I've sent so many emails with links to my blog posts on their, slow, inadequate obfuscatory actions in response to their handling of FOIA request, I'm getting reply emails with some interesting factoids that are worth printing and reading:
From reader Miss C
Dear BIA DOI,
Under the freedom of information Act there are 9 exemptions under this act which are,
classified information for national defense or foreign policy
internal personnel rules and practices
information that is exempt under other laws
trade secrets and confidential business information
inter-agency or intra-agency memoranda or letters that are protected by legal privileges
personnel and medical files
law enforcement records or information
information concerning bank supervision
geological and geophysical information.
Now how many of those actually apply to tribal records that the BIA holds? Should there be any exemptions to personal documents to tribal people? Why has it taken almost a year to fulfill one request? Be accountable to the people who are the reason many of you are employed.
From reader NativeAsterisk:
There is suggestion that the Pacific Regional Director is witholding FOIA requests that is in direct correlation to her own familial relationships to each of these tribes, specifically to San Pasqual.
Hopland Tribal disenrolled is still waiting on a $2700+ paid in full FOIA request. Most of the 60 pages released have been redacted.
There is corruption on Hopland lands that BIA has turned a blind eye to. The pot farm on lands that are being withheld from tribe members. Unconstitutional use of other land assignments. The realty company that is supposed to be in trust that is used to distribute lands for drug manufacturing, including cannbis oil production. Sheriff Allman is all too aware of what is going on up there. He collected payment of his harvest last year. As soon as his crew left, hopland tribe planted twice as much.
Wanda Balderama has a meth lab behind a wall in her garage, and her sister next door to her sells the merch out of her bedroom closet. Check out how many drug addicts and child molesters there are being harbored on their lands.
Joseph San Diego uses Wilma Elliott's state notary powers to buy new vehicles without paying the taxes on each. Joseph San Diego also enjoys full housing subsidies from Northern Circle Indian Housing Authority, because his good friend Brian Yepez is on the housing board.
Iyesha Miller's mother Wanda Balderama and buddy Beverly Rodriguez were both caught red handed emptying out children's trust funds. The issue went to court amd both Wanda Balderama and Beverly Rodriguez were removed from tribal council and banned from any positions of power for 10 years. However, Iyesha Miller, who since had become chairwoman, elected her mother to be election committee chairwoman. As soon as that move happened, 74 members of Hopland were removed.
And Amy Dutschke...
Amy, all them drunkin' nights with heads of tribal governments and the gossip shared between all of them drinks in between... Big drinker, that one there... big drinker.
More:
Dear Amy and DOJ:
We're writing a book about the failure of BIA Regional Director, AMY DUTSHKE and the inaction this federal agency takes to protect real California Native Americans.
DOJ, when will you investigate?
Congress, when will you step in?
Indian Affairs, when will you offer hearings?
Showing posts with label Amy Dutschke. Show all posts
Showing posts with label Amy Dutschke. Show all posts
Sunday, July 16, 2017
Tuesday, June 27, 2017
BIA Takes "Good Enough for Government Work" as GUIDELINE on FOIA Requests
Is THIS what we expect from our government: Probably not the best, but what the hell, at least we got the job done to minimally acceptable standards, some of the time.
More follow up of the BUREAU of Indian Affairs and the Emilio Reyes FOIA REQUESTS. I have three emails from BIA Southern California agency, Javin Moore is currently the superintendent, and from Director Amy Dutschke.
Let's see if I can break these down for our readers.
EMAIL #1: Director Dutschke is asking FOIA officer Doug Garcia, WHY FOIA requests aren't cleared from the backlog, when they are completed. Looks like 3 weeks LAG TIME? Interesting that it took an hour and a half to get back to the BOSS LADY.
EMAIL #2: It appears Sandra Hansen was trying to avoid completing the FOIA requests, including initiated a "phone tag" to delay or to avoid providing responses to SPECIFIC requests
EMAIL #3: The last one could charitably be termed a "error" stuffing envelopes. But more likely carelessness because the agency claims to mail Emilio correspondence but mails correspondence that is supposed to go to another requester.
<
It certainly seems like we spend a lot of time of BIA failures, issues and more, doesn't it
More follow up of the BUREAU of Indian Affairs and the Emilio Reyes FOIA REQUESTS. I have three emails from BIA Southern California agency, Javin Moore is currently the superintendent, and from Director Amy Dutschke.
Let's see if I can break these down for our readers.
EMAIL #1: Director Dutschke is asking FOIA officer Doug Garcia, WHY FOIA requests aren't cleared from the backlog, when they are completed. Looks like 3 weeks LAG TIME? Interesting that it took an hour and a half to get back to the BOSS LADY.
