Power at Any Cost: Pala and Pechanga Tribal Chairmen Accused of Disenfranchising Voters to Remain in Control

Robert Smith  PALA

Mark Macarro
Pechanga

Pala Chairman Robert Smith and Pechanga Chairman Mark Macarro have been at the helm of their respective tribes for over two decades, amid numerous allegations of voter disenfranchisement and abuse of power. The two chairmen have maintained a stranglehold on their tribes through a combination of tactics, including the manipulation of tribal elections via the disenrollment of dissident tribal members, and the use of fear and intimidation.

Take a look at the time in office of some well known tyrants

Robert Smith 33 years
Mark Macarro 27 years
Saddam Hussein 24 years
Bashar al-Assad 23 years
Xi Jinping 11 years
Vladimir Putin 11 years
Idi Amin 9 years
Kim Jong Un 7 years

The Pala and Pechanga tribes, both located in Southern California, have become embroiled in a long-standing battle over tribal leadership and governance. At the center of this conflict are Smith and Macarro, who have been accused of using their positions of power to maintain control over their respective tribes and to silence any dissenting voices.

One of the primary tactics used by Smith and Macarro to maintain their power is the manipulation of tribal elections.   In some cases, tribal members have reported being denied the right to vote, or having their votes invalidated.  Disenrollments happened just prior to tribal elections.

The disenrollment of dissident tribal members is another tactic used by Smith and Macarro to maintain control over their tribes. In both the Pala and Pechanga tribes, tribal members who have spoken out against the chairmen or challenged their authority have been targeted for disenrollment. This practice has resulted in the removal of hundreds of Pala and Pechanga tribal members from their respective tribes, stripping them of their rights and privileges as tribal members.

Smith and Macarro have also been accused of using fear and intimidation to silence dissenting voices within their tribes. Tribal members who have spoken out against the chairmen or challenged their authority have reported receiving threats and harassment, and have even been physically threatened.

Despite the numerous allegations of voter disenfranchisement and abuse of power, Smith and Macarro have managed to stay in power for well over two decades. This is due in part to their close ties to the Bureau of Indian Affairs (BIA), which has been criticized for its inaction in response to allegations of voter disenfranchisement and other abuses of power within tribal governments.

The continued reign of Smith and Macarro has had a devastating impact on the Pala and Pechanga tribes, as well as on individual tribal members who have been disenfranchised and abused by their leaders. It is time for the BIA and other government agencies to take action and hold these chairmen accountable for their actions, and to ensure that the rights of all tribal members are protected and respected as provided for in tribal constitutions.

The stories of Pala Chairman Robert Smith and Pechanga Chairman Mark Macarro are just two examples of the many instances of voter disenfranchisement and abuse of power that have plagued Native American communities across the country.

It is time for the federal government to take action to investigate and prosecute these violations of basic rights, and to ensure that the voices of all tribal members are heard and respected.

Pala Chairman Smith: Violations of the 14th Amendment In Pala Disenrollments? Who NEEDS Equal Protection, Right?

We see this in a lot of tribes that are looking to get rid of families to control votes, increase per capita and to inhibit discovery of corruption.  Take a look at the examples of how PALA rules are applied to SOME, but not ALL.  

2012 29 Mar RSmith to All Adult Members of Pala Band of Mission Indians.

Why Won’t Robert Smith Examine the Rest of the 1928 California Indian Judgment Roll Applications to determine Degree of Indian Blood?

Here are a few examples of 1928 Apps. If Robert Smith was to use his policy of unknown as non-Indian then all of the descendants of these Applicants would have to have their blood degree adjusted with most of them being disenrolled. So why did Robert Smith choose to only examine the blood degree of Margarita Britten and no other families? Here is a sampling of 1928 Applications of Pala residents. Attached is Robert Smith’s policy so you be the judge. It would truly appear that Robert Smith willfully and with malice decided to attack the heritage of the Britten family while ignoring similar evidence of other families to include his own.

