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Wednesday, May 16, 2012

Does the BIA Have Fiduciary Duty To Protect Pala Disenrolled? A Federally Approved Constitution Gives Them That RIGHT.

In a supplement to the BIA, attorney Dennis Chappabitty argues that not only does the BIA have a fiduciary duty to protect Pala disenrollees from a corrupt government. THEY HAVE THE RIGHT to do so because Pala has a federally approved constitution. We have written before how tribes like Pala and Pechanga have violated their own constitutions. Their recognition should be suspended pending review. Will our Federal government do their duty?
Supplemental Fidiciary 5.10.12[1]

MONEY QUOTE:

Robert Smith and the Executive Committee feel they are above the law to  the point where they all believe they can violate the plain provisions ofthe Tribe's federally approved Constitution without suffering any consequences.

Appellants urge the BIA to strongly assess Appellants' position that it is acceptable for the Department ofthe Interior to admonish their Executive Committee ofits open violations oftheir ICRA rights as guaranteed under their federally approved Constitution and Articles ofAssociation that the United States ofAmerica is ultimately responsible for enforcing compliance.

The Department of Interior must stand firm with Appellants against the Pala Executive Committee who feels it is beyond the reach of law and morality where it does not have to respect the plain provisions of its own federally approved Constitution. III.

CONCLUSION

In closing, Chairman Smith and the Executive Committee are violating Appellants' I CRA rights by not recognizing the Savings Clause in the Constitution and disenrolling them without legitimate facts or reasons, all in blatant disregard to their human rights. Intrusion by the BIA into this debacle is justified as in the execution of the Federal Fiduciary's duty to correct violations by the Tribe of the federally approved Constitution.

22 comments:

stand your ground said...

AMERICAS VIRTUAL GENOCIDE.

Disenrollments, Moratoriums, Banishments and Disenfranchising Native Americans from their tribes and heritage, the taking away of civil and human rights is AMERICAS NATIONAL DISGRACE.
Corrupt Tribal leaders and their even more corrupt Attorneys are responsable for these shameful actions.
The President of the United States, Mr. Barack Hussein Obama has visited California at least a dozen times to party with his rich Hollywood Elite friends, collecting money, making his speeches but not one word about the tragic situations in Indian Country.
Hillary Clinton running all over the world telling other sovereign countries how to run their government but not one word about the cruel and horrible situations taking place on Indian Reservations. They don't want to see "The Virtual Indian Genocide" happening in front of their eyes.
Our elected government SHOULD NOT IGNORE these cimes that are being perpetraded against our First Americans.. the American Indian.

Reinstatement_Restitution said...

Many thanks to Dennis Chappabitty for his eloquent attack on the illegal actions of the Pala Tribe's Executive Committee. Will the BIA responds with any action? Keep in mind that Amy Dutschke approved the Enrollment Ordinance drafted by her niece, Sarah Dutschke, and it contained no provision for due process. If the BIA has a duty to make sure that Tribal Constitutions comply with the ICRA, then that Enrollment Ordinance should never have been approved.

This nw approach citing an IBIA rulings against BIA partiality needs to be examined more closely in terms of the manner in which the BIA has handled the disenrollments of Pala members. It seems that the Regional Director has no problem approving amendments and revisions to the Tribal Constitution that violate the ICRA. Does this not imply either incompetence or partiality?

Anonymous said...

Like it has been said over and over on this site..follow the money!! Speaking of Sarah D..isn't it ironic that the Pala disenrollees most likely help pay Sarah through gaming profits to coordinate their own expulsion process..you are welcome sara!!unless of course you were working for free--yeah right! Do you think smith informed the 154-162 expelled this joint effort with sarah and amy was going on for the past few years as "he just wanted to make things right and had no ill will towards any of them." No ill will towards King Freeman either, who smith called a "liar living his own lies" in a mass letter to the whole tribe. I guess King made the whole story up about Leroy pleading guilty for soliciting a male prostitute. Who got expelled about a month later? 8 of King's family members. Shouldn't leroy be kicked out too?--he has less than 1/16th blood and plead guilty to a sex crime..

again smith--who is trying to "make things right?"

Reinstatement_Restitution said...

Well it's not as though Robert Smith pays any legal fees out of his own pocket. In fact there is a rumor that Howard Dickstein's $16mil settlement of the Rumsey Band lawsuit was paid with money deducted from per-capita distribution, and that is why the monthly per-capita was reduced.

Robert Smith's version of what is right includes buying homes for himself with the tribe's money, shuffling undocumented revenue into offshore bank accounts, making investments with the tribe's money and then reporting it lost while he converts it to himself, fixing elections, threatening anyone that opposes him, hiding drug use by Executive Committee members, and so much more.

The reason he goes to Vegas to gamble is because he got too drunk at Pala Casino and pissed in public, and of course in Vegas nobody can see how much of the tribe's money he is gambling away. There is much more to the Smith version of the right way. Bit by bit it will all get revealed and then the Pala Band will see how they've been duped, intimidated, and ripped off.