EMAIL #2: It appears Sandra Hansen was trying to avoid completing the FOIA requests, including initiated a "phone tag" to delay or to avoid providing responses to SPECIFIC requests
EMAIL #3: The last one could charitably be termed a "error" stuffing envelopes. But more likely carelessness because the agency claims to mail Emilio correspondence but mails correspondence that is supposed to go to another requester.
<
FOIA (Freedom on Information Act) documents from Bureau of Indian Affairs. by Original Pechanga on Scribd
It certainly seems like we spend a lot of time of BIA failures, issues and more, doesn't it
Tuesday, June 13, 2017
BIA, Weldon Loudermilk, Amy Dutschke and Javin Moore SUED for Civil Rights Violations, Fraud and Conspiracy By San Pasqual
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| Bureau of Indian Affairs Pro Indian, or just SOME Indians |
Issues of abuses by the Bureau of Indian Affairs (BIA) at San Pasqual are reaching critical mass for both San Pasqual members AND the descendants that have been denied their rights as Indians, so that NON Indians can benefit.
Amy Dutschke, a Miwok, Allen Lawson & Cheryl Calac have 1/32 Mesa Grande blood, but they have 1/8 Miwok blood through their mother, Lena Montes.
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| Amy Dutschke and Ursula Never seen together..coincidence? |
Monday, September 19, 2016
Reps. Ken Calvert, Jared Huffman and Duncan Hunter Letter on Pechanga STEALING Reservation Allottees Water Rights
Well, they've done it again. Congressman Ken Calvert has literally carried Pechanga's Water Bill, which we've opposed for 6 years, now designated HR 5982, which will eliminate water rights to reservation allottees that live on the reservation, yet have been stripped from their tribal citizenship, and all rights included.
Apparently, Calvert doesn't care about civil and human rights abuses, the apartheid system on the reservation, not the segregation and elder abuses. Even the BIA's AMY DUTSCHKE admitted that we have RIGHTS. WE ARE STILL waiting to be informed, Mark Macarro intimated in a letter to the House Natural Resources committee that we were kept informed. He LIED again...
I've published a letter just sent Reps. Calvert, Hunter, Ruiz and Huffman...Please consider sending a fax too.
Apparently, Calvert doesn't care about civil and human rights abuses, the apartheid system on the reservation, not the segregation and elder abuses. Even the BIA's AMY DUTSCHKE admitted that we have RIGHTS. WE ARE STILL waiting to be informed, Mark Macarro intimated in a letter to the House Natural Resources committee that we were kept informed. He LIED again...
I've published a letter just sent Reps. Calvert, Hunter, Ruiz and Huffman...Please consider sending a fax too.
Tuesday, September 22, 2015
UPDATE: Purported Attorney for Pala and NIECE of BIA's AMY Dutschke, sends Threatening Letter to Attorney for Agua Caliente Tribe of Cupeno Indians
LET'S GET READY to RUMBLE!
I've got TWO letters here, one which is a response from Andrew Twietmeyer, attorney for the Agua Caliente Tribe of Cupeno Indians of the Pala Reservation. The second is from Attorney Sara Dutschke Setshwaelo, who claims to be the attorney for the Pala Tribe.
The second paragraph addresses that issue. IS SHE....or ISN'T SHE?
” My Client is unaware of any such approval or authorization and believes it to be unlikely.
Therefore, as a courtesy, and to facilitate open and direct communication, please immediately
send me documentary evidence of 1) the PBMI General Council’s and the Secretary of the Interior’s authorization and approval for you to represent the PBMI; and 2) when such authorization and approval was effected. OUCH
Another item seems to have Atty Setshwaelo CONFUSED. She doesn't seem to know the difference in a proposal:
It is a proposal only. In other words, your contention that, my Client’s Proposal that the PBMI should agree to particular terms, somehow operates to misrepresent that the PBMI has agreed to such terms is, quite frankly, absurd.
Most important, there is a QUESTION as to HOW Attorney SDS came into possession of certain documents. COULD IT BE her AUNT, Amy Dutschke share documents with her?
Your letter also makes reference to a January 7, 2015 letter. See Tab “A” at p. 2. My
Client sent that letter to the attention of Regional Director Amy Dutschke and her subordinates at
the Pacific Regional Office only. How did you or your client obtain a copy of that letter? I am
given to understand that Regional Director Dutschke is a relation of yours. Is that true? Did she
transmit the letter to you or your client? Please advise immediately as to where you obtained that
letter. The fact that you have cited my Client’s private communications with the Bureau in your letter is very troubling to my Client.