App. 1089 Celsa Moro Apapas - I do not know who my father’s parents were. Page 4. So her father has to be non-Indian and therefore Celsa Moro Apapas is ½ Indian. 1913 Allotment Roll listed as 4/4ths Indian Indian.
App. 1090 Claudia Apapas - Daughter of Celsa Moro Apapas. Record shows that her grandparents had the same mother different fathers but that they were brother and sister. Page 4. Grandparents were Cahuilla so total Cupeño blood is ¼. 1913 Allotment Roll listed as 4/4ths Indian.
App. 1091 George Apapas - Grandparents Cahuilla. Mother Celsa Moro Apapas so George Apapas is ¼ Cupeño. 1913 Allotment Roll listed as 4/4ths Indian.
App 1092 James Apapas - Same as Apps 1090 and 1091. ¼ Cupeño Indian. 1913 Allotment Roll listed as 4/4ths Indian.

Pala's Robert Smith Eradicates CUPENO INDIANS Who Get NO JUSTICE from their 1903 Trail of Tears

ACEE AGOYO of INDIANZ has the FULL STORY   Robert Smith of Pala eradicated the Cupeno Indians...but only from the Pala band via disenrollment.  They are FIGHTING BACK.

The tribe's unique history had long been reflected in how it appeared on the BIA's annually-published list: as the "Pala Band of Luiseño Mission Indians of the Pala Reservation, California." With the Cupeño descendants largely out of the picture, though, there was no need to remind everyone of the distinct communities on the reservation. Starting in 2016, as the last of the anti-disenrollment lawsuits was defeated in the federal courts, the tribe became simply known as the "Pala Band of Mission Indians."

BACKGROUND for PALA Disenrollment/Injustice

Pala Casino REPLACES CEO Amid Fierce Competition In San Diego

 The Pala Band of Mission Indians, a tribe that exterminated Indians via disenrollment, is struggling at their casino.   Karma?  San Diego UT has the story.

Pala Casino Spa & Resort, has replaced its CEO.  In March, former CEO Bill Bembenek acknowledged to the Union -Tribune that an unspecified number of layoffs — coming amid its planned $170 million expansion — was due in part to the economic pressures from “an increasingly competitive Southern California casino resort market.”

King Freeman, Vaunted Pala Elder and Former Tribal Chairman, WALKS ON

Sad News from the Pala Reservation.

Former Pala Band of Luiseno Indians' Chairman King Freeman has passed away.

King Freeman was a leader.  He worked to right the injustice of disenrollment at Pala over over 150 members, one he claimed was a personal dispute erupting into collateral damage at the hands of the current chairman of Pala, the porcine Robert Smith.  He was the owner of the PALA store for decades.

Our condolences to his family, his tribe and the many people he touched in his long life..... Learn more here from King Freeman's OWN WORDS

PALA Tribe DOES NOT WANT HOMES Near It's CASINO. SOVEREIGNTY Goes BOTH WAYS

Isn't this rich? 

Porcine Pala Chairman Robert Smith's tribe, wants to tell a sovereign nation what to do, but remember when HE didn't need to produce evidence on disenrollment because PALA was sovereign?

Late this summer, a proposal to build 780 homes just north of state Route 76 and across the highway from the Pala Casino Resort & Spa will go before county planners and ultimately the Board of Supervisors or approval.

The developer, Ali Shapouri, has been working on the plans for his Warner Ranch project for 13 years and bases almost everything on a single concept — that thousands of casino and resort workers in North County (Pala, Pauma, Rincon, Valley View) drive great distances between their work and their homes.

But Pala is an Indian reservation and is technically a sovereign nation.

No Honest Elections At Pala Say Some Britten Descendents: Does Robert Smith Conduct SELECTIONS vs. ELECTIONS?

I occasionally post some information that aggrieved tribal members would like people to know. 

In this case, it's about the voting, which could be unconstitutional.  Again, the BIA should have some involvement in protecting the rights of tribal members.

THIS YEAR WILL MARK THE 25TH ANNUAL S/ELECTIONS OF THE PALA BAND OF MISSION INDIANS

There has not been an honest election at Pala since Robert Smith took control of the Pala Band of Mission Indians (PBMI). Instead of elections Robert Smith conducts selections. He picks and chooses who he wants to serve as his Executive Committee.

The process of choosing a Selection Committee is in itself flawed. Nominations for the Selection Committee are taken then each person is voted on in a single vote. The Selection Committee is then chosen by descending vote rather than popular vote. It is possible for a person receiving as little as 4 votes to serve on the Selection Committee. As long as the lowest vote getter is in the top 5 they are considered elected to the Selection Committee.

