The worthless Pacific Regional Bureau of Indian Affairs Continues to disappoint:
Robinson Rancheria announced Thursday that the Pacific Regional Director of the Bureau of Indian Affairs has upheld the disenrollment of 45 people who were improperly enrolled as members of the tribe.
"The federal government has long recognized that a tribe's right to define its own membership is central to its existence and must be dealt with internally," Tribal Chair Tracey Avila said. "The regional director was right to leave this matter to the tribe. In upholding the Tribal Council's decision to disenroll the 45 people, the regional director also recognized that the disenrollment process was done fairly and in accordance with the requirements of both tribal and federal law. The tribe provided those who were disenrolled with due process by giving them notice of the disenrollment and an opportunity to challenge the decision."
The disenrollment of the former tribal members resulted from the discovery by the Tribal Council in 2008 that a provision added to the tribe's enrollment ordinance in 1982 expanded the criteria for tribal membership beyond that permitted by the tribe's constitution. The Tribal Council struck down that provision and notified people who were enrolled under the unconstitutional provision that they had to demonstrate that they were eligible to be members of the tribe under the criteria set forth in the tribe's constitution. The Tribal Council held hearings on the disenrollment at which the people subject to disenrollment
were permitted to demonstrate that they were eligible for enrollment under the tribe's constitution. Most of the people subject to disenrollment did not attend the hearings. A number of people who presented evidence that they were eligible for enrollment were successful and remain members of the tribe. Forty-five of the people who were disenrolled appealed the Tribal Council's action to the regional director. On April 9 the regional director denied the appeals.
Showing posts with label disenrollment; Tribal Corruption; civil rights. Show all posts
Showing posts with label disenrollment; Tribal Corruption; civil rights. Show all posts
Monday, April 19, 2010
Friday, January 8, 2010
Pechanga Indian Removal Case: Dissenting Opinion in Jeffredo v Macarro Decision Gets it Right
In a previous post U.S. 9th Circuit Court of Appeals Rejects... we wrote that it was rare to have the dissenting opinion published. Well, we have that for you here. We have bolded many of the pertinent portions where the dissenting judge points out the obvious to those justices that apparently too the "blind" portion of the justice is blind too seriously. Take a look.
Dissenting Opinion Jeffredo v Macarro
Dissenting Opinion Jeffredo v Macarro
Tuesday, December 8, 2009
Ken Salazar, Eric Holder Announce Settlement in Cobell Case of $1.4 BILLION
Want to bet that tribal leaders RIGHT NOW are trying to figure out how to get THEIR sticky fingers on this money and keep individuals that should benefit from this case from doing just that? Look at the Cherokee Nation of Oklahoma and their leader Chad Smith. He is keeping MILLIONS of Dollars away from the Cherokee people.
Thank you to Eloise Cobell for sticking with this case.
After more than a decade of litigation, U.S. officials announced today that the federal government has agreed to pay $1.4 billion to settle claims that it grossly mismanaged Indian trust accounts.
The potential settlement, which must still be approved by Congress and the courts, would bring a close to the long-running Cobell Indian trust case, and would result in payments to roughly 300,000 individual Indian trust accounts. It would also create a program to consolidate ownership of Indian trust lands.
The class action, brought in 1996 by Elouise Cobell, alleged that the Interior Department had been failing for more than a century to properly disburse payments from a trust fund set up to manage revenues from Indian land. Cobell had originally sought $58 billion in the case, but last year, Judge James Robertson of the U.S. District Court for the District of Columbia said the government was only liable for $455.6 million.
The settlement was announced on Dec. 8 at a joint press conference with Interior Secretary Ken Salazar and Justice Department officials. Attorney General Eric Holder Jr. urged Congress to act quickly to approve the settlement. “Between the settlement and the trust reform measures that the secretary is announcing today, this administration is taking concrete steps to redefine the government’s relationship with Native Americans,” Holder said
Thank you to Eloise Cobell for sticking with this case.
After more than a decade of litigation, U.S. officials announced today that the federal government has agreed to pay $1.4 billion to settle claims that it grossly mismanaged Indian trust accounts.
The potential settlement, which must still be approved by Congress and the courts, would bring a close to the long-running Cobell Indian trust case, and would result in payments to roughly 300,000 individual Indian trust accounts. It would also create a program to consolidate ownership of Indian trust lands.
The class action, brought in 1996 by Elouise Cobell, alleged that the Interior Department had been failing for more than a century to properly disburse payments from a trust fund set up to manage revenues from Indian land. Cobell had originally sought $58 billion in the case, but last year, Judge James Robertson of the U.S. District Court for the District of Columbia said the government was only liable for $455.6 million.
The settlement was announced on Dec. 8 at a joint press conference with Interior Secretary Ken Salazar and Justice Department officials. Attorney General Eric Holder Jr. urged Congress to act quickly to approve the settlement. “Between the settlement and the trust reform measures that the secretary is announcing today, this administration is taking concrete steps to redefine the government’s relationship with Native Americans,” Holder said
Monday, March 9, 2009
Small Protest by Dry Creek Pomo Indians over disenrollment of over 20% of Tribe
A small group of Dry Creek Pomo Indians protested the disenrollment of six dozen of their family and friends Sunday at the entrance to the tribe’s cash cow, the River Rock Casino.
With signs reading Corruption+Greed=Disenrollment and No Disenrolling for Dollars, the group quietly engaged passersby and those dropping off their cars for valet parking.
