Sunday, March 31, 2013
Thursday, March 28, 2013
Former Democratic Party Rep. Dale Kildee joins up with IETAN CONSULTING, Which Represents Civil and Human Rights Abusing Tribes.
The Democrats face an uphill battle reclaiming the House of Representatives, but Congressman Dale Kildee, a Democrat from Flint who may run for Sen. Carl Levin’s Senatorial seat, has led the efforts among freshman Democrats.
Just as the fundraising campaign kicked into high gear, Congressman Dale Kidlee joined Akin Gump as a senior consultant in its American Indian law and policy practice and Ietan Consulting, as an adviser. Both firms represent a number of wealthy tribes, including the Osage Nation, Pechanga Band of Luiseno Indians, the Seminole Tribe of Florida, the Gila River Indian Tribe, the Saginaw Chippewa Indian Tribe of Indians, which politicians have tapped for fundraising given their ability to generate virtually unlimited sums of money for elections. Typically wealthy tribes invest hundreds of thousands of dollars into campaigns and candidates per election cycle.
The elder Kildee is considered a valuable resource in Indian Country which he has established influence during President Lyndon B. Johnson’s War on Poverty which helped fictitious Indians take over tribes in Michigan and elsewhere, ensuring that tribal wealth could be tapped for corporate and private interests under the pretext of helping to promote economic development on Indian reservations to alleviate poverty through government subsidies. What has happened instead is that Indians have been removed from their own reservations which have instead become peopled by individuals of dubious legitimacy and questionable tribal heritage.
Serving the courting tribal establishment and creating the Congressional Native American Caucus, with the help of his staffer, Larry Rosenthal, who is now a lobbyist for Ietan, helped Kildee acquire vast influence among the tribal leadership and the ability to champion corporate interests through tribes while topping off campaign contributions for political candidates.
Read more at Susan's Blog: Susan Bradford’s blog
Wednesday, March 27, 2013
Thieving, Corrupt, Civil and Human Rights Abusing Tribes Band Together to Keep North Fork Rancheria from Becoming a Casino Tribe
Which corrupt tribes are those? They Include
Picayune Rancheria, TABLE MOUNTAIN, Pechanga Band of Luiseno Indians, Pala. , MOORETOWN, UNITED AUBURN--many of the MAJOR violators against their own people's tribal, civil, and human rights through the genocide of disenrollment, banishments and nonrecognition....
They have joined the STOP THE NORTH FORK COMPACT group
This proposed project is the first foothold in an effort to push the limits of off-reservation gaming. California did not vote to support Indian gaming in cities and off reservations. The North Fork Rancheria has land eligible for gaming but prefers a more lucrative location on the Madera city border. Approval of the North Fork compact will set a dangerous precedent for future projects as tribes and their out of state investors push closer and closer to city limits. Let’s keep our leaders accountable to the will of the people. Stop the North Fork Compact.
Read about Pechanga's culture of corruption.
Now that the bigger casino tribes have theirs, is it about doing what's right, or about market share?
The Obama administrations failure to work within a budget has forced Kevin Washburn to miss his chance to attend a meeting of rich casino tribes.
Kevin Washburn, the Interior Department’s Assistant Secretary for Indian Affairs, could not attend the National Indian Gaming Association’s 28th Annual Tradeshow and Convention in Phoenix, Arizona this year because of sequestration cuts to the department’s budget.
A reduction of more than $800 million for the remainder of the current fiscal year has grounded Washburn. “I am sorry that I am not able to be with you at the National Indian Gaming Association [NIGA] conference in Phoenix this year,” Washburn said, according to a document titled “Message from DOI Assistant Secretary-Indian Affairs Kevin Washburn” that was distributed at the convention taking place March 24-28 at the Phoenix Convention Center. “I regret that it is the sequestration that prevents me from attending the conference this year. Although Indian Affairs recognizes the crucial importance of Indian gaming and the programs run by NIGA and its member tribes, every trip that I take costs the Department a lot of money. As a cost saving measure, the Department has eliminated all travel that is not deemed ‘mission crucial,’” Washburn said.
The $800 million reduction will affect funding and programs the Bureau of Indian Affairs (BIA) provides to tribes. It will also reduce the BIA and Bureau of Indian Education workforce through employee furloughs in the central, regional and field offices, Washburn said. Tribal employees on many reservations will also be “severely impacted as a result of the federal reductions,” Washburn said.
The money saved by reduced or cut travel costs will be used to fund tribal programs and services or cut the number of days an employee is placed on furlough, Washburn said.
Tuesday, March 26, 2013
Thursday, March 21, 2013
U.S. District Judge Cathy Ann Bencivengo sided Monday with the Pauma Band of Mission Indians in a lawsuit filed nearly four years ago challenging the terms of an amended 2004 state compact to operate its casino off state Route 76 in Pauma Valley.
