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Thursday, March 12, 2015

Chukchansi's Ousted Council Member SUES Sally Jewell, Interior and BIA's Amy Dutschke and TROY BURDICK

No wonder the BIA refuses to do their jobs.  One of the few times they do the right thing and they get sued right?  Had they done something earlier and with other tribes, there wouldn't be so many issues.  Interior and BIA are pouring gasoline on the fires they should be putting out.

Patrick Hammond, ousted Chukchansi Tribal Council members has filed suit against Interior Secretary Sally Jewell.    Funny to see that he's concerned about ETHICS.  Wonder if someone had to explain what that was?

As our friend Cathy Cory said:  

This argument, taken from the complaint, actually could refer as well to ALL of the DISENROLLMENTS undertaken at p\Picayune by EVERY TRIBAL COUNCIL SINCE 2006:
All of defendants' actions, as stated above, are (1) arbitrary, capricious, abuse of
discretion, and otherwise not in accordance with law; (2) in excess of statutory jurisdiction,

authority, or limitation, or short of statutory right; (3) without observance of procedure required by

law, within the meaning of 5 US.C. §706(A), (C) and (D); and the Decision is not supported by any evidence in the record and should be vacated by this Court.

Here are some of the facts of his case:

7. Picayune Rancheria of Chukchansi Indians Indians ("Tribe") is a federally recognized Indian tribe organized under the provisions of a written constitution ("Constitution"), which has been approved by the voting members of the Tribe.


8. Pursuant to the Constitution, which designates the Picayune Rancheria of Chukchansi  Indian Tribal Council ("Tribal Council") as the governing body ofthe Tribe, the Tribal Council adopted a set of By-Laws, which implemented provisions of the Constitution.

9. Under Article IV, Section 2 ofthe Constitution, the Tribal Council is composed of seven  (7) persons who are elected by the eligible voting members of the Tribe.

10. In December 2008 plaintiff was elected to the Tribal Council.

11. In early 2009, the Tribal Council instituted an investigation of alleged tribal Ethics Ordinance violations by plaintiff; on July 28, 2009, the Tribal Council held a hearing concerning the alleged violations, and the Tribal Council found no violations of the tribal Ethics Ordinance.

12. In December, 2010, the Tribe held new elections for the Tribal Council and as a result  ofthat election, plaintiff was again elected as a member ofthe Tribal Council.  

13. On January 13, 2011, the Tribal Council placed plaintiff under a temporary suspension 20 as a member ofthe Tribal Council. The basis for the suspension were the same allegations made in  early 2009 regarding which the Tribal Council found no violations of the tribal Ethics Ordinance.

14. On April 28, 2011, the Tribal Council held a hearing, found Appellant in violation of  the tribal Ethics Ordinance, and removed him from the Tribal Council on or about June 17, 2011.  


15. The actions described in paragraphs 10 and 11 resulted in plaintiff being unethically and unconstitutionally removed from his position on the Tribal Council. 

16. Beginning in June 8, 2011 and continuing through 2012, plaintiff sought assistance from  defendants pertaining to his improper suspension and issues he was having with the Tribal Council over the seating of the newly Tribal Council of the December 3, 2011 Election. 3 ComplaintCase 1:15-at-00201 Document 1 Filed 03/11/15 Page 4 of 9 17. Even though plaintiff sought defendants' assistance in resolving these wrongs, defendants failed to exercise their inherent authority to correct this manifest injustice and error.

18. In 2012, the Tribal Council acting through its subservient housing authority, unsuccessfully attempted to evict plaintiff from his tribal housing unit through California state court, and failed.  

19. Between January 24, 2013, and February 24, 2013, further disputes arose between  members of the Tribal Council and the Tribal Council divided into two factions. One faction was referenced as the "Ayala Quorum Council" and the other as the "Lewis Faction".

20. On November 8, 2013, the Tribal Court granted the Tribe's motion for summary 10 judgment. The Tribal Court entered a final judgment and recognized the Ayala Quorum Council as the lawful governing body of the Tribe and ruled that the members ofthe Lewis Faction were  properly removed.

