R&R said above,if you could get your heritage back and not get the per-capita from the tribe, you would accept that? Is that right or does R&R not speak for you? You say it is all about heritage so here is your chance.

"We would do the same with or without the casino revenue."

How kind of you to insinuate that all the disenrolled want is the per-capita. It does show how your mind works. Just so you have the correct information, the descendants of Margarita Brittain fought for the correction of her blood degree long before there was a Casino and revenue to share.

There were many reasons for the effort, most of which was the continuity of the tribe. My grandmother told me she was worried that she might not be able to keep her land and home in the family after she died. As it is the tribe confiscated my uncle's land and demolished his house.

So you see, we have long known that we belong, and have worked over many years to prove that we are Pala in spite of the complaints from those who have tried to keep us out with every illegal and fraudulent tool at their disposal.

They have no proof. They never did. That is why they made pen corrections to the 1913 Pala Allotment Roll without supporting evidence. That is why they refuse to accept all the evidence that supports our enrollment. They lie and point at old arguments that have long since been proven to be incorrect, and say the proof is insufficient because they would rather believe some fictional story or erroneous decision of the past.

There you have it. We appealed, researched, battled, fought, and won once already with the 1989 Final Decision. There is an Order to Enroll issued by the Assistant Secretary - Indian Affairs, and the Pala Executive Committee was compelled to enroll us.

They never appealed this, and have never found any evidence that can overturn this ruling. Instead they have lied, deceived, rewritten the Constitution, withdrawn from the Inter-Tribal Court, gave themselves power over enrollment and pretended that it is the right thing to do.

Those of you who agree with these methods and their goal may find yourselves on the wrong side of the Pala EC. Be warned! They will take everything away from you and say it never really was yours to begin, and better go get yourself some welfare.

Anonymous said...

Nice speech R&R, I do applaud your effort. Now, answer the question posed without your usual bravado. You did not answer.

Here it is again:

Would you and your family accept your heritage back, without the per-capita?

Simple answer- yes or no. If it is "no" then we know what you really want.

I don't want to hear the "Be Warned" stuff. It's yes or no.

I will continue to challenge you on your true intentions.

Yes or no.Pretty simple stuff.

Anonymous said...

R&R, i trust you butt are your givin us up??You dint answer so I am scared., i want back in but I need the cap. i have know money

Anonymous said...

This is to anonymous 6:05. Would you give up your percap? Why should the britain descendants not be held to the same benefits that all other tribal members are entitled too? We're you not listening ? The Brittians fought this and won in the 80's when there was no per cap or even a talk of a casino . So obviously it was important to them to be enrolled before there was any money involved. I think what r&r is saying is that if there is a casino, or not they would still be fighting to be enrolled. but we all know that if there was no casino they would still be in the roll. So maybe it's about the money but your pointing in the wrong direction. The money is the reason behind the ECs decision

Reinstatement_Restitution said...

Anonymous said...
Nice speech R&R, I do applaud your effort. Now, answer the question posed without your usual bravado. You did not answer.

Here it is again:

Would you and your family accept your heritage back, without the per-capita?

Simple answer- yes or no. If it is "no" then we know what you really want.

I don't want to hear the "Be Warned" stuff. It's yes or no.

I will continue to challenge you on your true intentions.

Yes or no.Pretty simple stuff."

Let me clarify what I said. I guess it is easy to misunderstand.
I said:

"We have to stop him before he completely destroys the Tribe. If you wonder why we sued him and the other members of the Pala EC, then this is the best reason. The EC says we are greedy and that all we want is the money, but we are trying to save the tribe from destruction.

We would do the same with or without the casino revenue."

Where does this say we would forego per-capita in exchange for reinstatement of our heritage? Also if we were to do so, it would create a second class of citizens in the tribe and there is no provision for this in our tribal law. When we are reinstated we fully expect to be members and citizens of or tribe and nation with full voting powers, land rights, and all benefits, equal to those of any other member. That is our heritage.

This game that the Pala EC and those who have sided against us play, trying to portray as us greedy liars, must be like looking into the mirror for them. They know this is their own true nature so they suspect the same of everyone else.

Each time I try to explain our position it always comes back to these accusations of greed and dishonesty, but ask yourself who benefitted from our disenrollment? We have been dragged through our own living hell, and then painted black by those who have tried to destroy us.

We did not break any laws. We did not lie about our blood. We did not steal from our people or commit crimes against them.

I think I answered your question with honesty and sincerity. Now let us focus on the issues and not the attitudes and accusations.

We will not win reinstatement by getting distracted with defending ourselves against these silly claims about what we want. We want reinstatement. We want our heritage restored. We want to save our people from being destroyed by the Pala EC. Our motives are honest, and completely funded with our own resources. All agencies, governments, and even our own people have tried to thwart us.

Have we not proved our courage and good intentions yet?

Anonymous said...

7:50Pm, I am not talkng to you. You don't matter.

So R&R, no you did not answer my question. Again you jumped on the soapbox and spouted off as usual.