The judge ruled that the tribe should be allowed to operate under the conditions of a compact signed in 2000, rather than one it was forced to renegotiate four years later, because the state’s Gambling Control Commission erred when it incorrectly under-calculated the number of slot machines that could be applied for by all the tribes in the state.
Based on the bad calculations, Pauma was directed into renegotiations with Gov. Arnold Schwarzenegger that resulted in an amendment requiring revenue sharing that was 2,460 percent as expensive as its original compact.
By allowing the tribe to become the first ever to rescind a gaming compact, the court in essence enabled Pauma to save at least $7.4 million per year until 2022, for a total savings of more than $65 million, said Attorney Cheryl Williams who represents Pauma in the dispute.
The decision should also permit Pauma to recapture about $33 million in past payments made to the state under the amended compact through either the return of funds or the issuance of a credit toward future compact payment obligations, Williams said. The court will decide next month how the money should be returned.
The Pauma tribe was the last in the state to apply and receive a compact in 2000 to operate a casino. In 2004, it amended that compact to have the right to operate up to 2,000 slot machines, which it felt was needed to partner with a large gaming partner.
The amended contract required the tribe to pay millions more a year for the right to have the machines because the state incorrectly calculated that there were no more licenses available for each machine.
Williams said for the 1,050 machines the casino has now, the amended compact required revenue sharing payments to the state of $7.75 million annually, with that number rising drastically if more machines are added. Under the 2000 compact the 1,050 machines required only $315,000 in payments each year.
A call to the California Attorney General’s Office, which represented the state in the proceedings, was not immediately returned Wednesday.
Casino Pauma opened in 2001 and recently remodeled in December. The tribe has no plans now to expand the operation, Williams said
Two Chukchansi leaders, each claiming to be the rightful chairperson of the Picayune Rancheria of Chukchansi Indians, remain at odds this week, with each raising concerns about how the tribe's money is being handled.
Reggie Lewis' tribal council maintains control of the tribe's bank accounts, and Nancy Ayala's tribal council has maintained control of security and management at Chukchansi Gold Resort & Casino, along with many members of the tribal gaming commission -- although Lewis' council said many of these individuals, including Ayala, were suspended by a quorum of the tribal council last month, and should not be conducting business on behalf of the tribe
Lewis' group has alleged that casino cash is being mismanaged under the direction of Ayala.
The alleged mismanagement includes: hoarding casino cash in casino cages instead of depositing it into the financial institution that maintains the tribe's deposit control accounts -- mandated by agreements the tribe has with its casino bondholders; opening a new account with a small Fresno area bank to deposit cash, which is not authorized by tribal agreements in place; and suing the tribe's depository bank in a "kangaroo tribal court created overnight," stated a recent letter from Lewis to tribal members.
"Thank goodness they don't have the authority to bring such a lawsuit because they would have created a bad act under our indenture (with the casino's bondholders) and the tribe would lose all of its government funding as a result ($1 million a month from casino profits)," said Rob Rosette of Rosette Attorneys at Law, the firm representing the council led by Lewis.
A $17,000 check to Ayala's attorney was also illegally cashed at the casino because the banks that hold the tribe's accounts do not allow Ayala to access the tribal funds, said Richard Verri, lawyer with Rosette Attorneys at Law.
Read the rest of the story at the link above...
Native American Rights Fund has Civil and Human Rights Violater Mark Macarro on Their Board of Directors
Well now one of the reasons: Pechanga Chairman Mark Macarro is on their board of directors. He's the leader of the Pechanga Tribe, who oversaw the termination of 25% of his incredibly shrinking tribe. He has violated the civil rights and human rights of tribal members.
Read how the Pechanga Tribe's Termination Committee disenrolled the Hunter familyHunter family
Read about how descendents to the land were banished for picking sage while a child molester was okay to live on the Rez
Read about the Corruption Exposed at Pechanga…
And YES apartheid is being practiced at Macarro's reservation
NARF MUST be proud....
Wednesday, March 20, 2013
QUID PRO QUO: Disenrollment of Paulina Hunter Descendents Means ENROLLMENT of Committee Members Family in Moratorium.
That's TEN years that Hunter descendents have been stripped of their tribal citizenship, due to unconstitutional actions by the corrupt Pechanga Tribal Council and by collusion with enrollment committee members, including Bobbi LeMere (who, in a quid pro quo, got her sisters enrolled in the tribe, even though scores of others were in the moratorium READ Corruption Exposed…… )
|In EXCHANGE for Disenrollments|
Bobbi LeMere's Sisters were ENROLLED
Despite HUNDREDS in Pechanga's "Moratorium"
and Ruth Masiel, matriarch of the Masiel Crime Family and mother of councilmember Andrew Masiel Sr. and Frances Miranda, who two years before, had seen to it that her OWN FAMILY members, the descendents of Manuela Miranda were also stripped of their citizenship.