There are so many ways to cheat in the Pala Elections it makes it easy to see that the Elections have transformed into Selections. Most of all it is easy to see that many of the Selection Committee members are easily corrupted. Some have been rewarded with golf jaunts. One in particular was documented with photographic evidence of a trip to Carmel on the Tribe’s NetJet.

So powerful is the Selection Committee (those chosen by Robert Smith) that one Selection Committee chairman was given the position after he covered up Robert Smith’s disgraceful action of urinating in one of the hallways at the Pala Casino. The video tape of the event was destroyed and the other security person that was witness to the event was fired from her job. That witness did provide several tribal members with a signed affidavit attesting to the event.

After the event, the other security officer, a member of PBMI, was publicly promised that he would be rewarded by being selected as the next chairman of the Selection Committee.

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!

AMY DUTSCHKE

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:

Response to Pala's Purported Attorney, Who Threatened Agua Caliente (Pala) People

UPDATE:  Word from Pala that Sara Setshwaelo HAS NOT RESPONDED to the request for PROOF she is the PALA ATTORNEY.

DISENROLLMENT = STOLEN Tribal Heritage/Citizenship by Corrupt Tribal Leaders

Our govt needs to do its job and stand up for the weak and defenseless in Indian Country. Exercising moral outrage against tribal disenrollment includes:

1. Eliminate funding for tribes who violate the rights of their people.
2. No longer take land into trust for abusive tribes
3. Place enforcement actions into the Indian Civil Rights Act
4. Publicly expose the tribes who have harmed 11,000 Natives

Tribes have a right to do wrong, but they shouldn’t be supported by our politicians when they do.

I find it disconcerting that in all the years we have had mass terminations of tribal citizenships, no politician has stood up for those Indians who have been harmed by their tribe.  (See:  Like Being Raped and Going to your Rapist for Justice)

When you give it a cute moniker like “disenrollment”, it takes on the context of, say, losing your membership in the P. T. A. or the Kiwanis. And that makes it simpler for a politician to take tribal money and with the phrase, “tribes can choose their own membership” they can avoid taking a closer look at what it really entails.

Tour Bus Coming From PALA CASINO, Owned by Tribe That Harmed their OWN PEOPLE CRASHES with Multiple INJURIES

BREAKING:   A tour bus apparently going from Pala casino to Westminster has overturned, injuring 20. Developing and Details coming.

UPDATE:  CHP TRAFFIC labels it as FATALITY

UPDATE:  THERE ARE TWO TOUR BUS CRASHES.  There was one on the 15 fwy, just south of the 91 that overturned, reportedly taking passengers home from Pala Casino to Westminster.  A SECOND crash is near the Pala Casino and the 15/76 With a Fatality.  Stay Tuned.

UPDATE:  Crash one on N15 in Corona has had at least 20 transported to the hospital for injuries.

UPDATE: The Southern Crash site is reportedly from a tour bus coming from the VALLEY VIEW CASINO:  One person died, six were seriously injured and 13 others suffered minor injuries when a Valley View Casino tour bus overturned on south Interstate 15 just south of state Route 76 near Bonsall Thursday afternoon, authorities said.

Robert Smith's Pala Tribe Accused of Destroying Private Property and Claiming TRUST LAND as their own.

KUSI's TURKO files have a story on the Pala Band of Indians claiming trust land as their own.    Turko says the fence isn't the only problem and that the Indians are accused of trying to take over public land.

The Pala Tribe says they'll pay to repair any damage they caused to the neighbors land. But they also claim they own the trust land outright as sovereign territory. Even though county officials and land use experts say that's just not so.


See the VIDEO HERE

Appeal Filed in the Pala Disenrollment of 154 Tribal Members. WAS IT LEGAL? Was it RIGHT

Should tribe's be forced to follow their own constitutions?  One of the questions asked:

Does tribal sovereign immunity extend to Defendants who were incapable of acting in their official capacity because certain of them had criminal convictions and were barred by the tribal constitution from serving as tribal officials?