Casino management sent an emissary outside who is related to some of the protesters to tell them they wouldn’t be kicked off tribal property if they didn’t obstruct anyone or disrupt traffic. He declined to comment and refused to give his name.
The peaceful protest was the latest turn in a contentious fight for leadership of the Dry Creek Rancheria Band of Pomo Indians, whose members receive $600 monthly checks from casino disbursements and other benefits of tribal enrollment.
Tribal Chairman Harvey Hopkins and the governing board voted in January to remove the names of 73 adults and 70 children from the rolls of the 565-member tribe. Elections in December were cancelled and infighting between Hopkins and other board members led to recall efforts started then abruptly cancelled – between leaders.
Protest leader Ross Cunningham of San Francisco, who was told he will be disenrolled, said the leaders are ignoring what tribe members want.
“Our board is valuing this casino rather than our members, he said.
The tribe’s casino in Alexander Valley posted $32.3 million in revenue for the third quarter that ended Sept. 30.
Alexis Elgin said she was told she will be removed from tribal membership, and then was fired from her casino job after presenting Hopkins with a petition against the disenrollment.
She said she was given the run-around when she went to tribal headquarters to view an audit that supposedly shows she doesn’t qualify as a member.
Contention about membership in California tribes often surfaces during election times. To be members of Dry Creek, people must show they are descended from those who were in a census when the rancheria was established in 1915 and cannot have been enrolled in another tribe in the past.
But some members have parents of different tribes and may have been affiliated with another tribe as children. And some members moved onto the rancheria after the census.
Jill Chavez of Hawaii, visiting the casino as part of a friend’s 50th anniversary celebration, supported the protesters’ demands.
“Oh, I hope you win,” she told them after asking what disenrollment meant. There is a lot of greed and corruption.
Only a half dozen protesters took part Sunday, claiming more didn’t attend because they are scared they may be targeted for disenrollment. Organizers of the protest issued several demands in a press release:
They want a general membership meeting and a board election within two weeks; a moratorium on disenrollment proceedings until after elections; and that board salaries be suspended until after elections.
Tribal board members couldn’t be reached for comment Sunday on the protesters demands.
Protesters said disenrollment is being used as a tool to oust opponents from the tribe, like Angelina Manuel, who said her home used to be on the corner where tour buses now park.
“Eighty percent of tribe members want to stop disenrollment, she said. “But they don’t listen. It’s like we don’t have any say anymore.
With signs reading Corruption+Greed=Disenrollment and No Disenrolling for Dollars, the group quietly engaged passersby and those dropping off their cars for valet parking.
Casino management sent an emissary outside who is related to some of the protesters to tell them they wouldn’t be kicked off tribal property if they didn’t obstruct anyone or disrupt traffic. He declined to comment and refused to give his name.
The peaceful protest was the latest turn in a contentious fight for leadership of the Dry Creek Rancheria Band of Pomo Indians, whose members receive $600 monthly checks from casino disbursements and other benefits of tribal enrollment.
Tribal Chairman Harvey Hopkins and the governing board voted in January to remove the names of 73 adults and 70 children from the rolls of the 565-member tribe. Elections in December were cancelled and infighting between Hopkins and other board members led to recall efforts started then abruptly cancelled – between leaders.
Protest leader Ross Cunningham of San Francisco, who was told he will be disenrolled, said the leaders are ignoring what tribe members want.
“Our board is valuing this casino rather than our members, he said.
The tribe’s casino in Alexander Valley posted $32.3 million in revenue for the third quarter that ended Sept. 30.
Alexis Elgin said she was told she will be removed from tribal membership, and then was fired from her casino job after presenting Hopkins with a petition against the disenrollment.
She said she was given the run-around when she went to tribal headquarters to view an audit that supposedly shows she doesn’t qualify as a member.
Contention about membership in California tribes often surfaces during election times. To be members of Dry Creek, people must show they are descended from those who were in a census when the rancheria was established in 1915 and cannot have been enrolled in another tribe in the past.
But some members have parents of different tribes and may have been affiliated with another tribe as children. And some members moved onto the rancheria after the census.
Jill Chavez of Hawaii, visiting the casino as part of a friend’s 50th anniversary celebration, supported the protesters’ demands.
“Oh, I hope you win,” she told them after asking what disenrollment meant. There is a lot of greed and corruption.
Only a half dozen protesters took part Sunday, claiming more didn’t attend because they are scared they may be targeted for disenrollment. Organizers of the protest issued several demands in a press release:
They want a general membership meeting and a board election within two weeks; a moratorium on disenrollment proceedings until after elections; and that board salaries be suspended until after elections.
Tribal board members couldn’t be reached for comment Sunday on the protesters demands.
Protesters said disenrollment is being used as a tool to oust opponents from the tribe, like Angelina Manuel, who said her home used to be on the corner where tour buses now park.
“Eighty percent of tribe members want to stop disenrollment, she said. “But they don’t listen. It’s like we don’t have any say anymore.
Wednesday, December 17, 2008
TRIBAL DISENROLLMENT: Robinson Rancheria Moves Forward with Disenrollments
ROBINSON RANCHERIA – Lake County News
Late last week, certified letters that dozens of Robinson Rancheria Band of Pomo tribal members were dreading began to arrive.