Here are some of the infractions the Bobbi LeMere led committee committed:
The Appeal Procedures state that the purpose of the appeal is in identifying any infraction to the disenrollment procedure or any unfair and/or partial handling of a disenrollment case pursuant to Procedures § 9, page 4. The Enrollment Committee committed numerous errors or infractions of fundamental Pechanga law and procedural Pechanga law as follows:
1. Knowingly violated the will and intent of the General Council by continuing disenrollment proceedings after General Council’s vote to suspend all disenrollment;
2. Erroneously made determinations in contradiction of Dr. John Johnson’s anthropological report prepared on behalf of the Enrollment Committee;
3. Erroneously based disenrollment on an issue allegedly found in the enrollment application which applies to persons applying for membership after 1996;
4. Erroneously relied on a personal statement of recognition from the Dept. of Interior 1928 application over numerous other more credible sources;
5. Erroneously relied on a personal statement from the Dept. of Interior 1928 application of a person who is not a direct ancestor of Appellants;
6. Erroneously interpreted the personal statement in the Dept. of Interior 1928 application that San Luis Rey Mission Indian is not synonymous with Pechanga or Temecula Indian;
7. Erroneously made a finding that the Pechanga Reservation contained distinct Tribes—Temecula and San Luis Rey;
8. Violated the Pechanga Band Constitution by imposing a more restrictive membership standard than contained in Article II: Membership;
9. Ignored the Official Enrollment Book of 1979 as the original source document for determining Membership as stated in the Constitution;
10. Violated the Pechanga Band Enrollment Committee Guidelines by conducting disenrollment procedures without a lawful quorum and by reviewing disenrollment cases out of order for the purpose of stacking the Committee;
11. Contradicted previous actions and decisions of the Enrollment Committee;
12. Failed to indicate any mistakes or irregularities in the Appellants enrollment and failed to conduct the review of the Appellants’ case in a fair and/or impartial manner;
13. Violated the Indian Civil Rights Act by retro-actively applying 1996 Enrollment Application to Appellants;
14. Violated Constitution and Disenrollment Procedures through application of more restrictive standards;
15. Acted negligently in the review of the Appellants case.
Concerning Disgraceful Actions by the Pechanga Tribal Council
In a notice dated August 7, 2006, the descendants of Paulina Hunter, an original allottee of the Pechanga Indian Reservation, were informed that the Pechanga Tribal Council and the Pechanga Enrollment Committee had denied their appeal to over-turn the Enrollment Committee’s earlier decision to disenroll the family.
The Hunter Family members were disenrolled in March of this year when the Enrollment Committee concluded that their ancestor, Paulina Hunter, was not a Temecula Indian.
Along with disenrollment notices from the Enrollment Committee, a memo from the Tribal Council explained that it had decided that a law passed by the Tribe’s governing body in July 2005 to bar future disenrollments applied to all tribal members except the Hunter Family.
The disenrollment of the Hunter family was initiated when several statements were presented to the Enrollment Committee claiming Paulina Hunter was non-Indian or not a member. One such letter came from a convicted felon serving time in the California State Prison system for child molestation.
In response to the allegations, the descendants of Paulina Hunter provided numerous documents as proof that Paulina Hunter was indeed of Indian ancestry and was an original Pechanga/Temecula Indian. These documents were required to be certified, while the "so-called evidence" against the family was neither sworn, nor certified. They disregarded evidence, while accepting hearsay.
In fact, a report prepared by Dr. John Johnson, the curator of anthropology at the Santa Barbara Museum of Natural History, at the request of the Enrollment Committee concluded that a "preponderance of the evidence" from surviving historical records and census documents shows that Paulina Hunter was a Pechanga member who lived in Temecula and was allotted reservation land. There is no greater authority on this issue than Dr. Johnson. The research was almost two thousand dollars, but the tribe was not charged for all the preparatory work that Dr. Johnson had done throughout his career, surely saving the tribe more than $10,000
"My feeling is it's a faulty interpretation of the record to reject this family. Paulina Hunter was definitely a core member of the Temecula Band of Luiseño Indians," Dr. Johnson said. "I don't understand the decision other than it is not based on fact. It is based on conjecture and politics."
The disenrollment of the Hunter family is the second such disenrollment of a large family from the Pechanga Band. Each has occurred just months before scheduled tribal elections for Chairman and Tribal Council.
The expulsions of the 2 families removed significant opposition to the current administration and others running for tribal office.
Each “disenrollment” was done in violation of both tribal and federal laws which are intended to protect the rights and privileges of tribal members.
Specifically, the members were denied the due process and equal rights protections provided in the Indian Civil Rights Act, as well as language in the Band’s Constitution and Bylaws which mandates that tribal officials uphold the individual rights of each member without malice or prejudice. The disenrollments reduced the Pechanga Band's enrollment by nearly 30%, and each enrolled member, including those responsible for the violations of human and civil rights, could reap additional profits in the tens of millions of dollars.
Council member Andrew Masiel should have recused himself, as he was judging an appeal on an issue in which he had guided his MOTHER and his aunt, Ihrene Scearce.