Of course these are lies. That is why Pala's investments provide such a good return, why Smith was forced to disenroll 15 percent of the tribe, why financial records must be kept secret, why no one runs agaisnt him at election time anymore, why Leroy Miranda is still Vice Chairman after pleading guilty to lewd conduct, etc.

smokeybear said...

And so all these "Criminal Elements" continue to "Destroy" all that was for nothing more then "Greed and Self Interest" in the form of $$$ stolen from "True Native Americans"..."Without Consequences"...."Eagle Eyes."

Anonymous said...

wonder if Dickstein and the EC wear bullet proof vests?

Anonymous said...

Smith also says in video "no ill will" towards any of the disenrolled yet turns around and says "these people dont belong here." smith--If no ill will, then why no due process? Why just a letter saying "you are hereby no longer a member of PALA?" NO apologies, no thank yous for your loyalty, no warning prior, its been a pleasure but we are sorry to inform you, etc.. Nearly every ordinance that you bullied into tribal law since gaming was part of a master plan to disenroll the brittain descendants. The evidence will unravel soon and show these facts. Also, since you (smith) say the 1928 probates are fact and some documents say unknown father, yet some say her father was Pelgrino (that you intentionally left out), what is fact and what is not? Some knew who her father was and some did not. Unknown is not a fact like you fabricate! Pelgrino Ortega is a fact, a name, a father! This is discrimination and should be a hate crime!

Anonymous said...

And again the 1913 allotments lists her as 4/4, the membership doctrine. She has proved her bloodline more than your sonoma spanish ancestors and leroy's ever can.

justiceforpaladisenrolled said...

Anytime Smith and his EC don't like the fact that someone is questioning them or are speaking out they seem to try and turn others against them. I remember the letter he sent out about King "being a liar and living his own lies" I am guessing King asked why he should be allowed to remain in the position he is in when he has committed such a disgusting crime of soliciting a male prostitue. BAM!! next thing you know 8 of Kings family are disenrolled. Why would you want someone that is supposed to represent your tribe still on the EC after such a crime. What a way to set an example. Members should be able to ask questions, demand answers on financial affairs that affects everyone and speak their feelings but apparenlty Smith and the EC want to make sure that no one has the freedom of speech by trying to adopg the Treason Ordiance. Ridiculous!!! The EC sent out a letter in October we are updating our rolls and your bloodline is in question please send in these documents... Never once said WHY it was in question or even asked for specific information in regards to MB. How the hell did they know what your were looking for Smith never had even heard of disenrollments until we decided to do some research and figured out you had disenrolled the 8 in June. I don't recall any letters being sent out informing tribal members of the disenrollments. funny though anytime someone upsets you or speaks out against you you send a letter how this person is ... and is a liar.... I know for a fact that many many documents were sent to you several times before the 30 day deadline to have the documents you requested sent in and NEVER once did you send a response I am asking for this specific proof and this is why i am asking for it!!! you are a coward!!! Then you send a disenrollent letter AGAIN with no reason on why you were disenrolling them. You offered them no due process and violated their rights by doing so and you know it. Then you send out some bullshit packet to all enrolled members asking them to share with their family who has been affected. Pretty sure it was not their responsibilty to do so and besides you left out the actual documnets who showed who her fater was. Again, you forget that she is listed on the 1913 allotment roll and her blood states 4/4. THIS is what your tribes "constitution" says is used in determining enrollment and that is what Leroy male prostitue solicitor Miranda says is how he is enrolled. So does your constitution have requirements for your friends and corrupt EC members and another for everyone else??? The disenrolled will WIN this and will not quit fighting until they do!!!!!!!

Anonymous said...

Follow the yellow brick road ($$$$$$)then look behind the curtain. Spaniard Smith and less-than(1/16th) Leroy, this aint kansas anymore! Less-than Leroy, do you think you will be able to plea bargain these crimes down as you did your undercover lover who arrested you??? By the way, who paid your fines for your lewd conduct which ultimately led to you disenrolling the first 8? (and how dare they hold you accountable!!) Did you need the first 8's per capita to pay your legal fees so you wouldn't have to end up behind bars? Who bailed you out of jail and where did that money come from? Please answer these questions and provide your lineage (do not "forget" to include your Yaqi blood ancestors)docs because the rest of the tribe (besides the 27 you and the spaniard have bullied/duped into forming a 100% quorum every time it was necessary to get a step closer to this expulsion) WANT THE TRUTH!!

Anonymous said...

I have some questions on this matter. Why doesn't palm springs count her blood, Margaritta Brittan that is? Isn't she the same lady in the 80's that the palm springs tribe investigated and concluded that there was no proof of extra blood simply because there was no father listed? They spent money to investigate this matter since they did have money back then before casinos. So I'm assuming they did their research back then, unlike the pala tribe where most of the Excecutive council was Margarita Brittians descendants. Or did that matter? So why don't palm springs count her blood?