Plaintiffs are Native American Indians of different ancestral lineage within Pala who posed a threat to Defendants because they constituted a large voting block of Cupeños within Pala and sought accountability and transparency from 
Defendants with respect to the Tribe’s financial dealings and other matters. The friction between Plaintiffs and Defendants escalated after one of Plaintiffs’ family members, King Freeman, circulated a petition for a special meeting to discuss the removal of one of the Defendants from office for engaging in criminal misconduct and violating his parole. Thereafter, in retaliation, Defendants disenrolled Freeman’s three children and five of his other relatives, on the grounds that they 
did not have sufficient Pala Indian blood to be members of the Tribe because their 
ancestor, Margarita Britten, was not a full-blooded Pala Indian. 
Before 
disenrolling them, however, Defendants cleverly ensured that these disenrollees would not be able to seek recourse from tribal courts by withdrawing Pala from the Intertribal Court of Southern California. Six of the Plaintiffs are among these eight disenrollees. 


Read these links for more on Pala:

Pala dispute
Pala disenrolled 162 members
Pala Disenrolls families
Pala disenrollments led to hardship
PALA WATCH
DESPICABLE ROBERT SMITH
READ THE REST of Pals’s Big Gamble

Tribal Sovereignty in A NUTSHELL to Corrupt Pala Tribal Chairman ROBERT SMITH

When asked WHY he wouldn't produce the evidence against the Brittain family on their disenrollment:

CAUSE WE DON'T HAVE TO.

Corrupt and Vindictive Pala Chairman Robert Smith Responds to Article on Pala's Shameful Acts

Thanks to our friends at PALA WATCH      we have a letter from the DESPICABLE ROBERT SMITH seeking to correct the story in a recent article in the San Diego Reader. See the link for the REAL details of the Brittain family. Apparently, the rotund Smith isn't paying attention. br />
Attention to Detail

Determining who is and is not a member of an Indian tribe is a decision that requires meticulous attention to detail. That is why it is critical for me to correct several major inaccuracies in the June 6 cover article, “Can You Find the Big Secret in this Casino?”

Decisions regarding tribal membership are always difficult. The individuals who are disenrolled are relatives, friends, and neighbors who we have all grown up with.

As new facts are discovered about key events in the tribe’s history, there are consequences in today’s world. It is unfortunate that mistakes were made a long time ago. But those who blame other people for these mistakes are ignoring the facts. You would not perpetuate a mistake simply because everyone has become accustomed to it, and the Tribal Council has a duty to correct these mistakes.

The most important factual errors in the recent article concern Margarita Brittain, and the blood quantum to be a Pala member. Brittain was not six or seven years old in 1903; she was 46 or 47. Additionally, the blood requirement to receive a land allotment in 1913 for any Native American was 50 percent. This was determined by the federal government, not by the Pala tribe. The blood quantum to enroll as a Pala member was not even established until the 1960s.

The other critical mistake is the characterization of the relationship between disenrollments and per capita distribution. The article incorrectly asserts that because some tribal members were disenrolled that other tribal members will see increases in per capita distribution.

The Pala Tribe follows strict guidelines in the Indian Gaming Regulatory Act (IGRA) that designate the way the tribal government uses funds. It is irresponsible to suggest that this was the motivation for the Tribal Council’s actions, and only perpetuates the misstatements of those who are ignoring the truth.

Additionally, the Pala General Store was not established in 1867. There was a Pala General Store established in 1897, but it was not owned or operated by the Freeman family. The Pala store that exists today was established much later.

Also, there are nearly 1,000 members of the Pala Tribe, not 800.

There are also several statements that mischaracterize the realities of the situation. The author’s characterization of the Pala casino as a “garish” contrast to the rest of the reservation is misleading. During the past twelve years, we have made many modern improvements. We have a tribal housing program that has constructed beautiful homes for members.

We take pride in caring for our reservation, which includes maintaining our ten-year-old — not brand-new — administration complex.

We have enhanced our tribal cemetery with ornamental fencing and a veterans memorial. The Pala Mission cemetery is equally well-cared for — not overrun with wildflowers. The white picket fence described in the article does not even exist, as the cemetery is surrounded by a stone and concrete wall.

While these corrections might seem like quibbles, how can the reader trust the accuracy of the reporting when such easily verifiable details are reported so inaccurately?