The County of San Diego has gone on record in opposition to the San Pasqual Tribe's application to the Bureau of Indian Affairs to put 29 acres into trust—i.e. to make the land part of the reservation.
The County learned of the application on Feb. 11. According to the application the tribe, which operates Valley View Casino, plans to build non-gaming buildings on the land, which was formerly a horse ranch off of Lake Wohlford Road. The buildings include administrative offices, a medical clinic, a recreation center and a fire station.
Currently the reservation consists of three large parcels that are not contiguous. The land that would be put into trust would also not be contiguous to the rest of the reservation.
The County opposes the change because the land use contemplated would be more intensive than was approved last year as part of the County General Plan. Also, the County calculates that it would permanently lose property tax revenue from the land, amounting to about $20,000 a year.
The County also objects to development of this type in a floodplain.
The Valley Center Planning Group last week first learned of the tribe's application. The group's chairman, Oliver Smith, told The Roadrunner, "The VCCPG has had no notice this was in process until I received the email from Dixie Switzer at the county latest Wednesday. The planning group Tribal Liaison Subcommittee is now looking at it. I anticipate a recommendation from them for the full group to vote on at our April 8th regular meeting."
Monday, March 18, 2013
NIGA Announces Victor Rocha, Pechanga.nets Bad News Censoring Editor and Cousin to Tribal Chairman Mark Macarro Which Practices Apartheid on Their Reservation as Keynote Speaker.
Hey, what's a little discrimination and theft of per capita amongst friends right? In this press release, the Nation Indian Gaming Association announces that Victor Rocha will be their keynote speaker. Rocha is cousin to Pechanga Chairman Mark Macarro, who is notorious in CA for stripping 25% of the tribe of their rightful place. In Rocha's website, you won't read the bad news stories and they are conveniently censored or buried. Example: Did you read about the tribe's previous chairperson, Jennie Miranda being disenfranchised for stealing from the tribe, or her son?
Read more on Victor Rocha
On burying the bad news at Pechanga
The Emerging Leaders of GamingTM is pleased to announce that Victor Rocha - creator, owner and editor of Pechanga.net - will serve as the keynote speaker at its members-only event to be held at the upcoming National Indian Gaming Association (NIGA) conference in Phoenix on Tuesday, March 26th.
The mission of Emerging Leaders is to provide exclusive networking opportunities for up-and-coming peers on the same fast-track to success within the gaming industry. The typical Emerging Leader is a young professional (under 40) that appears destined to fill tomorrow's senior-level and C-suite management positions. Membership in Emerging Leaders of GamingTM is by invitation or recommendation only, and is required to attend all Emerging Leaders conference-based networking events.
All Emerging Leaders of GamingTM events engage a prominent and proven industry veteran to address the young professionals, and Victor Rocha has unquestionably exemplified the ethos of an Emerging Leader. Rocha has been integral to Indian gaming for over 14 years, and his website, Pechanga.net, has been a leading source of Indian and gaming news on the Internet for more than a decade. Rocha has received industry accolades and numerous awards for his work, including the National Indian Gaming Association's 2002 Outstanding Contribution to Indian Country, VCAT's 2001 Catalyst Award, and recognition as one of Global Gaming Business Magazine's "40 Under 40." Rocha will address the Emerging Leaders of GamingTM group to share his experience in starting and operating the Pechanga.net website, where his involvements, work ethic and entrepreneurial spirit have taken him, and the impact that his efforts and website have had on both tribal and commercial gaming.
To recommend a candidate for membership to Emerging Leaders of GamingTM, or to inquire about attending the limited capacity cocktail event featuring Victor Rocha at NIGA, please fill out the online nomination form at http://theinnovationgroup.com/leaders_form.aspor send an inquiry to firstname.lastname@example.org.
OP: It's Victor's website and he can run it the way he wants. But it's also good to shine a spotlight so people know what is going on. NIGA turns a blind eye to the problems casino tribes have caused for Indians in CA.
Here is an open letter from the Chairperson of the NORTH FORK RANCHERIA, which has successfully reservation shopped to get an approval for a casino away from their reservation. She completely ignores the ravages that disenrollment and banishment takes on Indians.
The North Fork Rancheria of Mono Indians of California recently became only the sixth tribe in the past 25 years to successfully navigate the Secretarial “two-part” process for acquiring new land for tribal-government gaming.
Our Tribe, with over 1,950 tribal citizens, engaged in this rigorous and lengthy federal process because, like other Indian people nation-wide, we had been denied a land base or “functional” reservation from which to conduct economic development for the betterment of our people due to numerous historical injustices.
For over a decade we worked in a collaborative and transparent manner with local, state and federal officials to reclaim a small fraction of our historical land base. Our project was assessed and approved by two gubernatorial administrations, two federal administrations, four Interior Secretaries, nine Assistant Secretaries, and multiple local jurisdictions.