Sent out to several dozen Pomo, the envelopes contained resolutions for each person, passed in a 3-0 vote held by the Robinson Rancheria Citizens Business Council on Dec. 5, informing them that they had been disenrolled from the tribe and their names removed from its rolls.
The resolutions were signed by Tribal Chair Tracey Avila and Secretary-Treasurer Kim Fernandez on Dec. 10.
Avila had previously told Lake County News that 60 of Robinson's 347 tribal members had been under consideration for disenrollment.
On Tuesday, she said six people had proved their lineage and so were allowed to retain their tribal membership, while several more had asked for special consideration to be able to secure documents proving their lineal descent from tribal members on the tribe's original rolls.
EJ Crandell, who was elected tribal chair in June in an election that was decertified by the tribe's election committee, has asserted that as many as 74 tribal members faced disenrollment, and supplied Lake County News with a list of about 50 names of people who he said had confirmed receiving the disenrollment resolution.
Crandell's wife's family was among those disenrolled. He said he's concerned that he and his immediate family may be next.
Gone for the people receiving the resolutions are free access to the rancheria, health care services, food services for homebound seniors, pensions and per capita payments funded by Robinson Rancheria Resort and Casino. Some were fired from jobs before the disenrollment resolutions were approved, which Crandell and other tribal members critical of the council said were retaliatory actions. Avila denied that, saying the firings were based on poor job performance and were unconnected to the tribe's action.
Most of the disenrollees don't live on the rancheria, said Avila. Those who do live on the rancheria are concerned about losing their homes, but Avila said the tribe doesn't plan to take action to remove them because the homes were funded through a program that supports Indian housing. “We can allow them to live there,” she said.
Among those removed from the rolls include the entire 35-member Quitiquit family, which includes decorated veterans, and traditional artisans and basket makers.
Avila said the people who were disenrolled have been “on the table for many, many years.”
The council changed its enrollment ordinance because it conflicted with the tribe's constitution, said Avila. A provision in the enrollment ordinance was removed that had allowed for membership in the tribe through adoption of individuals whose names appeared on a 1940 tribal census roll and their lineal descendants.
Avila said the council is trying to clean up its ordinances in order to stabilize operations.
She traces the tribe's issues with its rolls back to termination of tribes in the 1950s and 1960s, when many tribes lost land and federal recognition. Many Indians didn't have a place to go and some were adopted into other tribes, such as Robinson.
Avila said the tribe has to take care of its own members first before they can help anyone else. The goal is to use the proceeds from Robinson Rancheria Resort and Casino to help the tribe, but Avila said the casino – while it's an important revenue source – doesn't pull in the kind of business found among the bigger gaming tribes' casinos.
Crandell and other opponents of the disenrollments allege that Avila and the rest of the business council – Curtis Anderson Jr., Kim Fernandez, Stoney Timmons, Nicholas Medina and Buffy White – are taking the actions ahead of a January election for the tribal leadership. They said the members who are disenrolled supported Crandell's election.
Avila denies that. “It just happened at this time,” she said. “I wish this had been dealt with earlier.”
Also just taking place are additional payments to existing tribal members, who reportedly each received $400 checks in the last few weeks. Avila said those payments are not connected to the disenrollments. She said she considers the disenrollments an internal tribal matter, and doesn't understand why anyone outside of the tribe should be concerned about it.
On Saturday, the American Indian Rights and Resources Organization – AIRRO for short – held a board meeting in Upper Lake to discuss strategy for assisting the tribal members who received the disenrollment resolutions.
AIRRO President John Gomez, whose family was disenrolled by the Pechanga tribe, is helping lead the families through the process of appealing their cases to the Bureau of Indian Affairs.
Robinson Rancheria's 1980 constitution calls for the Bureau of Indian Affairs' involvement with determining tribal membership.
Article 3, Section 3 states: “The official membership roll shall be prepared in accordance with an ordinance adopted by the governing body and approved by the Secretary of the Interior or his authorized representative. Such ordinance shall contain provisions for enrollment procedures, enrollment committees, application form, approval or disapproval of application, rejection notice, appeals, corrections and provisions for keeping the roll on a current basis.”
In his experience – both personally and working with AIRRO – Gomez said disenrollments usually occur before important tribal elections.
The other important function of the Saturday AIRRO meeting was to offer hope and support to people whose worlds have been turned upside down by the tribe's actions.
Gomez agreed about the pain and the trauma disenrollment leaves in its wake.
“You never get used to this, even though we've lived through it. You never get used to this, even when it happens to other people,” he said.
He said he and other AIRRO members realize it's their responsibility to help other Indians facing life without their tribe, “but it never gets easy.”
Gomez said it was hard to see the Quitiquits – who had become a part of the AIRRO family long before they were disenrolled – face this now. “When this happened here, it became personal for us,” said Gomez, who was with the Quitiquits when they began receiving their disenrollment resolutions late last week.
A crisis exists in Indian Country as a direct result of the disenrollments, said Gomez.
AIRRO pledged to assist those cut out of Robinson's membership. “We'll fight with you, we'll fight for you,” Gomez said. “And you guys are going to win. I believe that in my heart.”
Robinson Rancheria's constitutional clause giving the BIA authority over tribal membership gives the Quitiquits and the others fighting for their memberships a unique opportunity to appeal the tribal council's decision, said Gomez.
Over the last five years, AIRRO and its support network of advocates and attorneys have been able to create some inroads and awareness in the California Legislature, Gomez said.