21. On or about October, 2013, the Lewis Faction formed a so-called tribal court and sued  the Ayala Quorum Council in that court.  

22. From February 2012 through February 2013, (and later also) there were several 16 incidents involving violence related to the Tribal Office that required intervention by the Madera County Sheriff.


See the FULL COMPLAINT HERE

18 comments:

for ALL nations...for ALL chukchansi people said...

interesting as well...patrick hammond was the chairman of the enrollment committee when over 600 chukchansi people were disenrolled in 2006-2007...in that position, he was complacent with the tribal, civil, and human rights violations that were imposed upon those 600 chukchansi people...the very issues which are filed in this complaint are the same as those of ALL who have been disenrolled at picayune, now over a THOUSAND people...and what is even worse in the case of these arbitrary and capricious disenrollments, picayune states there IS NO APPEAL from disenrollment to any entity, therefore exhausting all remedies the second one is disenrolled...ironically, at least patrick has an avenue of appeal... cathy l. cory
chukchansi

Anonymous said...

> >>>>> On Mar 3, 2015, at 6:14 PM, Donna Howard > wrote:
> >>>>>
> >>>>> Mr. King,
> >>>>>
> >>>>> Council is requesting you bring a breakdown of what was paid to the Tribe, CEDA, and in taxes, in the form of a balance sheet, for 2012, 2013, 2014, and 2015 when you come to the CEDA meeting on Wednesday, March 4, 2015.
> >>>>>
> >>>>> Thank you
> >>>>>
> >>>>> Donna Howard
> >>>>>
> >>>>> *Sent from my PDA. Privileged and confidential.
> >>>>>
> >>>>> On Mar 3, 2015, at 4:57 PM, Donna Howard > wrote:
> >>>>>
> >>>>> Good afternoon Gentlemen,
> >>>>>
> >>>>> Tribal Council would like for you to appear at the CEDA meeting tomorrow, Wednesday, March 4, 2015 at 10:00 am. The agenda is in the process of being finalized. However, the topics Council will be addressing with you are:
> >>>>>
> >>>>>
> >>>>> a. Security for CGRC;
> >>>>>
> >>>>> b. Waste Water Treatment Facility;
> >>>>>
> >>>>> c. CGRC Financials – Larry King; and
> >>>>>
> >>>>> d. CGRC Closing Update and Opening Agreement – Giffen Tan
> >>>>>
> >>>>> Should you have any questions or require clarification of the within, please do not hesitate to telephone me at the numbers listed below.
> >>>>>
> >>>>> Sincerely,
> >>>>>
> >>>>> Donna K. Howard
> >>>>> Paralegal
> >>>>> Picayune Rancheria
> >>>>> of the Chukchansi Indians
> >>>>> Office: (559) 370-4141 ext. 2010
> >>>>> Direct Line: (559) 412-5590
> >>>>> dhoward@chukchansi-nsn.gov
> >>>>> www.chukchansi-nsn.gov
> >>>>>
> >>>>>
> >>>>>
> >>>>>

Anonymous said...

> >>>> On Mar 3, 2015, at 7:06 PM, "Chance Alberta" wrote:
> >>>>
> >>>> When will u be ready ?
> >>>>
> >>>> Chance Alberta
> >>>> Tribal Council
> >>>>
> >>>>> On Mar 3, 2015, at 6:52 PM, Larry King wrote:
> >>>>>
> >>>>> Thank you for the notice about tomorrow's meeting. I will need time tomorrow to gather the information, as we are also working on finalizing the opening information requested yesterday.
> >>>>>
> >>>>> I think it would be more efficient to schedule the presentation for another day. I will not be prepared to discuss this matter by 10:00am tomorrow.
> >>>>>
> >>>>> Please let me know if Council would still like for me to meet at 10:00am.
> >>>>>
> >>>>> Thank you,
> >>>>> Larry
> >>>>> Sent from my iPhone
> >>>>>
> >>>>> On Mar 3, 2015, at 6:30 PM, "Chance Alberta" > wrote:
> >>>>>
> >>>>> This will help break down 2015 budget , plus Larry if you have breakdown of presentation you said you presented to a council in 13
> >>>>>
> >>>>> Chance Alberta
> >>>>> Tribal Council

Anonymous said...

