Thursday, June 19, 2014

COOK Family LOSE APPEAL at Shingle Springs: Disenrollment STANDS, But can RE-Apply for Membership

The tribal court for Shingle Springs has denied the Cook family appeal, not on the merits, but because they tribe followed the ordinance rules

HERE IS THE MONEY QUOTE:
It seems to this Court that the difficulty stems from the Department of the Interior's system wide failure to keep complete, clear records, and make those available to Indian individuals while simultaneously imposing their own census rolls on tribes to use as the basis for their membership criteria. 

WHAT do you think? The order is after the jump




Under the Shingle Springs Band of Miwok Indians Enrollment Ordinance, the Tribal Court has jurisdiction over appeals of Tribal Council decisions to disenroll individuals and, 
"shall only review and set aside the decision of the Tirbal Council, if the Tribal Court Finds it to be:
(i) Arbitrary, capricious and an abuse of discretion, unsupported by substantial
evidence·, or otherwise not in accordance with Tribal law; or
(ii) Without observance of procedure required by this Ordinance."
Petitioners did not argue, nor did the court find any other evidence, that Respondent failed to observe any procedure required by the Enrollment Ordinance. Therefore the only question the court was to consider was whether or not the Respondent's decision was "[a]rbitrary, capricious and an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with Tribal law." 
There were efforts by both parties to define the legal standard of review, "arbitrary and capricious", however, the standard is well defined in the Enrollment Ordinance. "Arbitrary and capricious" is "an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with [Tribal] law." Thus to overturn a decision of the Tribal Council on a matter of disenrollment the Court must find the decision was an abuse of discretion, unsupported by substantial evidence or otherwise not in accordance with Tribal law. 

11 comments:

Anonymous said...

God will see a why out of this, regardless of what is been put in the minds of others. The truth will come to the fore front, by any means. It was a surprise to hear that this family was being considered for dis-enrollment, what other surprises will be made in the coming months? But life goes on and you all that have done your dirt; you shall proceed in the WRONG doing that's done. And to the family that is suffering from this situation, "Life takes us by surprise and orders us to move towards the unknown- even when we don't want to and when we think we don't need too." You've all suffered more then enough, GOOD is coming your way!!

t'eetilawuncha! said...

I feel the same thing. Good always comes through! Sometimes it seems to take forever, but I realize the plan was set already, and I just have to follow my instinct knowing it was already planned and everyone has a purpose, good or bad. I just try and stay on the good side. Try!

Anonymous said...

How does the judge and tribal council decides to say "No" or continue with the dis-enrollment. However still gives the cook family the option to re-apply for membership? Isn't that contradicting your ruling? You tell them no but by the way you can re-apply for membership. That makes one wonder what is the Shingle Springs Band of Miwok really hiding. Must be something major!!! Hmmm......

Anonymous said...

It could be the Bad Actor association facing the truth. Fix the lies before someone or something else fixes it for them? The Bad Actors movie sucks anyways.

crystal nieto said...

57. Pechanga (Temecula) Indian Reservation.
9 items.
A tracing of a sketch (map) of the Pechanga
Reservation and adjacent lands made to accompany
the report of H. L. Ryan in March 1894. Maps and
plats of the Pechanga or Temecula Reservation, some
of which show allotments and lands patented to the
Temecula Indians. A plat of Little Temecula Rancho.
A sketch map and profile of a pipeline through the
reservation. A map, approved in 1913, showing the
location of a highway through part of the reservation
and allotments affected. A map, approved in 1917, of
a survey for a telephone and telegraph pole line.

crystal nieto said...
This comment has been removed by the author.
Anonymous said...

@ June 24, 2014 at 11:28 PM
Exactly the truth. Archives.gov show allotments and land patents to the Temecula Indians. The truth is Crystal Clear. Bad Actors are exactly that, greedy self centered actors who forget what our people went through and think it's ok to do it again from within. Civil Rights being violated from within is the stone rolling through until the Bad Actors are stopped or they stop themselves.

Anonymous said...

Change is good, but acts being allowed inside that our ancestors went through from outsiders is not our way I believe (apartheid, dis enrollment, lies, greed ect.). Criminal acts (unwanted sexual acts, drug use, stealing ect.) on others is different. Disagreements & unsettled questions is a different thing and should be handled together inside. Misusing customs and traditions to hold power, telling lies to outsiders to justify your actions is not our way either. These acts are running through because $$ is blinding, and people are forgetting these acts could be used against them. They would feel uncomfortable too, feeling their children watch the bad mistakes. No one is going anywhere.

Anonymous said...

Change is good. Change needs to touch all the Shingle springs tribal members that have not been disenrolled and choose not to have a voice. Change will come and either way we all look at good will come to the Cook/Keola family. Regardless if their skin is a few shades darker then your, if they are a diverse family with a African American side and a Latino side. They are a family and the grandparents wouldnt go through the process of being recognized to only put their future generations in this situation. As they say what is in the dark shall come to light! Discrimination is not accepted for any reason, and God don't like UGLY!!!

Ilya said...

Why would someone even think of making the move to disenroll them in the first place? Seems like a strange thing to do.

Anonymous said...

Really this was a move towards higher power and greed I am amongst 1 of the family that was disenrolled and this was a act of greed and fear or the truth and that truth is something that will enrage those on the council and leave their jaws dropped.