We now have 305 acres of tribal land in Madera County in trust and our goal with this land is similar to the goals of other California tribes with trust land eligible for gaming. We seek to build a tribal-government gaming facility on sovereign land to provide economic self-sufficiency for our Tribe and citizens and generate business opportunities and investment in Madera County.
Our project, which is overwhelmingly supported by our local community, carries the added, and perhaps most important, benefit of being able to immediately generate thousands of local jobs in one of the most economically depressed regions of the state and nation.
The final remaining administrative step in this process is the State Legislature’s ratification of our State-Tribal Gaming Compact, which we negotiated with Governor Jerry Brown. Similar to other recently ratified gaming compacts, our compact provides substantial payments to mitigate local impacts and funding for non-gaming tribes across the state while lessening local and state fiscal obligations. Paired with the Wiyot Tribe’s compact, our compact also avoids large-scale economic development in ecologically sensitive regions near the Sierra National Forest/Yosemite (North Fork) and Humboldt Bay National Wildlife Refuge (Wiyot).
Native American tribes – especially those, like us, without a functional land base -- face many obstacles in overcoming decades of poverty, political disenfranchisement, and loss of historical lands. Perhaps the most surprising barrier we face comes from tribes with established gaming facilities using their financial and political power to crush the social and economic aspirations of newcomer tribes like ours in order to protect their own self-interests.
Some of these tribes say they don’t want competition—or even the potential for as yet unforeseen competition. Others appear to be seeking political advantage for future negotiations with the state or other parties. Whatever the motivation, some tribes today seek to interfere with or derail other legitimate tribal gaming projects. OP: We wrote about that in Indian vs. Indian and Thuggish Chukchansi Tribe…
Claims by some tribal leaders that seek to restrict other tribes to the tiny, arbitrary, contemporary “reservation” lands that do not accurately reflect actual historical lands are especially disheartening and disappoining. The final determination to approve or reject a tribal gaming enterprise should be based on the facts and merits of each case and not on the fear of future potential competition or misrepresentations of a tribe’s process in pursuing opportunity for its people.
The North Fork Rancheria supports all tribes in their endeavors to restore and rebuild tribal legitimacy, cultures, resources, and lands. Through the years we have supported many tribes acquiring new land for gaming -- including some who now oppose us.
OP: Madame Chairperson, you have been STUNNINGLY quiet over the corruption happening to your closest neighbors by the tribal council at the Picayune Rancheria and we've never heard from you about what's going on in the south at Pechanga, Santa Ysable and Pala..
The destructive pattern of Tribe vs. Tribe, Indians fighting Indians must stop before it undermines all tribes, tribal citizens, tribal gaming, and tribal-sovereignty.
By fighting one another, we risk losing our Native ways and dignity -- our understanding and practice of true indigenous values, cultures, and principles. If we are not careful, we risk losing the one opportunity that has promised and delivered so much to Indian Country.
Native American tribal leaders today stand at an important crossroads: They can choose the path of tribal infighting and “divide and conquer” tactics that have historically devastated Indian Country. Or they can call upon the traditional values of Native people – respect, caring, and sharing – to ensure that the newfound gains from tribal gaming are enhanced and protected for generations of Native peoples.
Tribal leaders cannot trumpet “tribal sovereignty” publicly while betraying it in private conduct towards fellow tribes. OP, OR actions that HARM THEIR OWN PEOPLE. We must resolve differences by engaging in respectful, professional tribal government-to-government consultation prior to taking public positions that undermine other sovereign nations.
It’s time for tribes to unite behind tribal sovereignty and solidarity. The proceeds from tribal gaming can do great good for all tribes if we stop fighting and start sharing. NOT IF THEY STEAL PER CAPITA from rightful members via moratoriums and disenrollment
North Fork Rancheria of Mono Indians Elaine Bethel-Fink is Chairperson of the 1,950-tribal-citizen North Fork Rancheria of Mono Indians of California. She has served in that position for most of the past decade.
Saturday, March 16, 2013
No, please, stop laughing. WE KNOW, that tribes in CA have stolen well over a half BILLION dollars from their members that they have disenrolled. We have a link to that issue on our sidebar. Here's a story about what President Barack Obama's sequestration will mean to Native Americans that depend on the government, and some local governments that supply services to reservations including schools. Can Pechanga, Pala, Chukchansi kick in a few hundred million?
When it comes to the automatic spending cuts that began taking effect this month, federal lawmakers spared programs that serve the nation's most vulnerable -- such as food stamps, Medicare, Medicaid and veterans' assistance -- from hard hits.
That wasn't the case with programs for American Indian reservations, where unemployment is far above the national average, women suffer disproportionately from sexual assaults, and school districts largely lack a tax base to make up for the cuts.
The federal Indian Health Service, which serves 2.1 million tribal members, says it would be forced to slash its number of patient visits by more than 800,000 per year. Tribal programs under the U.S. Department of Interior and the U.S. Bureau of Indian Affairs that fund human services, law enforcement, schools, economic development and natural resources stand to lose almost $130 million under the cuts, according to the National Congress of American Indians.