As a result, earlier this year they were able to help stop SB 331, introduced by state Sen. Gloria Romero (D-East Los Angeles) and supported by the Barona Tribe of Mission Indians, a Southern California gaming tribe.
The bill would have created a new infraction with fines if a person was found guilty of trespassing on tribal lands. While the bill was in the Assembly a clause was inserted that would mean it didn't apply to former tribal members, after which the bill was pulled. Gomez said the bill was meant to oppress disenrollees.
“The courts have not been our friends,” he said. “The courts have always deferred to sovereignty.”
He said a 1978 US Supreme Court ruling in Santa Clara Pueblo v. Martinez the court deferred to tribal sovereignty and in doing so took away the rights of individual Indians to sue tribes for Indian Civil Rights Act violations.
That, in turn, has set the stage for the kinds of human and civil rights violations which AIRRO says is scarring Indian Country now.
“This is a sad day because it's continuing to happen,” he said.
He told the disenrollees, “The worst thing that could happen is for you to just lie down and accept it.”
BIA will look at appeals
Earlier this month, Lake County News ran a three-part series on the disenrollment issue. On Dec. 5, the first day the series ran, North Coast Congressman Mike Thompson wrote a letter to BIA Regional Director Dale Morris, citing the Lake County News article and his concern over his local Indian constituents facing disenrollment. He asked Morris about what recourse is available for Indians who are disenrolled.
The issue arose locally just as Thompson was being discussed as a possible interior secretary candidate in the cabinet of President-elect Barack Obama.
“Congress has the ultimate authority to decide whether or not any federal agency is going to have the authority to review or overturn those types of things,” Burdick said.
BIA doesn't currently have the general authority to intervene and Congress – which is aware of that problem – isn't ready to grant the BIA more latitude, said Burdick.
However, the BIA is getting involved in the case of the San Pasqual Band of Mission Indians, whose tribal constitution – like Robinson's – also allows the BIA a role in membership issues. Late last month the BIA halted that tribe's attempt to disenroll between 60 and 80 members.
Robinson's disenrolled members currently are in the process of sending appeals to the BIA. Burdick said the appeals will be sent to him first.
Robinson's disenrollment does, however, provide the BIA – and Burdick himself – with a very rare situation, especially if the tribal council refuses to accept the agency's ultimate opinion on the disenrollments.
Just what the BIA would do in that case is hard to predict. “I can't say whether there will be any sanctions or not,” Burdick said.
See the Lake County News Link for the full story
Late last week, certified letters that dozens of Robinson Rancheria Band of Pomo tribal members were dreading began to arrive.
Sent out to several dozen Pomo, the envelopes contained resolutions for each person, passed in a 3-0 vote held by the Robinson Rancheria Citizens Business Council on Dec. 5, informing them that they had been disenrolled from the tribe and their names removed from its rolls.
The resolutions were signed by Tribal Chair Tracey Avila and Secretary-Treasurer Kim Fernandez on Dec. 10.
Avila had previously told Lake County News that 60 of Robinson's 347 tribal members had been under consideration for disenrollment.
On Tuesday, she said six people had proved their lineage and so were allowed to retain their tribal membership, while several more had asked for special consideration to be able to secure documents proving their lineal descent from tribal members on the tribe's original rolls.
EJ Crandell, who was elected tribal chair in June in an election that was decertified by the tribe's election committee, has asserted that as many as 74 tribal members faced disenrollment, and supplied Lake County News with a list of about 50 names of people who he said had confirmed receiving the disenrollment resolution.
Crandell's wife's family was among those disenrolled. He said he's concerned that he and his immediate family may be next.
Gone for the people receiving the resolutions are free access to the rancheria, health care services, food services for homebound seniors, pensions and per capita payments funded by Robinson Rancheria Resort and Casino. Some were fired from jobs before the disenrollment resolutions were approved, which Crandell and other tribal members critical of the council said were retaliatory actions. Avila denied that, saying the firings were based on poor job performance and were unconnected to the tribe's action.
Most of the disenrollees don't live on the rancheria, said Avila. Those who do live on the rancheria are concerned about losing their homes, but Avila said the tribe doesn't plan to take action to remove them because the homes were funded through a program that supports Indian housing. “We can allow them to live there,” she said.
Among those removed from the rolls include the entire 35-member Quitiquit family, which includes decorated veterans, and traditional artisans and basket makers.
Avila said the people who were disenrolled have been “on the table for many, many years.”
The council changed its enrollment ordinance because it conflicted with the tribe's constitution, said Avila. A provision in the enrollment ordinance was removed that had allowed for membership in the tribe through adoption of individuals whose names appeared on a 1940 tribal census roll and their lineal descendants.
Avila said the council is trying to clean up its ordinances in order to stabilize operations.
She traces the tribe's issues with its rolls back to termination of tribes in the 1950s and 1960s, when many tribes lost land and federal recognition. Many Indians didn't have a place to go and some were adopted into other tribes, such as Robinson.
Avila said the tribe has to take care of its own members first before they can help anyone else. The goal is to use the proceeds from Robinson Rancheria Resort and Casino to help the tribe, but Avila said the casino – while it's an important revenue source – doesn't pull in the kind of business found among the bigger gaming tribes' casinos.
Crandell and other opponents of the disenrollments allege that Avila and the rest of the business council – Curtis Anderson Jr., Kim Fernandez, Stoney Timmons, Nicholas Medina and Buffy White – are taking the actions ahead of a January election for the tribal leadership. They said the members who are disenrolled supported Crandell's election.
