Here are some statements, in bullets that Pechanga Chairman Mark Macarro has issued.
- “The right to determine our citizenship is central to Pechanga's identity as a distinct sovereign government. Tribal nations have sole jurisdiction and authority to establish and enforce procedures to determine their own tribal citizenship. The courts have consistently upheld this tribal right because of more than 200 years of legal precedent."
The Pechanga General Membership, the final authority, under Article VIII of the Band’s constitution and bylaws in all matters of tribal government, unless specified in this constitution and bylaws, voted in July 2005 to outlaw disenrollment and thus the procedures to move against our family, the lineal descendants of Paulina Hunter, did not exist after this law was passed so the decision to disenroll us in March 2006 is null and void!
Fine Pechanga, you have jurisdiction in matters of tribal membership, then be fair and follow your own rules. When the tribe was debating the petition to outlaw disenrollment in 2005 Chairman Mark Macarro was asked if the Hunter family would be included in the new law if it was passed and he responded, “all means all.” Mr. Chairman, abide by your own statement! The people knew what they were voting on and the people spoke!
- "The Pechanga Enrollment Committee is the Pechanga entity responsible for determining issues of enrollment and citizenship as established in our Tribal laws. This is accomplished through codified tribal processes with findings and due process requirements."
Again, the General Membership, under Article VIII of the Band’s constitution and bylaws are the final authority in all matters of tribal government, including enrollment, because the Band’s constitution and bylaws does not specify that the enrollment committee is the final authority.
There is tribal legal precedent that proves that the people are the final authority regarding enrollment matters, namely, that in April 1986, after the lineal descendants of Rose Murphy, including current sitting Pechanga tribal councilman Russell Butch Murphy, had been turned down for tribal membership by the enrollment committee, the General Membership of the tribe voted to take in the lineal descendants of Rose Murphy thereby overruling the enrollment committee’s decision to not enroll them.
So since the people voted to overrule the committee to take in the Rose Murphy descendants in 1986, then the people could and did vote to overrule any decisions that were pending in 2005 to disenroll the Hunters. Again, the decision to disenroll the Hunters in 2006 is null and void!
In addition, How did we, the Hunters, get fairness and due process when biased people against our family, Irehne Scearce and Ruth Masiel, were allowed to rule on our disenrollment case while sitting on the enrollment committee? They were the sisters of Raymond Basquez Sr, who as a witness, submitted a statement against our tribal membership. OP: They should have been recused
In addition, how did we also get fairness and due process when Andy Masiel Sr, the nephew of a witness, Mr. Basquez, the son of Mrs. Masiel, and the nephew of Mrs. Scearce was allowed to rule on our appeal of our disenrollment to the tribal council?
We asked that these people, in the interest of fairness, be made to step aside from ruling on our disenrollment case because of conflict of interest as the Band’s constitution and bylaws that prohibits malice or prejudice against tribal members under Article V which states the following:
- "IT SHALL BE THE DUTY OF ALL ELECTED OFFICIALS OF THE BAND TO UPHOLD AND ENFORCE THE CONSTITUTION, BYLAWS, AND ORDINANCES OF THE TEMECULA BAND OF LUISENO MISSION INDIANS; AND ALSO, TO UPHOLD THE INDIVIDUAL RIGHTS OF EACH MEMBER WITHOUT MALICE OR PREJUDICE."
In addition, it is the duty of the tribal council, also under Article V of the Band’s constitution and bylaws, to enforce duly passed ordinances of the Band which include the law to outlaw disenollment that was passed in July 2005. Once again, the decision to disenroll the Hunters in March 2006 is null and void! Again, Pechanga, please be fair and follow your own rules!
- "Disenrollment actions occurred at Pechanga before we ever had a casino as well as after, quite independent of our gaming activities. Contrary to the allegations of a few, this matter has nothing to do with politics or profits."
Yes, there were some isolated incidents of disenrollments prior to the casino opening but there was never any whole scale decimating of entire family lines prior to the casino. Ironically, in 1989, some individuals were disenrolled after they were found to not be lineal descendants of Manuela Miranda. So it is also ironic that in 2004 all of the lineal descendants of Manuela Miranda were themselves disenrolled which, of course, was after the casino was opened.
The decision to disenroll the Manuela Mirandas in 2004 and the Hunters in 2006 had nothing to do with politics or profits? Well, together they were a large voting bloc who were influencing the outcome of elections but after they were eliminated from the tribal rolls, a large opposition to the current regime’s politics was eliminated as well. In addition, all of the remaining members of the tribe got a raise in their per capita profit share that was proportional to the numbers of people no longer on the tribal rolls.