Finally, as it relates to revenge threats against members of the Tribal Council, the threats are real and could easily be found if the editor had thought to verify the information. Despite the threats, no one has hired armed security guards to follow anyone around.

I only correct these details because, as I mentioned, the determination of tribal membership requires great attention to detail, and complete accuracy. Things that seem like minor mistakes have significant consequences down the road. I urge the San Diego Reader and its readers to strive for this same standard.

Robert Smith
Chairman, Pala Band of Mission Indians


READ Pals’s Big Gamble

Pala Tribal Chairman Smith Online Gaming: NOT SO FAST Why Should We Respect The Opinion of a Man Who's Led a Jihad on His Own People?

Well known as the man who led the expulsion of 164 members of his tribe, Pala Chairman Robert Smith tries to tell Californians what to do.   See if he'd accept Californian's telling HIS TRIBE what to do.

Preserving sovereignty and maintaining our commitment to California’s voters should be the first priority when discussing online gaming — an issue that continues to raise its head in both the state Legislature and in Congress.

Remember, CA is a sovereign state too.  Tribes can preserve sovereignty too, but if they want a part of Internet Gaming, they should prepare to lose either sovereignty, or onling gaming rights.

Creating an opportunity for businesses to operate poker, slot machines and other Class 3 gaming online has been an issue for several years because corporations large and small smell the potential payday that could follow. But we cannot be shortsighted with regard to opening up this industry. We must methodically develop and implement public policy that is smart, thoughtful and well-researched.

In addition to the legal and logistical issues regarding player protections and integrity involved in online gaming, questions swirl around the mechanics and impacts of the online industry. Questions like who will be licensed to provide the games? Which games should be included? What will be the impacts on brick and mortar casinos? What impacts will California’s social service programs feel, given that state set-asides from casinos currently fund a number of state programs that serve poor children and the elderly?

Player protections?  Do we even KNOW what the payouts are at tribal casinos?  There are no player or employee protection from smoke filled casinos either.  Smith didn't consider the impact on social services when he eliminated tribal members did he?

For years, Indian Country has raised grave concerns about online gaming. On its face, it violates compacts tribes have with the state, it is contrary to voter-approved constitutional measures that limit gaming, and it creates a direct threat to tribal sovereignty by undermining the revenue source that funds tribal operations and social services.   OP:  The direct threat to tribal sovereignty does NOT depend on gaming.  If Smith was so concerned about sovereignty threat, he'd be pushing for EVERY tribe in CA to have gaming, but he isn't, he's worried about his own tribal business.

But in today’s environment, several states — most of which do not have a tribal presence — are desperately cobbling together laws that will open the doors to online gaming, thereby creating pressure on California to create reciprocal agreements with those licensees to provide an online presence.

And in response, a number of legislative proposals have been floated. But none of those proposals have sufficiently answered the basic questions regarding player protections and integrity, much less gaming mechanics and impacts on Native Americans.

As such, it has become abundantly clear that the only way California is going to see meaningful consensus on rational Internet gaming legislation that is respectful of tribal issues is to develop a proposal ourselves, as a collaborative of individual tribes with common interests.

To that end, eight California tribes, including the California Tribal Business Alliance’s member tribes — Pala Band of Luiseño Indians, Paskenta Band of Nomlaki Indians, Lytton Rancheria — recently circulated a draft copy of the Internet Poker Consumer Protection Act 2013 to tribal leaders throughout the state, requesting feedback on the language.

The language begins to spell out what provisions and protections California tribes are looking for, including strong controls, tight regulations, and provisions that protect our people.

For tribes, online gaming is a high-stakes discussion because of the huge impacts it could have on Indian Country. Native American casinos are uniquely responsible for providing the revenues that sustain many tribes — providing jobs, health care and housing in a manner that protects our sovereignty and promotes self-reliance.

By recklessly establishing an online gaming capacity in California that has not been measured against brick and mortar enterprises, tribal leaders are concerned livelihoods will be threatened. We believe a collaborative approach is the right way to go. But until a consensus is reached, it is imperative that legislators push for methodical, smart, well-researched gaming bills that will promote a prosperous California in the long-term.