READ the Documents:
UPDATE: Word from Pala that Sara Setshwaelo HAS NOT RESPONDED to the request for PROOF she is the PALA ATTORNEY.
 |
| AMY DUTSCHKE |
The second paragraph addresses that issue. IS SHE....or ISN'T SHE?
” My Client is unaware of any such approval or authorization and believes it to be unlikely.
Therefore, as a courtesy, and to facilitate open and direct communication, please immediately
send me documentary evidence of 1) the PBMI General Council’s and the Secretary of the Interior’s authorization and approval for you to represent the PBMI; and 2) when such authorization and approval was effected. OUCH
Another item seems to have Atty Setshwaelo CONFUSED. She doesn't seem to know the difference in a proposal:
It is a proposal only. In other words, your contention that, my Client’s Proposal that the PBMI should agree to particular terms, somehow operates to misrepresent that the PBMI has agreed to such terms is, quite frankly, absurd.
Most important, there is a QUESTION as to HOW Attorney SDS came into possession of certain documents. COULD IT BE her AUNT, Amy Dutschke share documents with her?
Your letter also makes reference to a January 7, 2015 letter. See Tab “A” at p. 2. My
Client sent that letter to the attention of Regional Director Amy Dutschke and her subordinates at
the Pacific Regional Office only. How did you or your client obtain a copy of that letter? I am
given to understand that Regional Director Dutschke is a relation of yours. Is that true? Did she
transmit the letter to you or your client? Please advise immediately as to where you obtained that
letter. The fact that you have cited my Client’s private communications with the Bureau in your letter is very troubling to my Client.
READ the Documents:
UPDATE: Word from Pala that Sara Setshwaelo HAS NOT RESPONDED to the request for PROOF she is the PALA ATTORNEY.
Thursday, May 28, 2015
Native Americans MUST Exercise COMPUTER ACTIVISM. Help San Pasqual People Restore Their Rights
The TRUE San Pasqual people have been a petition to demand action from the U.S. Bureau of Indian Affairs on the return of the rightful San Pasqual tribal members to their position in the tribe. This is NOT a "membership issue", this is a restoration of their rights, they are entitled to, which were usurped by what Al Sharpton would call "white interlopers".
By signing this petition, you will have exercised COMPUTER ACTIVISM, something we can all do from the comfort of our own homes. Your signature on this petition will make a statement, one that will be received by Kevin Washburn. DON'T let this opportunity be wasted. Sign now, get your spouse to sign and any kid that has an email.
San Pasqual Lawsuit
San Pasqual Split
San Pasqual Must Lose Right to Run Valley View
San Pasqual Members DENIED their Civil Rights says BIA
By signing this petition, you will have exercised COMPUTER ACTIVISM, something we can all do from the comfort of our own homes. Your signature on this petition will make a statement, one that will be received by Kevin Washburn. DON'T let this opportunity be wasted. Sign now, get your spouse to sign and any kid that has an email.
Take a look at these articles about San Pasqual:
San Pasqual Split
San Pasqual Must Lose Right to Run Valley View
San Pasqual Members DENIED their Civil Rights says BIA
Wednesday, November 16, 2011
Amy Deutske and Dale Risling of Bureau of Indian Affairs say Pala Disenrollee's Appeal Received on Time.
Of course the facts don't matter to the Pala Tribe, so the reaffirmed the termination. And Pala is looking at another 120 for disenrollment too. I'm sure it's because of blood levels and NOT the $13,000 each they'd be able to divvy up. Let's see, $13,000 x 128 is $1,664,000 that the remaining people would split..almost $20 MILLION more a year. Yes, it's the blood.....
The eight people, who are family members of former Pala Chairman King Freeman, filed an appeal with the Bureau of Indian Affairs on June 29, which bureau officials said was within the deadline.
However, for some unknown reason, the tribal council said the appeal was not filed on time.
"This (removal from the tribe) was voted upon by the Enrollment Committee at a duly called meeting of the Executive Committee, on Aug. 3, with a quorum present," Pala Chairman Robert Smith wrote in a letter dated Nov. 3. "The grounds for said action are failure to file your appeal with the Bureau of Indian Affairs within the time period prescribed by law."
Smith's letter contradicts a letter sent by the Bureau of Indian Affairs last month to the eight people saying the appeal was received on time.
"The eight appeals were received at the Pacific Regional Office on June 29, 2011 and were timely filed," according to the letter signed by Amy Dutschke, the bureau's regional director in Sacramento.