Avila denies that. “It just happened at this time,” she said. “I wish this had been dealt with earlier.”
Also just taking place are additional payments to existing tribal members, who reportedly each received $400 checks in the last few weeks. Avila said those payments are not connected to the disenrollments. She said she considers the disenrollments an internal tribal matter, and doesn't understand why anyone outside of the tribe should be concerned about it.
On Saturday, the American Indian Rights and Resources Organization – AIRRO for short – held a board meeting in Upper Lake to discuss strategy for assisting the tribal members who received the disenrollment resolutions.
AIRRO President John Gomez, whose family was disenrolled by the Pechanga tribe, is helping lead the families through the process of appealing their cases to the Bureau of Indian Affairs.
Robinson Rancheria's 1980 constitution calls for the Bureau of Indian Affairs' involvement with determining tribal membership.
Article 3, Section 3 states: “The official membership roll shall be prepared in accordance with an ordinance adopted by the governing body and approved by the Secretary of the Interior or his authorized representative. Such ordinance shall contain provisions for enrollment procedures, enrollment committees, application form, approval or disapproval of application, rejection notice, appeals, corrections and provisions for keeping the roll on a current basis.”
In his experience – both personally and working with AIRRO – Gomez said disenrollments usually occur before important tribal elections.
The other important function of the Saturday AIRRO meeting was to offer hope and support to people whose worlds have been turned upside down by the tribe's actions.
Gomez agreed about the pain and the trauma disenrollment leaves in its wake.
“You never get used to this, even though we've lived through it. You never get used to this, even when it happens to other people,” he said.
He said he and other AIRRO members realize it's their responsibility to help other Indians facing life without their tribe, “but it never gets easy.”
Gomez said it was hard to see the Quitiquits – who had become a part of the AIRRO family long before they were disenrolled – face this now. “When this happened here, it became personal for us,” said Gomez, who was with the Quitiquits when they began receiving their disenrollment resolutions late last week.
A crisis exists in Indian Country as a direct result of the disenrollments, said Gomez.
AIRRO pledged to assist those cut out of Robinson's membership. “We'll fight with you, we'll fight for you,” Gomez said. “And you guys are going to win. I believe that in my heart.”
Robinson Rancheria's constitutional clause giving the BIA authority over tribal membership gives the Quitiquits and the others fighting for their memberships a unique opportunity to appeal the tribal council's decision, said Gomez.
Over the last five years, AIRRO and its support network of advocates and attorneys have been able to create some inroads and awareness in the California Legislature, Gomez said.
As a result, earlier this year they were able to help stop SB 331, introduced by state Sen. Gloria Romero (D-East Los Angeles) and supported by the Barona Tribe of Mission Indians, a Southern California gaming tribe.
The bill would have created a new infraction with fines if a person was found guilty of trespassing on tribal lands. While the bill was in the Assembly a clause was inserted that would mean it didn't apply to former tribal members, after which the bill was pulled. Gomez said the bill was meant to oppress disenrollees.
“The courts have not been our friends,” he said. “The courts have always deferred to sovereignty.”
He said a 1978 US Supreme Court ruling in Santa Clara Pueblo v. Martinez the court deferred to tribal sovereignty and in doing so took away the rights of individual Indians to sue tribes for Indian Civil Rights Act violations.
That, in turn, has set the stage for the kinds of human and civil rights violations which AIRRO says is scarring Indian Country now.
“This is a sad day because it's continuing to happen,” he said.
He told the disenrollees, “The worst thing that could happen is for you to just lie down and accept it.”
BIA will look at appeals
Earlier this month, Lake County News ran a three-part series on the disenrollment issue. On Dec. 5, the first day the series ran, North Coast Congressman Mike Thompson wrote a letter to BIA Regional Director Dale Morris, citing the Lake County News article and his concern over his local Indian constituents facing disenrollment. He asked Morris about what recourse is available for Indians who are disenrolled.
The issue arose locally just as Thompson was being discussed as a possible interior secretary candidate in the cabinet of President-elect Barack Obama.
“Congress has the ultimate authority to decide whether or not any federal agency is going to have the authority to review or overturn those types of things,” Burdick said.
BIA doesn't currently have the general authority to intervene and Congress – which is aware of that problem – isn't ready to grant the BIA more latitude, said Burdick.
However, the BIA is getting involved in the case of the San Pasqual Band of Mission Indians, whose tribal constitution – like Robinson's – also allows the BIA a role in membership issues. Late last month the BIA halted that tribe's attempt to disenroll between 60 and 80 members.
Robinson's disenrolled members currently are in the process of sending appeals to the BIA. Burdick said the appeals will be sent to him first.
Robinson's disenrollment does, however, provide the BIA – and Burdick himself – with a very rare situation, especially if the tribal council refuses to accept the agency's ultimate opinion on the disenrollments.
Just what the BIA would do in that case is hard to predict. “I can't say whether there will be any sanctions or not,” Burdick said.
See the Lake County News Link for the full story
Monday, October 13, 2008
Exposing CA Tribal Corruption is a Full Time Job
It's difficult to make your voice heard, when politicians are stuffing dollar bills in their ears to drown out the voices of those who have been discriminated against.
We have many groups that speak out and some are more active than others.