Robert Smith is chairman of the California Tribal Business Alliance (THREE TRIBES!) and chair of the Pala Band of Luiseño Indians.  He deserves to be treated with scorn and derision, not respect.

Learn MORE about they type of tribe Robert Smith runs:

Pala Disenrollments
 Pala dispute
 Pala Disenrolls families

OPEN LETTER TO: PALA GENERAL COUNCIL Details Lawsuit Against Pala's Executive Committee

An Open Letter to the Pala General Council

According to reports from those who attended, the matter of lawsuits filed against the tribe was on the agenda of the General Council meeting on April 10,2013. The disenrollees want you to know that none of the lawsuits name the tribe as a defendant. We know that the Pala Executive Committee is responsible for disenrolling us, and that is why we are suing them and not the tribe.

These lawsuits were filed in order to present evidence in federal court that the disenrollments were illegal, and that the Executive Committee exceeded their authority. The BIA and the Department of the Interior are the defendants in the Thor Emblem case (Aguayo vs. Salazar). The members of the Pala Executive Committee are the defendants in the Elizabeth Lin case (Allen vs. Robert Smith). The lawsuits are a matter of public record, and anyone who wants to see who the defendants are in these cases can look it up on the Internet at: http://dockets.justia.com. The case against the BIA can be searched under “Aguayo vs. Salazar”, and the case against the Pala Executive Committee can be searched under “Allen vs. Robert Smith.”

Since the tribe is not named in any of the legal actions, the tribe is not required to pay the legal expenses. The reason why the tribe is paying the legal fees of the Executive Committee members is because Robert Smith and the Executive Committee decided to use the tribe’s money instead of their own money. This decision was made without consulting the General Council. It is a routine practice for the Executive Committee to act without notifying the General Council when they use tribal funds for their personal business. If politicians do this in city, county, state, or federal governments, it is called misappropriation of funds and is considered illegal and unethical. In Pala it is business as usual.

Keep in mind that there would be no legal expenses and no lawsuits if we hadn’t been illegally disenrolled. Robert Smith wants to blame us for the problems he created, but he is trying to deceive the General Council. He lied about Margarita Brittain’s blood degree. He lied about the disenrollees failing to file their appeals on time. He lied about the evidence he supposedly has. Now he lies about the lawsuits. At least he is consistent.

Per-capita was supposed to go up because of disenrollment, but instead it’s used to pay for legal fees, personal bodyguards, hi-tech security, a hideout at the Pala Casino Hotel, a book of lies to pass out to tribal members, and all the other costs of keeping legitimate members out of the tribe. Your Chairman and his lackeys will never admit that it is their fault that they are involved in lawsuits. They won’t tell you that the price tag will keep going up, and that more and more tribal money will be spent to keep out people who can prove they belong. Instead they will cut per-capita or disenroll more members to raise money to cover the ever-growing costs. Just to be clear, the lawsuits could be settled simply and easily by reinstating the disenrollees. Then the legal expenses would no longer be a drain on the tribe, and there would be no more arguments about disenrollment.

There is a rumor that the Casino business has been poor the last three months and that per-capita may be reduced. This points to a serious problem at Pala with the management of Casino revenue. Robert Smith can blame the disenrollees all he wants, but he is the one who controls the finances. If there are money problems the General Council should be asking Robert Smith and Theresa Nieto hard questions about how much money there is and how it is being spent. Ignore the lies about the costs of disenrollment, and get the details about the finances. 

In the meantime we hope that you will see that we are honest and sincere. We don’t have to lie because we have done nothing wrong. We belong and we can prove it. Perhaps instead of listening to more lies from Robert Smith, the General Council will allow us to present our proof and see how the Pala Executive Committee has deceived them. Until then we will continue to fight it out in court. 


OP:  We are proud to stand with the Pala people, all of them, including those who have been harmed by the actions of Robert Smith and the Executive Committee.  Be sure to take a look at  http://palawatch.com

Setback for Pala Disenrolled Members; Robert Smith's Corruption Stands

Erick Rhoan of the estimable blog
Notes on Indian Law has the details of the failure to obtain justice for those involved in the Pala Disenrollments The disenrolled Pala people have a blog: PALA WATCH

 The Southern District of California dismissed an action by several disenrolled members of the Pala Indian tribe in Allen v. Smith ).  The tribal defendants filed a motion to dismiss on the basis of sovereign immunity, as is typical in these membership actions.  What sets this decision apart from your garden variety disenrollment dismissal is the first apparent decision regarding the individual/official capacity distinction that was referenced in this opinion.  And for that, we need to back up and explain things a little.