"We will see significant impacts almost immediately," Interior Secretary Ken Salazar told The Associated Press, referring to the BIA. "We will have to furlough some employees. It will mean that there's going to be a slowing down of the processing of applications and so there will be an impact on the work that the BIA does on behalf of Indian Country."
The timing and magnitude of most of the cuts are uncertain as Congress looks for a way to keep the government operating beyond March 27 with no budget in place. In the meantime, tribes across the country are preparing for the worst.
Some are better-positioned than others.
In northwestern New Mexico's McKinley County, where about a third of the population lives below the federal poverty level, the Gallup-McKinley County School District is facing a $2 million hit. The cuts could result in job losses and more crowded classrooms. The district that draws mostly Navajo students from reservation land not subject to state property taxes relies heavily on federal funding to pay its teachers and provide textbooks to students.
"To me, it seems very unfair that one of the poorest counties with one of highest Native enrollment in the country has to be impacted the most by sequestration," said district superintendent Ray Arsenault. "We are very poor, we're very rural, and it's going to hurt us much more."
The district faced enormous public pressure when it wanted to close schools on the Navajo Nation due to budget shortfalls, so it won't go that route under looming cuts, Arsenault said. Instead, he would look to reduce his 1,800 employees by 200 -- mostly teachers -- and add a handful of students to each classroom.
The Red Lake Band Of Chippewa Indians in northern Minnesota (OP: Isn't this Pechanga chairman Macarro's wife's tribe?)expects 22 jobs, mostly in law enforcement, will be lost immediately. Tribal Chairman Floyd Jourdain Jr. said police already operate at a level considered unsafe by the BIA. Deeper cuts forecast for later this year will increase job losses to 39, and "public safety operations at Red Lake will collapse," he said.
Read more: http://www.foxnews.com/politics/2013/03/16/tribes-plan-for-worst-with-looming-budget-cuts/#ixzz2NlgmEde0
Friday, March 15, 2013
In late August, the labor board filed a complaint against the casino, adding an amendment and additional complaint a month later.
Thursday, March 14, 2013
A man and woman were arrested Tuesday on suspicion of several crimes following an investigation that allegedly began with a stolen purse.
Chad Depasquale, 28, of Menifee, and Darcie Freeman, 25, of Temecula, were picked up by deputies at the Walmart on Temecula Parkway a day after they allegedly stole a Pechanga employee’s purse, wallet and car.
The investigation began Monday when deputies responded to the Pechanga Resort and Casino regarding alleged theft of personal property and a vehicle, according to a report from Sgt. Jon Wade of the Temecula Police Department.
A purse belonging to a Pechanga employee was stolen from a housekeeping cart while the worker was on the job, according to Wade’s report. Inside of the purse were the employee's wallet and keys to her 2010 Honda Accord, he added.
As deputies were investigating, the victim discovered her car was gone, and as she cancelled her missing credit cards, she learned the plastic had been used at department stores within Riverside County, Wade reported.
The next day an officer from the Temecula Police Department was flagged down by a citizen in the Temecula Walmart parking lot, Wade continued.
“The citizen reported that a male and female had observed the police car enter the parking lot and began running and hiding from the officer. A description was given to the officer and the subjects were located,” Wade said.
The officer spotted the suspects attempting to hide near the front of a department store, the sergeant explained.
“As the officer approached the subjects, the male dropped an item on the ground and began to walk away. The item was later inspected and discovered to be illegal drugs,” Wade said.
Notes on Indian Law has the details of the failure to obtain justice for those involved in the Pala Disenrollments The disenrolled Pala people have a blog: PALA WATCH
The Southern District of California dismissed an action by several disenrolled members of the Pala Indian tribe in Allen v. Smith ). The tribal defendants filed a motion to dismiss on the basis of sovereign immunity, as is typical in these membership actions. What sets this decision apart from your garden variety disenrollment dismissal is the first apparent decision regarding the individual/official capacity distinction that was referenced in this opinion. And for that, we need to back up and explain things a little.
The Maxwell Decision
This time, plaintiffs attempted to make use of a new 9th Circuit case, Maxwell v. County of San Diego (link to Ninth Circuit for published opinion) to sue tribal officers in their individual capacity rather than the tribe itself. In most sovereign immunity cases involving state and local governments, when a public officer is sued it makes a difference whether that person is sued in their individual or official capacity. To keep it brief, official capacity suits are no different than suing the sovereign entity itself because if the plaintiff wins, then the money is paid by the entity. However, when officials are sued in their official capacity, they are entitled to assert sovereign immunity as a defense to the plaintiff’s claim so long as they can show they were operating within the scope of their official authority. Individual suits, on the other hand, target only the public official for his own actions and do not seek relief from the entity, but from the individual.