Here are some sites for you to take a look at:
http://tribalcorruption.com/
http://teetilawuncha.blogspot.com/
http://www.thecreekfreedmen.com/
http://www.pechanga.info.com/forum
There are MORE sites, please post them in the comments. Promote your blog.
We have many groups that speak out and some are more active than others.
Here are some sites for you to take a look at:
http://tribalcorruption.com/
http://teetilawuncha.blogspot.com/
http://www.thecreekfreedmen.com/
http://www.pechanga.info.com/forum
There are MORE sites, please post them in the comments. Promote your blog.
Friday, August 1, 2008
Agua Caliente and Morongo Pay State for Gaming
Agua Caliente Band of Cahuilla Indians and Morongo Band of Mission Indians — on Thursday shed light on the revenue checks that were just relayed to the state.
The following payments flowed to the California General Fund, as a result of amended compacts to expand gaming:
Agua Caliente Band of Cahuilla Indians, operating the Spa Resort Casino in Palm Springs and Agua Caliente Casino Resort Spa in Rancho Mirage, sent over a $9.3 million check to Sacramento this week. That's on top of the $4.2 million already paid, bringing the total to $13.5 million.
The Morongo Band of Mission Indians, operating the Morongo Casino Spa in Cabazon, sent over $12.5 million. With its $8.1 million payment made in May, the total comes to $20.6 million. Additionally, the tribe sent over $400,000 for the Revenue Sharing Trust Fund.
The following payments flowed to the California General Fund, as a result of amended compacts to expand gaming:
Agua Caliente Band of Cahuilla Indians, operating the Spa Resort Casino in Palm Springs and Agua Caliente Casino Resort Spa in Rancho Mirage, sent over a $9.3 million check to Sacramento this week. That's on top of the $4.2 million already paid, bringing the total to $13.5 million.
The Morongo Band of Mission Indians, operating the Morongo Casino Spa in Cabazon, sent over $12.5 million. With its $8.1 million payment made in May, the total comes to $20.6 million. Additionally, the tribe sent over $400,000 for the Revenue Sharing Trust Fund.
Saturday, July 12, 2008
Worthless Bureau of Indian Affairs Allows SHADOW Government to Run Snoqualmie Tribe
UPDATE: We have over 150COMMENTS on this story. Please take the time to read them. Snoqualmie tribal members who have been disenrolled, PLEASE have all your family look here at the comments and feel FREE to join in. Get them involved NOW.
What do we have a BIA for? The regional office in Temecula is run by a family that wanted the disenrollments at Pechanga to happen. Do you think any paperwork got lost or mishandled in this case? They also screwed up the propositions out here. Mark Macarro already overruled the will of the people of the Temecula Band of Luiseno Indians which voted to END all Disenrollments
Read the rest of the story HERE
Snoqualmie Tribal Government in Constitutional Crisis; Shadow Government Attempting to Disenroll and Banish Tribal Members
SNOQUALMIE, Wash., April 21 /
The honorary, non-elected Chief of the Snoqualmie people, Jerry Enick, along with a small faction of loyalists, has overthrown the Constitutionally elected Snoqualmie Indian tribal government. The Snoqualmie Indian Tribe is a federally recognized Indian tribe with 637 enrolled members as of December 31, 2006. After months of attempting to reach an internal resolution of this tribal government crisis, the Chairman of the Tribe, Bill T Sweet is speaking out. "For the good of the Tribe and our elders, I am taking this issue public," said Chairman Sweet. "We cannot stand idly by and let the Tribe's future be hijacked by a handful of people and their non-Indian supporters."
The dispute has been ongoing since last fall, but only recently came to a head. Chairman Sweet has been barred from Tribal Council meetings since August 16, 2007, when the honorary Chief issued a decree suspending the Chairman and certain members of the Tribal Council elected at the Tribe's May 12, 2007 general meeting. In September 2007, the honorary Chief called for new elections and, at a disputed meeting, seated new tribal council members. The Tribe's Constitution only allows for May elections and vests no power in the honorary Chief to control the government.
The Chairman has not been lawfully removed from office, but has been precluded from conducting the duties of his office. Enick's move is nothing less than a coup.
snip-
Despite the documents indicating irregularities to obtain Federal monies, the Bureau has not taken any action to stop the Enick faction. "The Bureau is turning a blind-eye to us," said Chairman Sweet. Without a tribal court to hold people accountable and with no action from the Bureau of Indian Affairs, Enick's group realizes it can act without fear of any consequences. Chairman Sweet describes the situation as "outrageous."
What do we have a BIA for? The regional office in Temecula is run by a family that wanted the disenrollments at Pechanga to happen. Do you think any paperwork got lost or mishandled in this case? They also screwed up the propositions out here. Mark Macarro already overruled the will of the people of the Temecula Band of Luiseno Indians which voted to END all Disenrollments
Read the rest of the story HERE
Snoqualmie Tribal Government in Constitutional Crisis; Shadow Government Attempting to Disenroll and Banish Tribal Members
SNOQUALMIE, Wash., April 21 /
The honorary, non-elected Chief of the Snoqualmie people, Jerry Enick, along with a small faction of loyalists, has overthrown the Constitutionally elected Snoqualmie Indian tribal government. The Snoqualmie Indian Tribe is a federally recognized Indian tribe with 637 enrolled members as of December 31, 2006. After months of attempting to reach an internal resolution of this tribal government crisis, the Chairman of the Tribe, Bill T Sweet is speaking out. "For the good of the Tribe and our elders, I am taking this issue public," said Chairman Sweet. "We cannot stand idly by and let the Tribe's future be hijacked by a handful of people and their non-Indian supporters."