> >> On Mar 4, 2015, at 8:54 AM, Giffen Tan wrote:
> >>
> >> Are we rescheduled at 10? Or is this postponed until tomorrow, at least we have the 2015 opening plan as suggested to accommodate the 20 million.
> >>
> >> Also what is an operating agreement? "see email string below"
> >>
> >> Giffen
> >>
> >>
> >> -----Original Message-----
> >> From: Chance Alberta [mailto:chancealberta@me.com]
> >> Sent: Tuesday, March 03, 2015 7:40 PM
> >> To: Larry King
> >> Cc: Donna Howard; Giffen Tan; Reggie Lewis; Reggie Lewis; nokomis.hernandez@icloud.com; Tribal Administrator (TribalAdministrator@picayunerancheria-nsn.gov); Tracey Hopkins (THopkins@tcouncil.com); Karen Wynn, PhD; aramirez6546@aol.com; Nancy Ayala; David Castillo; Dora E Jones; moendi19@yahoo.com; Melvin Espe; Jennifer Stanley; Carl Bushman
> >> Subject: Re: Wednesday, March 4, 2015 at 10:00 am
> >>
> >> Thanks Larry
> >>
> >> Chance Alberta
> >> Tribal Council
> >>
> >>> On Mar 3, 2015, at 7:33 PM, Larry King wrote:
> >>>
> >>> I will pull the payment information tomorrow and send it over by the end of the day. The opening budget will take a couple more days to sort through and finalize because I want to make sure everything is explained thoroughly.
> >>>
> >>> Sent from my iPhone

Anonymous said...


> Subject: Re: Wednesday, March 4, 2015 at 10:00 am
> From: chancealberta@me.com
> Date: Wed, 4 Mar 2015 09:25:16 -0800
> CC: Larry.King@chukchansigold.com; dhoward@Chukchansitribe.net; reggielewistc@yahoo.com; rlewis@chukchansi-nsn.gov; nokomis.hernandez@icloud.com; TribalAdministrator@picayunerancheria-nsn.gov; THopkins@tcouncil.com; kvwynn51@aol.com; aramirez6546@aol.com; chukchansinancy@yahoo.com; dcastillo@chukchansi-nsn.gov; dorajones724@gmail.com; moendi19@yahoo.com; mespe@chukchansi-nsn.gov; oweybelle@aol.com; buzz.bushman@gmail.com
> To: Giffen.Tan@chukchansigold.com
>
> Can you send
>
> Chance Alberta
> Tribal Council
>
> > On Mar 4, 2015, at 9:14 AM, Giffen Tan wrote:
> >
> > Chance, we are working on the document for the 90 day opening base on a 20M as suggested, a breakdown of the items will also be available. The document is literally an a la carte, for you guys to make a determination.
> >
> > Giffen
> >
> > -----Original Message-----
> > From: Chance Alberta [mailto:chancealberta@me.com]
> > Sent: Wednesday, March 04, 2015 9:06 AM
> > To: Giffen Tan
> > Cc: Larry King; Donna Howard; Reggie Lewis; Reggie Lewis; nokomis.hernandez@icloud.com; Tribal Administrator (TribalAdministrator@picayunerancheria-nsn.gov); Tracey Hopkins (THopkins@tcouncil.com); Karen Wynn, PhD; aramirez6546@aol.com; Nancy Ayala; David Castillo; Dora E Jones; moendi19@yahoo.com; Melvin Espe; Jennifer Stanley; Carl Bushman
> > Subject: Re: Wednesday, March 4, 2015 at 10:00 am
> >
> > Can you please send 20 million plan , and if you have options as well
> >
> > Chance Alberta
> > Tribal Council

Anonymous said...