The Maxwell Decision

This time, plaintiffs attempted to make use of a new 9th Circuit case, Maxwell v. County of San Diego (link to Ninth Circuit for published opinion) to sue tribal officers in their individual capacity rather than the tribe itself.  In most sovereign immunity cases involving state and local governments, when a public officer is sued it makes a difference whether that person is sued in their individual or official capacity.  To keep it brief, official capacity suits are no different than suing the sovereign entity itself because if the plaintiff wins, then the money is paid by the entity.  However, when officials are sued in their official capacity, they are entitled to assert sovereign immunity as a defense to the plaintiff’s claim so long as they can show they were operating within the scope of their official authority.  Individual suits, on the other hand, target only the public official for his own actions and do not seek relief from the entity, but from the individual.

In Maxwell, family members of a shooting victim brought an action in federal court against a tribal fire department and its paramedics, alleging that the individual paramedics unreasonably delayed in obtaining medical treatment for the victim.  The paramedics asserted tribal sovereign immunity because they were operating under a public safety cooperative agreement which expressly reserved the tribe’s immunity in case of suit.  However, that did not work out for the paramedics because the Ninth Circuit held that a remedy against the paramedics would have operated against them individually and not the tribe.  The paramedics themselves would be paying the plaintiffs’ damages, not the tribe (indemnity agreements notwithstanding); therefore, as persons sued in their individual capacity, the paramedics could not assert sovereign immunity as a defense.

Read more at: Pala Disenrollments by ROBERT SMITH

Here are MORE links to the PALA ISSUE:

Pala disenrolled 162 members

Corruption at Pala Reservation

Pala disenrollments

UPDATE: BIA Determines Eight Disenrolled From PALA Should be Re-instated

UPDATE: This is the determination that Pala Chairman Robert Smiths said was INVALID. He claimed the BIA spoke out of BOTH sided of their mouth, which most of us thinks is impossible, as the BIA usually has it's head up its.... uh, its head in the sand Great news today from the Bureau of Indian Affairs.  Although they have been sorely lacking at the Picayune Rancheria, they have come out with a recommedation for the Pala Band of Luiseno Indians.  Let's see how Robert Smith handles this situation.   They have been asked to give recommendations on the disenrollmentsof eight members of the Pala Band.

Here is the determination (click to enlarge):

"OUR RECOMMENDATION is to change its disenrollment decision of the eight individuals and to have them remain on the tribal membership roll of the Pala Band of Mission Indians."   ...as it has been proven that they possess the required degree of Indian blood.

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.

Is VIOLENCE the ONLY Way to Get the BIA involved in Tribal Disputes?

It’s disconcerting to look to the Bureau of Indian Affairs for help in tribal disputes, including disenrollments..  Many times, we hear them say “we can’t help” or “it’s an internal matter”.   We saw this to be the case in the recent upheaval that the Chukchansi Resort and Casino.

Take a look at the progression of quotes from Troy Burdick, the BIA’s Central California Superintendant:

2/26/21012

The Chukchansi tribal government was formed under rules that, Burdick says, keep federal authorities from stepping in -- even though the BIA has intervened twice in Chukchansi election issues since 1992.

OP:  Mr. Burdick blames ‘the rules’.   

Read Story Here

2/27/2012

Reached Monday evening, Troy Burdick, the BIA's Central California Agency superintendent in Sacramento, said, "I'm sure there is something we can do to resolve this. We are going to try to do what we can. I don't want to say anything to make it any worse."

OP:  Apparently the rules had changed in ONE day from not being able to step in to.. “I’m sure there’s something we can do.

Read Story for BIA quote here

So the question is WHAT changed?   Was it the violence?   Is the BIA saying that they will step in when there is violence involved?    Is that NOW a course of action at San Pascual and Pala?

RELATED STORIES

Read this editorial in the Fresno Bee
More on San Pascual
Read this NCTIMES story on Pala