The dispute has been ongoing since last fall, but only recently came to a head. Chairman Sweet has been barred from Tribal Council meetings since August 16, 2007, when the honorary Chief issued a decree suspending the Chairman and certain members of the Tribal Council elected at the Tribe's May 12, 2007 general meeting. In September 2007, the honorary Chief called for new elections and, at a disputed meeting, seated new tribal council members. The Tribe's Constitution only allows for May elections and vests no power in the honorary Chief to control the government.
The Chairman has not been lawfully removed from office, but has been precluded from conducting the duties of his office. Enick's move is nothing less than a coup.
snip-
Despite the documents indicating irregularities to obtain Federal monies, the Bureau has not taken any action to stop the Enick faction. "The Bureau is turning a blind-eye to us," said Chairman Sweet. Without a tribal court to hold people accountable and with no action from the Bureau of Indian Affairs, Enick's group realizes it can act without fear of any consequences. Chairman Sweet describes the situation as "outrageous."
Wednesday, June 18, 2008
BIA Rules on Comanche DeEnrollment; Another Crack in the Sovereignty Dam
The BIA has supported Debbie Hendrix is her disenrollment from the Comanche Nation.
Her rights of due process were violated and her rights granted in ICRA have also been violated.
Interesting that the BIA would look into this membership issue.
This link may for members only, but it's easy to join. I"ll add to this post shortly
From Debbie Hendrix communique:
As you read you will see the de-enrollment is tentatively invalid. Also, the telephone vote taken was also invalid. Therefore all benefits are to be reinstated and my name is to be placed back on the ballot. If Wallace chooses not to abide by the directive from the Regional Director then any people elected will not be recognized by the Bureau. Therefore we will not have a functioning government. In July when all the 638 contracts are to be signed they will not be recognized by the bureau because of the illegal CBC members. So the Tribe will loose all their 638 programs. Every bit of land the Attorneys are trying to put in the Comanche name will not be completed because of the illegal CBC positions. Wallace's resort will only be a memory. Because the Bureau will not do any business with anyone wanting to do business with the Comanche Tribe.
People then you can thank your Chairman and 4 CBC members for the loss of all tribal programs. Then if NIGC knows the land is not going to be put in trust then our Casinos will be closed down. Again you can thank your Chairman and 4 CBC members for the loss of your per cap. This shows you how much they care about the people. The chairman will break every law he wants just to get his way.
Her rights of due process were violated and her rights granted in ICRA have also been violated.
Interesting that the BIA would look into this membership issue.
This link may for members only, but it's easy to join. I"ll add to this post shortly
From Debbie Hendrix communique:
As you read you will see the de-enrollment is tentatively invalid. Also, the telephone vote taken was also invalid. Therefore all benefits are to be reinstated and my name is to be placed back on the ballot. If Wallace chooses not to abide by the directive from the Regional Director then any people elected will not be recognized by the Bureau. Therefore we will not have a functioning government. In July when all the 638 contracts are to be signed they will not be recognized by the bureau because of the illegal CBC members. So the Tribe will loose all their 638 programs. Every bit of land the Attorneys are trying to put in the Comanche name will not be completed because of the illegal CBC positions. Wallace's resort will only be a memory. Because the Bureau will not do any business with anyone wanting to do business with the Comanche Tribe.
People then you can thank your Chairman and 4 CBC members for the loss of all tribal programs. Then if NIGC knows the land is not going to be put in trust then our Casinos will be closed down. Again you can thank your Chairman and 4 CBC members for the loss of your per cap. This shows you how much they care about the people. The chairman will break every law he wants just to get his way.
Wednesday, June 11, 2008
Open Letter:NBA's David Stern & Jerry Buss on Pechanga Sponsor
UPDATE 2:
Hot Air has more on the disgraced ref. Ed Morrissey has a take on it: HERE. Take a look. And SHOULD the NBA be in bed with Gambling Sponsors? RICK MORAN also has a take on this. Please take a look there too.
UPDATE: Day 19 with no word yet from Mr. Stern still waiting: originalpechanga2@yahoo.com
Open Letter to NBA Commissioner David Stern and Los Angeles Lakers Owner Dr. Jerry Buss
Dear Commissioner Stern and Dr. Buss,
During the past 60 years, the National Basketball Association has built itself into one of the premier leagues in professional sports. From the first championships in the late 1940’s, through the George Mikan’s Lakers teams to the dynasty of the Celtics and the rivalry between the Celtics and Lakers and through the Michael Jordan years, the NBA has stood for fairness, and purity of sports.
Sadly the NBA finds itself sullied by gambling scandals. The publicity of the Donaghy incident has shaken the foundation of the game. Now, we find that NBA analyst and former superstar Charles Barkley has a $400,000 unpaid gambling debt and Sir Charles has admitted to spending $10 million gambling, but to him, “it’s not a problem”.
Our concern is your sponsorships from Indian Casinos. How can you decry gambling on one hand, yet on the other, take millions of dollars in advertising and sponsorships from gambling enterprises. Your flagship team, the Los Angeles Lakers has a partnership with the Pechanga Band of Luiseno Indians.
