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Monday, January 10, 2011

Pechanga Tribal Council Should Follow Tribal Law Rescind Disenrollments

Hunter cousin, 'aamokat, has put together a post that details what happened during a valid petition presented by Anthony Miranda, former head of CNIGA, who presented the petition halting ALL disenrollments in order to keep the tribe from fragmenting further.  Unlike the recent petition to recall the corrupt tribal council leader Mark Macarro, Miranda's petition was ruled VALID by the people.

The following petition was declared justified by a vote of the Pechanga General Council (General Membership) on June 19, 2005 and was voted into the law by the General Council (General Membership) on July 17, 2005.

PETITION
JUNE 19, 2005

The purpose of this petition is to repeal the disenrollment procedures and declare all currently enrolled members as meeting the qualifications for membership for all purposes under the laws and customs and traditions of the Band.
The reason for this petition is to bring harmony and peace back to the membership.

For all purposes under the laws and customs and traditions of the Band, the General Council of the Band hereby declares
1) The Disenrollment Procedures is repealed effective June 19, 2005
2) All persons whose names appear on the membership roll as of June 19, 2005, constitute a base roll and meet the qualifications for membership in the Constitution and Bylaws.
3) Any persons who proves an unbroken chain of lineal descent from a member is (2) also meets the qualifications for membership in the Constitution and Bylaws.
4) It is unlawful for the Enrollment Committee to investigate members for disenrollment purposes.”


During the debate of the measure the Pechanga legal department declared that it was within the tribe’s authority to pass this petition as written into law per the Temecula Band of Luiseno Mission Indians Constitution and Bylaws, sometimes referred to as the Pechanga Band of Mission Indians (title of the tribe is from the preamble of the Band’s Constitution and Bylaws). So the all the provisions of this law are legal and binding.

Also during the debate of the measure Chairman Mark Macarro said, when asked if the Hunters were covered by the new law if it was passed, “all means all” So it was very clear that the people were voting to end all disenrollments including the pending Hunter case. In addition, elder Norman Pico commented that disenrollment was not even mentioned in the Constitution and Bylaws so it was not stipulated that the enrollment committee had the final authority in such matters so the people were the final authority to stop the Hunters disenrollment which they did when they approved the law outlawing disenrollment.




Article VIII of the Band’s Constitution and Bylaws states the following:

“THE SIMPLE MAJORITY OF MEMBERS PRESENT SHALL RULE AND DECIDE IN ALL MATTERS OF GOVERNMENT AND BUSINESS OF THE BAND UNLESS STIPULATED OTHERWISE IN THESE BYLAWS.”

Article V of the Band’s Constitution and bylaws 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."

So the disenrollment of the Hunters on March 16, 2006 was clearly illegal as, among other reasons, the disenrollment procedures to move against the lineal descendants of Paulina Hunter, no longer existed as of the justification date of the petition of June 19, 2005 so any decisions made by the enrollment committee and the tribal council regarding our disenrollment are null and void.   Anyone who wants to lead the tribe should see that immediately.  Simply stated, council members including Russell "Butch" Murphy and Mark Macarro did not do their duty.

We are asking the elected officials of the Temecula Band of Luiseno Mission Indians, sometimes referred to as the Pechanga Band of Mission Indians, to do their duty as mandated in the Band’s Constitution and Bylaws to reinstate us to our rightful place in accordance with a duly passed tribal law.

Current tribal members, is there anybody out there who has the courage to insist that tribal law be followed?  I was told by a sitting tribal councilman after our illegal disenrollment that things will be made right so why not now? Also, a long time member of the PDC told me, also after our disenrollment, that he wasn’t afraid of the CPP who orchestrated our disenrollment. 

So if that is the case, then why isn’t he personally insisting that tribal law be followed?

9 comments:

'aamokat said...

By the way, the Hunter family appeared in front of the enrollment committee the week of June 6 to June 10 2005 and they had 30 days to submit certified and notarized documents that were requested by the enrollment committee and no decision had been made regarding their disenrollment pending review of the documents.

So, as I said in the article, the decision to disenroll the Hunters and the decision to turn down their appeal by the tribal council were both after the June 19, 2005, the date when the disenrollment procedures no longer existed as a part of tribal law, hence the Hunters disenrollment is null and void.

Our tribal critic who comes here to comment against us claims that the tribal membership was in favor of our disenrollment but the facts don't back up this contention so he is either lying or he is ignorant of the facts.

'aamokat said...

The tribal council sent a letter dated March 14, 2006 informing the General Membership that the Hunters were not included in the 2005 law outlawing disenrollment, just two days before the Hunters received the Record of Decision informing them they were kicked out of their tribe, obviously timed so the Hunters could not dispute the councils decision.

The tribal council claimed in this March 14, 2005 letter to the General Membership that the General Membership could not under its own authority interrupt or question the enrollment committee regarding enrollment or disenrollment that it was a violation of established tribal legal precedent.

Never mind that the membership are the final authority in all matters of tribal government unless stipulated in the Constitution and Bylaws, which don't state the enrollment committee have the final authority in such matters.

But even so there is also no established tribal legal precedent that states the enrollment committee are the final authority in matters of enrollment and disenrollment but in fact there is precedent that states the exact opposite as on April 20, 1986 the General Membership voted to overturn the decision of the enrollment committee to not enroll the lineal descendants of Rose Murphy and to take them in as tribal members.

So the fact that sitting tribal councilman Russell Butch Murphy is a tribal member today is proof that the General Membership is in fact the final authority in matters of enrollment and disenrollment.


However we, the Hunters, maintain that we meet the requirements

'aamokat said...

Of course the second date in my past post is also March 14, 2006 and not March 14, 2005 which is a typo.

Luiseno said...

I have said this more than one time, and that is that we were NOT disenrolled. How could we be disenrolled if the disenrollment procedure no longer existed? Just because someone sent us a letter saying we were disenrolled, and we no longer received anything from the Tribe dose not make it anymore true than if they had put together a committee that determined we were from Mars and no longer Earthlings.

We have a legal right to vote, and should show up next election and cast our vote as is our right.

Anonymous said...

But what if it was Martians who aren't even Earthlings who determined that we Earthlings were no longer Earthlings?

Because some of the people against us, namely the people from the Basquez/Masiel family, have a weak claim on tribal membership themselves so are they really even Pechanga?

Luiseno said...

My point was that our disenrollment wasn't worth the paper it was written on. It's totally meaningless. Just because they said it was so (that we were disenrolled), doesn't make it true. How can you dis-enroll someone, if the process does not exist?

They can claim anything they was, they can send out notices that black is white and white is black, but that dose not make it true.

Luiseno said...

At the end of our dis-enrollment papers (not sure of the exact wording, and I really don't want to run it down at the moment), but the council wrote to remind us that by custom and tradition our Tribe does not disclose any of the internal goings on to those outside the Tribe. And were asking us to remember this and not speak of what happened to those outside the Tribe.

It seems that they were saying that even though we were dis-enrolled, would we please adherer to the customs and traditions of our Tribe and not speak outside the Tribe about this.

Anonymous said...

There is no honor in what the tribe has done. Soon the new Congress will hear about what is happening in CA tribes and those honorable tribes may have to suffer for what dishonorable tribes do.

They should start pushing the fact that sovereign nations can be treated differently.

Anonymous said...

when Pechanga commits these crimes against their people THAN CUSTOM AND TRADITION APPLYS-- AS WELL AS BANISHMENT ORDERED [FOR CERTAIN FAMLIES]ON AUDIO TAPE