Dale Risling, the bureau's deputy regional director, confirmed last week that the letter was accurate and added that the agency was reviewing the case to issue its recommendation
HERE's a QUOTE FROM RISLING: Bureau of Indian Affairs Deputy Regional Director Dale Risling, based in Sacramento, said “quite a few” tribes are going through disenrollments currently.
He said his agency hears about most of them through the media, and not directly, since they don't usually have a role in settling the disputes because of tribal constitutions. “The ones that we really get are the ones that require our involvement.”
Read More at the NCTIMES
The eight people, who are family members of former Pala Chairman King Freeman, filed an appeal with the Bureau of Indian Affairs on June 29, which bureau officials said was within the deadline.
However, for some unknown reason, the tribal council said the appeal was not filed on time.
"This (removal from the tribe) was voted upon by the Enrollment Committee at a duly called meeting of the Executive Committee, on Aug. 3, with a quorum present," Pala Chairman Robert Smith wrote in a letter dated Nov. 3. "The grounds for said action are failure to file your appeal with the Bureau of Indian Affairs within the time period prescribed by law."
Smith's letter contradicts a letter sent by the Bureau of Indian Affairs last month to the eight people saying the appeal was received on time.
"The eight appeals were received at the Pacific Regional Office on June 29, 2011 and were timely filed," according to the letter signed by Amy Dutschke, the bureau's regional director in Sacramento.
Dale Risling, the bureau's deputy regional director, confirmed last week that the letter was accurate and added that the agency was reviewing the case to issue its recommendation
HERE's a QUOTE FROM RISLING: Bureau of Indian Affairs Deputy Regional Director Dale Risling, based in Sacramento, said “quite a few” tribes are going through disenrollments currently.
He said his agency hears about most of them through the media, and not directly, since they don't usually have a role in settling the disputes because of tribal constitutions. “The ones that we really get are the ones that require our involvement.”
Read More at the NCTIMES
Friday, February 4, 2011
BIA's Amy Dutschke Recognizes Trust Responsibility to Allottees on the Pechanga Reservation
Many members of Paulina Hunter descendents are receiving letters from Amy Dutschke, Regional Director of the Bureau of Indian Affairs, in response to our concerns over not being consulted on the Water Rights Bill that Pechanga was trying to get pushed through the last Congress.
From the BIA letters, here is where the DOI admits to our water rights:
The Department of the Interior recognizes that allottees have water rights on allotted lands and that the United States has a trust responsibility, independent of any responsibility to the Pechanga Band, to protect those interests.
The Department is currently reviewing the proposed settlement legislation and its effect on allottees within the Reservation.
Please remember that the Hunter family is one of the few original allottees to maintain their land on the reservation. We have homes on the original 20 acres we were allotted in 1895. We were part of the Temecula Band of Luiseno Indians, which somehow disappeared and became the Pechanga Band of Luiseno Indians, which has FEW allottees in the tribe.
Next passage:
Second, while a settlement may contain a provision to the effect that a tribe shall have the right, subject to applicable federal law, to manage, regulate and control the on-reservation use of all of the water rights granted or confirmed by the settlement, it must also require that, within a set period of time following execution of the settlement, the tribe enact a comprehensive water code governing all water rights granted or confirmed by the settlement. OP: A tribe that came into existence 100 years AFTER we got our land would set up a code for water that is OURS and then put us at their mercy? Do you think the tribal council cares about water for allottees, or water for the casino? HINT: Tribal Chair Macarro does not live on the reservation, and rarely VISITS the reservation.
To be effective, the code should contain (a) a process by which any allottee may request and receive an equitable distribution of irrigation water for use on his or her allotted lands; (b) a decision making process that gives the allottee due process of law in deciding on such requests, including a process for appeal and hearing before an impartial judge or tribunal; and (c) a provision that the code does not take effect until the Secretary of the Interior has approved those parts of it, or any subsequent amendments thereto, that address irrigation water use by allottees. OP: Uh, yeah, Amy, we TRIED that with our disenrollment or rather extermination from the tribe. There IS no impartiality when someone who does NOT own land tells you what to do with your land.
Next:
We are aware that the Pechanga Tribal Government presented and discussed with the Tribal membership the Settlement Agreement, allottee rights and a section by section review of the legislation on Septmber 12, 2010.
OP: But were you AWARE that we, the allottees were NOT party to the settlement agreement? WE receive NO notice of the meeting, the presentation. WE were NOT party to the construction of the agreement. Pamela Williams was at a meeting with the tribe, interesting that we were not made aware of it. We have requested meetings with her and haven't heard back. We REQUESTED to be involved!