> >>>>> On Mar 3, 2015, at 4:57 PM, Donna Howard > wrote:
> >>>>>
> >>>>> Good afternoon Gentlemen,
> >>>>>
> >>>>> Tribal Council would like for you to appear at the CEDA meeting tomorrow, Wednesday, March 4, 2015 at 10:00 am. The agenda is in the process of being finalized. However, the topics Council will be addressing with you are:
> >>>>>
> >>>>>
> >>>>> a. Security for CGRC;
> >>>>>
> >>>>> b. Waste Water Treatment Facility;
> >>>>>
> >>>>> c. CGRC Financials – Larry King; and
> >>>>>
> >>>>> d. CGRC Closing Update and Opening Agreement – Giffen Tan
> >>>>>
> >>>>> Should you have any questions or require clarification of the within, please do not hesitate to telephone me at the numbers listed below.
> >>>>>
> >>>>> Sincerely,
> >>>>>
> >>>>> Donna K. Howard
> >>>>> Paralegal
> >>>>> Picayune Rancheria
> >>>>> of the Chukchansi Indians
> >>>>> Office: (559) 370-4141 ext. 2010
> >>>>> Direct Line: (559) 412-5590
> >>>>> dhoward@chukchansi-nsn.gov
> >>>>> www.chukchansi-nsn.gov
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>

for ALL nations...for ALL chukchansi people said...

hehe....so much for "*Sent from my PDA. Privileged and confidential.", eh? my synopsis? why would the nigc, the state of california, and the federal government aka BIA allow chukchansi gold to reopen...and, why would they allow it to reopen under the SAME "leadership" at picayune which is responsible for $50 million dollars being missing, with NO forensic audit, the SAME general manager, and a $20 million dollar "a la carte" budget available to these people to do so ? furthermore, several of the so-called "leadership" being cc'd aren't even approved as legitimate by the recent BIA decision naming the 2010 council as in charge, i.e. tracey and karen, so WHY are they receiving information AT ALL?

these memos (if valid), all in all, mean only ONE thing--more of the same deception, corruption, and violation of our chukchansi tribe and NO clean slate election--or forensic audit--in sight....

White Buffalo said...

You know all of these despots have one thing in common. Lawyers. They ask the lawyer who is milking his position. What can I do to secure my place, who do I sue to make my point, and how do I screw my own people to get more money for myself and to pay you. Simplistic, well perhaps.

Anonymous said...

Hope it opens soon.

Anonymous said...

Why? No reason to open it soon. Keep the beast closed until true clean slate elections can be held. And not a clean slate defined by Reggie or Nancy, as that will be selective to allow them to keep their laundering, err, leadership intact. Open the books! What are they affraid of, joining Tex in jail?

abraxas said...

This story is a terrific example of what the old Mighty Dollar can do to the Native indians who learn the White mans ways. I will use this site to show my Class room students that it is Not only our Race (White) who have changed History, Now we have the First Nations people doing it. All the historical information my students have gathered confirms the Gabrieleno connection as the heirs to the Nicoleno people. I challenged my students and now to Mr. Mocoro to provide the historical data connecting the Luisueno to San Nicolas Island.

Reinstatement_Restitution said...

The Pechanga Band of Luiseno Mission Indians is not basing its claim to the remains and artefacts on historical records. They using an oral tradition that has no historical basis. They are hoping that no one will be able to refute a legendary claim, and are willing to trample over the claims of the Gabrielenos because they are not a federally recognized tribe.

Perhaps the Gabrielenos, the Nicolenos, and the Luisenos share a common ancestry and were at one time connected as the Pechanga band claims. If only they were as interested in the living people who actually do a valid historical claim to a connection rather than the remains of those who have passed.

It is better if the remains are preserved and best if they are revered by their true descendants. The historical record is more current than oral tradition, and the linguistic evidence supports the fact that the Chumash and Luiseno have different origins.

Anonymous said...

Terminate this tribes federal recognition already...

Anonymous said...

The Book has been written and the Bad Actors are being highlighted again. Come on Macarro et al, follow custom and tradition. Honor ALL Ancestors rights and ALL the good will flow easier. Start fixing the flaws that have been made under your own boat. Do good things inside, settle the liars club issues and honor ALL ANCESTORS and their heirs.

Anonymous said...

Morris and dora are next...what did he with the 1 million plus he stole

Anonymous said...

Not sure just open we need jobs

Anonymous said...

if the casino wasn't there where would you be working...especially with a record

Anonymous said...

No record here