The question is, would you accept your heritge back but not accept the per-capita? The answer is yes or no. I think I have made this pretty simple for you.

It's either 3 letters or 2 letters. Which is it?

Anonymous said...

I have to ask myself R&R, what is the answer? I want my heritage but I don't care about the money. What does everyone else feel? If it is money then count me out. I just want to be buried on the rez.

Anonymous said...

To 8:32 , wow I don't matter . Here you are accusing r&r of avoiding the question and now you are avoiding the question, with no explanation except "you don't matter". The fact is MB is 4/4. Her descendants were illegally dissenrolled and everyone knows it. They want re enrollment with equal rights as all other members. If all other members get per cap then yes so should the Britain defendants. That is just my opinion. I do not Speak for the disenrolled.

Reinstatement_Restitution said...

Are you suggesting that there is something beside the reality of the situation, where we can have something different than what there is? Here is my answer: I can't speak for anyone but myself, but I would take back my heritage without per-capita rather than no heritage at all.

Want to know why?

To 8:42 PM:
That is one of the rights of tribal members that I seek. I too want to be buried with my family on the rez.

You seem to be unclear about the intent of the disenrolled and the pursuit of our heritage. So what is the heritage of a tribal member? It is tribal membership, a place to go for your final rest, a belonging to a family with connections to your customs, traditions, land, history, and ancestors. Some may say that disenrollment did not take away our heritage, but perhaps when I say it this way they will recognize the loss that we all feel, because these have been taken from us.

Is that good enough for you? It isn't enough for me. I also want my vote back, and to attend the General Council Meetings, and to work for the betterment of the tribe. You must not be tribal or you would know these things.

But there is more. If I accept reinstatement without per-capita, I want my share of per-capita put into trust for the minors of the disenrolled so they can have the opportunity for a better future.

I refuse to let the crooks of the Pala EC benefit from our per-capita. They have wronged us, our descendants, and our ancestors to the very core. We are true Kupa, and they are theives, liars, dopers, drunks, perverted, corrupt, petty, larcenous, vindictive blights on humanity.

They are all that I never want to be. They remind me to stay true to our customs and traditions and not to get lost in the lure of power and riches, or to believe that hurting innocent people can ever be justified.

Now I tire of this ridiculous attempt to make us look greedy or foolish. We will not quit until we are reinstated. We have not exhausted our options, and soon enough the day will come when we can once again say we have native pride.

Dremel Mcpherson said...

I don't think that Pala even has a vice chairman,because from what leroys relatives are saying is that he has quit as vice chair and wamts to be an artist or some B/S like that.Kakaboy is now a Gayboy.

White Buffalo said...

Anonymous said...

Nice speech R&R, I do applaud your effort. Now, answer the question posed without your usual bravado. You did not answer.

Here it is again:

Would you and your family accept your heritage back, without the per-capita?

It sounds like someone is trying to stir the pot and create controversy. Well dude it appears that your question was answered.

I applaud the thought that the per cap should go to help children. Now I think you owe him an apology for your insinuation that it is just about the money. There are some who look beyond the money. I will say this.

Those who know what is wrong and do noting because they fear disenrollment may actually fear losing the money, but they will not say so

Last why was it so important for you to know?

White Buffalo said...

Anonymous said...

7:50Pm, I am not talking to you. You don't matter.

So R&R, no you did not answer my question. Again you jumped on the soapbox and spouted off as usual.



Its funny, that this guy asks for motive from someone and then badgers the person like he is someone important or with power to decide the fate of others.

Well dude I am still waiting for an answer it is a simple question.

Why do you need to know?

Don't like it much tough guy.

I am the White Buffalo aka Guero Nunez.

Reinstatement_Restitution said...

White Buffalo,

The supporters of disenrollment have been painting the disenrollees black to cover their own greed and evil motives. They say the only reason we want back in the tribe is because we are greedy. Then they say that we should have saved our money and then we wouldn't complain about being disenrolled. Then they say we are lazy and should have been working and then it would be okay to be disenrolled.

Now you and anyone who reads this blog knows that there are lots of reasons why want to be reinstated. Our heritage is very important to us. It is part and parcel of our identity as Indians. We are still Indian, but we have been severed from our connections to our people. It is devastating to see our tribe ripped apart in this way, and to have this hole in our hearts where our belonging used to be.

We know that our cousins in Temecula have gone through this same devastation, and hope that our efforts to attain reinstatement will open the door for others to regain their tribal status. Let us all pray to the four corners and bring the spirits to our aid.

White Buffalo said...

I know what you are talking about, for I am form the Apis family who ancestor Manuela Miranda was posthumously disenrolled in 2004, so we have been working to regain our heritage all this time. Yes we know the statements made against us that are used to justify the illegal actions of the Pechanga EC and tribal counsel. Last we know the spirit of our tribe has been sold for power and gold. I do not want to sound rude but I am aware of the pain you endure. I know it all too well.