In Maxwell, family members of a shooting victim brought an action in federal court against a tribal fire department and its paramedics, alleging that the individual paramedics unreasonably delayed in obtaining medical treatment for the victim. The paramedics asserted tribal sovereign immunity because they were operating under a public safety cooperative agreement which expressly reserved the tribe’s immunity in case of suit. However, that did not work out for the paramedics because the Ninth Circuit held that a remedy against the paramedics would have operated against them individually and not the tribe. The paramedics themselves would be paying the plaintiffs’ damages, not the tribe (indemnity agreements notwithstanding); therefore, as persons sued in their individual capacity, the paramedics could not assert sovereign immunity as a defense.
Read more at: Pala Disenrollments by ROBERT SMITH
Here are MORE links to the PALA ISSUE:
Tuesday, March 12, 2013
DC Federal Appeals Court DENIES CHEROKEE Nation Request to Reconsider Overturn of Vann V Salazar (Cherokee Freedmen Case)
Press alert -
DC Federal Appeals Court denies Cherokee Nation/Cherokee Chief request to reconsider overturn of Dismissal of Vann V Salazar (Cherokee Freedmen Case).
Marilyn Vann, President of the Descendants of Freedmen states that "The Cherokee freedmen tribal members are grateful for the decision made by the honorable judges of the DC Appeals Court.
We hope and pray that we and our children will be able to serve our nation as citizens of the tribe as did our fathers and grandfathers based on our rights guaranteed by both the tribe and the US government in the 1866 treaty".
President - Descendants of Freedmen Association
Meet us @ CNN FRIDAY MARCH 15 from 4:00pm until 8:00pm for the first IDLE NO MORE event to address the MEDIA BLACKOUT of this historical international movement that has been working to protect the rights of First Nations Peoples along with the environmental rights that will benefit and protect life world wide.
We have chosen CNN for the first event because they are known worldwide and are held in high regard as a 'standard' in global news, but have yet to cover this story. We wish to make a BIG show of force by comin out to offer a prayer to our relatives fighting up in Canada and too all other nations in resistance. Our voices are strong when we come together and they will hear us! This event is scheduled to start before rush hour and goin on til 8
pm which will give us much foot and car traffic to share the message with.
While Idle No More (INM) started in Canada to address the horrendous violations of Treaty and Sovereignty rights issued by their government, it has grown into an international solidarity movement that is awakening Indigenous Peoples and allies all over the world to their agency and the need to stand strong for their rights since we are all connected and will be affected by what happens in Canada. In addition, there are the many local Indigenous Peoples issues across this country that INM is helping to bring to light. It has taken root in many cities across the US and grown out to the rest of the world making this a valuable local story and international story. However, til this day still NO ACTUAL FULL STORY OR COVERAGE by the large media outlets!
I am very thankful for alternative media (KPFK and IndyMedia) and social media for doing the job that mainstream media has failed to do.
We all should be ready mobilize our resources to push the media, because not a single media (Mis-Info) outlet so far has taken the interest and/or time to directly pursue, cover, and issue a story on IDLE NO MORE (INM). They have made excuses that this is not a local story, that the Christopher Doerner LAPD Manhunt story was a priority (ignoring the fact that INM has been going on for months), that important news shifts daily and INM wasn't it, a camera man told me "if it doesn't bleed, then it doesn't lead", and the list goes on.
On the day that Chief Spence was to meet with Prime Minister Harper, this was one of the important news stories that NBC news chose to go with instead of Idle No More ...
Rather, there have only been brief mentions of the INM movement in relation to other happenings and movements going on, such as the many environmental actions addressing President Obama. All this while social media tells us a much different story on how fierce and massive INM truly has grown to become.
I have been very vocal to the news reporters. When I come across them I state specifically that has been going on popularly as early as the first week of December, with still many newsworthy events starting in Canada leading up to the call for the formation of INM. There has been a hunger strike by Chief Spence, where she put her life on the line to get the message out and push for the respect of First Nations Peoples Sovereignty and Treaty Rights. Looking beyond Canada, there have been many events here in Los Angeles as well as in many other cities in the US and worldwide.
While Canada has been offering much better coverage, the United States is facing media blackouts in many of our cities. This is why we must IDLE NO MORE against the media and their mis-info. If our communities are not informed, they cannot become active and the media is well aware of this consequence. They practiced this same blackout strategy against the Occupy Movement for months in hopes to not give it life, but they were able to push their way into the medias spotlight.
The goal here is to serve the media outlets with a press release clearly informing them of the IDLE NO MORE movement and violations clearly being pushed against First Nations Peoples in order to give them a chance to be report the story fully and fairly.
We welcome all IDLE NO MORE supporters to come down and be present to show our numbers to let them know ... WE ARE HERE! ... WE ARE LOCAL! ... WE ARE GLOBAL! ... WE ARE IDLE NO MORE! ... IT IS TIME THEY COVER OUR STORY!
THIS IS NOT LIMITED TO BEING JUST A LOS ANGELES EVENT. If you can not join us in LA, then please create your own events to address your local media outlet's blackout of INM. We are doing this before the International Solidarity events that will be happening on March 20, 21, and 22 so the media will have enough time to respond and cover events on these days. This action is to boost media coverage which will help boost visibility yielding more supporters. Popular media coverage will build the momentum of this movement to generate actual change.