I. The Department of the Interior and Pechanga Band Failed to Notify Allottees of the Negotiations to Settle Water Rights
2. After several requests, the Department has not allowed us to participate in Negotiations
3. Pechanga Tribal Officials do not Represent the Interests of all Temecula Indians or Temecula Indian Allottees
4. Temecula Indian and Temecula Indian Allottees should be Parties to the Settlement Negotiations and consulted regarding pending Acts of Congress
5. Prior to any action, HR 5413, and other Acts, should be Amended to Reflect the Ownership Interests and Water Rights Due Temecula Indians and Temecula Indian Allottees not represented by Pechanga Tribal Officials
6. The term ‘Tribal Water Right’ should be Amended to Reflect Benefit for Temecula Band and Temecula Indian Allottees
7. Entitlement to Water Shall be Satisfied by the Department of the Interior, the Temecula Band, or the Pechanga Band; and Temecula Indians and/or Temecula Indian Allottees shall not be Subject to the Pechanga Water Code or other Pechanga Band laws
PROTECT OUR TRUST RIGHTS, Director Dutschke.
From the BIA letters, here is where the DOI admits to our water rights:
The Department of the Interior recognizes that allottees have water rights on allotted lands and that the United States has a trust responsibility, independent of any responsibility to the Pechanga Band, to protect those interests.
The Department is currently reviewing the proposed settlement legislation and its effect on allottees within the Reservation.
Please remember that the Hunter family is one of the few original allottees to maintain their land on the reservation. We have homes on the original 20 acres we were allotted in 1895. We were part of the Temecula Band of Luiseno Indians, which somehow disappeared and became the Pechanga Band of Luiseno Indians, which has FEW allottees in the tribe.
Next passage:
Second, while a settlement may contain a provision to the effect that a tribe shall have the right, subject to applicable federal law, to manage, regulate and control the on-reservation use of all of the water rights granted or confirmed by the settlement, it must also require that, within a set period of time following execution of the settlement, the tribe enact a comprehensive water code governing all water rights granted or confirmed by the settlement. OP: A tribe that came into existence 100 years AFTER we got our land would set up a code for water that is OURS and then put us at their mercy? Do you think the tribal council cares about water for allottees, or water for the casino? HINT: Tribal Chair Macarro does not live on the reservation, and rarely VISITS the reservation.
To be effective, the code should contain (a) a process by which any allottee may request and receive an equitable distribution of irrigation water for use on his or her allotted lands; (b) a decision making process that gives the allottee due process of law in deciding on such requests, including a process for appeal and hearing before an impartial judge or tribunal; and (c) a provision that the code does not take effect until the Secretary of the Interior has approved those parts of it, or any subsequent amendments thereto, that address irrigation water use by allottees. OP: Uh, yeah, Amy, we TRIED that with our disenrollment or rather extermination from the tribe. There IS no impartiality when someone who does NOT own land tells you what to do with your land.
Next:
We are aware that the Pechanga Tribal Government presented and discussed with the Tribal membership the Settlement Agreement, allottee rights and a section by section review of the legislation on Septmber 12, 2010.
OP: But were you AWARE that we, the allottees were NOT party to the settlement agreement? WE receive NO notice of the meeting, the presentation. WE were NOT party to the construction of the agreement. Pamela Williams was at a meeting with the tribe, interesting that we were not made aware of it. We have requested meetings with her and haven't heard back. We REQUESTED to be involved!
I. The Department of the Interior and Pechanga Band Failed to Notify Allottees of the Negotiations to Settle Water Rights
2. After several requests, the Department has not allowed us to participate in Negotiations
3. Pechanga Tribal Officials do not Represent the Interests of all Temecula Indians or Temecula Indian Allottees
4. Temecula Indian and Temecula Indian Allottees should be Parties to the Settlement Negotiations and consulted regarding pending Acts of Congress
5. Prior to any action, HR 5413, and other Acts, should be Amended to Reflect the Ownership Interests and Water Rights Due Temecula Indians and Temecula Indian Allottees not represented by Pechanga Tribal Officials
6. The term ‘Tribal Water Right’ should be Amended to Reflect Benefit for Temecula Band and Temecula Indian Allottees
7. Entitlement to Water Shall be Satisfied by the Department of the Interior, the Temecula Band, or the Pechanga Band; and Temecula Indians and/or Temecula Indian Allottees shall not be Subject to the Pechanga Water Code or other Pechanga Band laws
PROTECT OUR TRUST RIGHTS, Director Dutschke.
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