Anonymous said...

Margarita Brittain's allotment was at Pala where she was enrolled. Margarita Brittain's children were enrolled at Pala. The Acting Assistant Secretary of the Interior in 1989 gave the Pala government the directive to add the descendents, and Pala did so.

What does Palm Springs (who was not the Governmental appointed record keeper and therefore didn't assume the fiduciary responsibility) have to do with Margarita Brittain? Just wondering.

Anonymous said...

Palms springs count total Indian degree , so it would not matter about allotments! If margaritta Britain is who she says she is then look at her mother and grandmother and great grandmother, who are they and where did they come from! Idiots, but you know all it ! Ha . SO YOU CLAIM!!!!

Justiceforpaladisenrolled said...

Anonymous 9:53

Palm springs and pala are not the same tribe. Pala " constitution" uses the 1913 allotment roll as basis for their enrollment. The allotment roll shows MB as 4/4. Robett smith and the EC are tying to say they do not meet the blood degree because they are saying her FATHER is unknown. MB mother side is not the issue here at all. ROvert smith and the EC Are saying they have no proof of who her father is therefore they don't know if she is full blooded when in fact there is paperwork they are turning their eyes to that prove who her father is.

Anonymous said...

The only way I will believe who her father is I if she was claimed by the father himself .I have not yet read anywhere that the father claimed her, that's what is mind boggling ? Is he on her birth records like all the other fathers ? Shouldn't there be evidence like a picture of her and her father? At least holding her as a baby or something????????? Sounds strange to me ?

Anonymous said...

There is filmstrip where Pelegrino state MB as his daughter and her sisters have claimed her and the EC knows this, they just disregard the evidence and hide it from the tribe. They all have stuff on each other so they vote with each other, but don't think for a minute that Theresa Nieto and Dion don't have their own evidence prepared and recordings of the hate that Robert and Leroy have for MB family, just in case it is laid in their laps. Don't think that Leroy does not have evidence against Robert, notice how they all hide behind his name, because when stuff goes down they don't want their names in the picture, but they are keeping their evidence against him just in case. He won't stand alone, he already is showing that the BIA is mostly to blame. It will all come out in the wash.

Anonymous said...

12:58-- How many Indian reservations do you think had cameras in the 1840's? You want a picture of Pelegrino holding MB when she was an infant? Are you serious? Show me pictures of YOUR ancestors 20 years pre-civil war!! Hell the Comanches ruled the West when she was born, six shooters were barely introduced, and you want a picture of 'Daddy holding baby' from that time frame, and official records from a people that spoke little if any English. I have to ask--are you part of the pala crime family (EC) or just a complete moron? Your thoughts don't add up! Unbiased (not your relation obviously) experts (lead by Elsie Lucero)investigated and proved who she was and put this matter to rest 20 years ago. Another purpose of the allotment rolls was to establish official records and create a census, hence 1913 allotment rolls. Was it an ancestor in your family who 'penned the changes' and hid behind the curtain? You just seem rather threatened that facts are surfacing in a direction not favorable to your biased opinion.

Anonymous said...

That's classic, a picture of daddy holding MB as a baby. Not only did Indians not have cameras, but they did not want their pictures taken by white people because the camera would steal their souls. If you have a picture of your 1840's ancestor holding their baby, please show it, or come up with something else. Man, that is funny. Maybe their I-Phone didn't get reception back then.

Anonymous said...

Hahaha!

I don't know about soul stealing but I don't think there were very many photographers hanging around Warner's Rancho back around 1840 to take family portraits. That's hilarious!

A film strip you say? Now that sounds interesting.

Of course they would need dirt on each other to maintain their own little Mexican standoff.

Anonymous said...

So why is MB such an issue? If it was that clear and simple the way they say , then why has this issue been on going for decades upon decades? WHAT DID THE LADY DO TO HAVE SO MANY HATERS? Her mother knew who her father was , so why didn't she sate it anywhere? I just don't get why her own children would say she was half white? Her children. She must have told them something to claim that.
And as for cameras, there where plenty of them, where where they located back then, WARNER'S . Wasn't the WARNER guy white? You know he had up to date technology.

Anonymous said...

Pelegrino (Saubel) Ortega was Margarita's father. This has been proven over and over along with a Federal Ruling in 1989. Smith even signed off on it in 1989, then officially recognized her again in 1995. What dont you understand? Smith is a liar and a thief and most obviously, full of hatred!

Original Cupa said...

Cameras came around with Lummis and then again later with Josephine Cook. Contrary to anonymous' assumptions, there are no pictures of ANY men from Kupa holding their babies. At least none publicly available through online records and museum exhibitions. Go ahead and start photoshopping though...Also, it wasn't Warner Springs until later. The issue hasn't gone on for decades.It was laid to rest only to be exhumed to settle a bitter dispute between a handful of people...