This is where we start but not where we end ... We are pursuing creative ways to peacefully and fiercefully push the media to handle business properly! ... We can't be passive in hopes for change, it don't work like that. They speak the language of money so maybe an economic strategy will have to be pushed next if they choose to continue like this.
******* Seven generations now and seven generations from now- this event will focus on the message form the youth and children.. Contact the admin on this page for more information - more to follow!
The event will be well documented with photos and video to be uploaded to social media as testimony to our day of action and their possible inactive responses. We will ensure they can no longer claim ignorance to the issues that affect us. Please bring your cameras, signs, creativity, and fierce spirit.
LETS REPRESENT ON SUNSET BLVD ... AND ASK CNN, "WE ARE IDLE NO MORE, DO U SEE US NOW?"
Monday, March 11, 2013
Indian Country Today has the details:
The many ways the federal government’s sequester will hurt Indian country are easy to see. The National Congress of American Indians has released a policy paper saying that tribal economic growth has already been thwarted; the National Indian Education Association has said the cuts “devastate” Indian education; and Native journalist Mark Trahant estimates that the overall financial reduction for funding in Indian country totals $386 million—and that’s just through the end of September.
In all, the joint decision by Congress and the Obama White House, first made in 2011 and carried out on March 1, to allow an across-the-board 9 percent cut to all non-exempt domestic federal programs (and a 13 percent cut for Defense accounts)—known collectively as the sequester—amounts to a major violation of the trust responsibility relationship the federal government is supposed to have with American Indians, as called for in historic treaties, the U.S. Constitution and contemporary American policy.
While all of the cutbacks are troubling and difficult to bear, perhaps the most problematic of all are the ones happening at the Indian Health Service (IHS), housed in the U.S. Department of Health and Human Services. The IHS must offer healthcare to enrolled tribal citizens, providing services for what are often the poorest of all Indians who live on reservations and can’t afford other healthcare.
With even the smallest of federal cuts, the agency—which has been vastly underfunded, by most tribal accounts, for decades—would have a more difficult time carrying out its mission. But it turns out that a sequester miscalculation—made through a combination of IHS error in misreading relevant law and a judgment call by the Office of Management and Budget (OMB)—has ended up costing tribal citizens much more than they were originally told.
IHS Director Yvette Roubideaux and her staffers had said at various tribal meetings and in letters throughout 2011 and early 2012 that “the worst-case scenario would be a 2 percent decrease from current funding levels” for IHS, rather than the 9 percent that was forecasted for most federal agencies if the sequester went into effect.
But Indian country began to learn late last year that Roubideaux’ predictions were wrong. IHS would be cut on March 1 at the same rate as every other non-protected agency. And since IHS was late to the game in planning for the larger cut, it didn’t work as aggressively at saving and protecting its resources as it could have. Also—and perhaps most egregiously—it fed tribes misinformation that cost them months of planning and advocacy time. “It’s unfortunate that we all relied on [IHS’s] earlier interpretation, because we could have addressed this earlier with the administration (especially the OMB) and the Congress,” said Jim Roberts, a policy analyst with the Northwest Portland Indian Health Board.
Read more at http://indiancountrytodaymedianetwork.com/2013/03/11/miscalculation-sequester-has-already-harmed-indian-health-148110
Saturday, March 9, 2013
The former executive director of a gaming commission for the La Posta tribe pleaded guilty Friday in federal court to embezzling $57,000 for a string of personal benefits such as a gun club membership, vacation bills and legal fees.
Troy Teague, 38, served as the head of the East County tribe’s Gaming Commission from 2006 to 2011. The U.S. Attorney’s Office said in a news release that Teague admitted to embezzling the money from the commission between June 2009 and April 2011.
The La Posta casino on Crestwood Road in Boulevard closed abruptly in October, saying in a letter to employees it had to do so because of its “current financial situation.”
Teague’s guilty plea is unrelated to the casino closure, prosecutors said.
Friday, March 8, 2013
Tuesday, March 5, 2013
“Disenrollment is tantamount to individual terminations,” said Kenneth Hansen, associate professor of political science at Fresno State. “Termination is when the government tells people they are no longer American Indians. How can they tell people who are obviously indigenous people that they are not Indian?”
The meeting came on the one-year anniversary of an incident at the headquarters of the Chukchansi tribe, that turned violent after several tribe members claimed an election was fixed. Members of the tribe who said they had been legally elected but were being denied their positions holed up in the headquarters building, eventually leading to a brawl involving about 40 people.
Disenrollment was at the heart of the protest last year and continues to be a hot topic. The election and the legality of disenrollment according to the tribe’s constitution is questioned by many associated with the Picayune Rancheria Chukchansi.
Read the FULL Story HERE Chukchansi Council Dispute