Throughout Indian Country, thousands of native Americans have had their cultural heritage stripped from them, primarily by tribes in pursuit of gaming compacts. The Pechanga Band of Luiseno Indians, of Temecula CA, is one of the most egregious civil rights violators in Indian Country.
The Los Angeles Times, LA Weekly and KNBC News have done numerous stories detailing the activities of the tribe, including “Tribal Flush: Pechanga People Disenrolled En Masse.” and “Without a Tribe” reported by Colleen Williams of KNBC.
- The Pechanga Band has eliminated 25% of its citizenship and denied them due process, equal protection under tribal and federal laws, in violation of the Indian Civil Rights Act.
- The tribe stripped elders of their health care benefits and access to the tribal clinic.
- Forcibly removed the children of some members from the tribal school.
- The most recent disenrollment of 100+ adults and children was especially egregious as the General Membership, the Tribe's governing body, had previously passed a law which (1) repealed the Tribe's disenrollment procedures and (2) made it illegal for the Enrollment Committee to disenroll members. In violation of its own Constitution and the ICRA, Pechanga tribal officials breeched their duty.
We question the wisdom of accepting money from a gambling enterprise that is a known civil rights violator. We are asking that you sever your ties to Pechanga and investigate the issues detailed above and determine whether sponsorship from gambling casinos is in the best interests of the National Basketball Association.
CONTACT INFORMATION for the NBA:
Feel free to fax a copy of my open letter. National Basketball Association, Inc.Olympic Tower, 645 5th Ave.New York, NY 10022NY Tel. 212-407-8000 Fax 212-754-6414
Friday, June 6, 2008
Coming Soon: Another Crack in the Sovereignty Dam
Word is that at the beginning of next week, OR SOONER, there will be some news on court rulings against tribal disenrollment. Continued cracks in the dam of sovereignty, caused by Casino tribes who mistreat their people.
Stay tuned. This could help pending and upcoming lawsuits.
Stay tuned. This could help pending and upcoming lawsuits.
Thursday, May 29, 2008
NDNnews Tamra Defends Her Site from Pechanga Attacks
This is from the comments section of this POST, but I thought I would move it forward out of respect for Tamra and her site NDNnews . Tamra patiently explains to Victor Rocha's lackey the difference between a casino tribe sponsored website/casino Indian website (of which, Victor is one, making $36,000 per month in per capita, now that Pechanga terminated 25% of its tribe)
Here's Tamra's Takedown (emphasis mine):
Rob,
My website IS a NDN news source and has been for many years. I am not a main stream site, like ICT or Indianz, nor would I want to be. I would also like to point out, in case it was over looked, that ICT and Indianz are operated by casino tribes. And furthermore, ICT is owned by the Oneida Nation, INC. another Tribe that has disenrolled hundreds of their members.
So, they certainly have the man power and funding to have top of the line sites, posting hundreds of items each day and considered the news "source." I would too if I made $20K+ a month or more, with all that casino money. I too could have a staff and spend all my time posting articles. However, I am GRASS ROOTS, I am not a casino ndn, I work full time, I have two grassroots organizations and run NDN News.
I actually pro actively work on issues in NDN Country! I run NDN News by myself, its mine, I do not have a staff or answer to anyone. The things that I do, including NDN News, I do to help and FOR the people. My focus is to help spread the word about on going issues in NDN Country, my listserv has thousands of people of it, I know they appreciate the info I get out there. Seems to me, you are on that list, if I remember correctly, or were at one time.
I am not a journalist, I am a activist and I work FOR the people. I don't just post articles and be done with it. I spend all my time directly working on issues, I am on the ground, hands on, making phone calls, attending hearings, initiating writing campaigns, fighting against racism, protection of sacred sites and burial grounds, assistance programs for rez's in need (helping elders and children), fighting fema for the toxic trailers they dumped in ndn country after all these disasters, the list is endless of the issues that I am, and have been, involved with.....including Tribal Disenrollent!
I have worked on this issue for many, many years now, been at more than one protest gathering in So. Ca., for this issue and supported ALL of the victims of today's genocide, Tribal Disenrollment. And, will continue to do so! Seems to me, that alot of people have forgotten where they came from, what all of our ancestors gave or should I say, had stolen from them. Maybe if people stopped absorbing themselves into today's society of materialistic greed, they would remember their roots. Being NDN is not having fancy cars, fancy houses, fancy clothes, club med memberships........being NDN is, culture, ceremonies, honoring your ancestors, traditions, being humble and helping the people.
Remember the days, many years ago, before the big casino's, when all of these people were very much apart of the Tribe. There is NO excuse for the rude, vulgar statements and behavior that have been made to us. I don't care if we agree on the issue or not, there is absolutely no excuse or reason to be this disrespectful and crude. Wouldn't it be more productive to respond with a intelligent, educational response, take a stand on your own side. But instead, you both personally attack and disrespect women........proof in the making on what you stand for.
Tamra spells it out PERFECTLY. PLEASE, visit Tamra's site at http://www.ndnnews.com/ and hit her sponsors. She needs our support right now and for you disenrolled, terminated, abused and moratorium people, you have been the benficiary of hers.
Here's Tamra's Takedown (emphasis mine):
Rob,
My website IS a NDN news source and has been for many years. I am not a main stream site, like ICT or Indianz, nor would I want to be. I would also like to point out, in case it was over looked, that ICT and Indianz are operated by casino tribes. And furthermore, ICT is owned by the Oneida Nation, INC. another Tribe that has disenrolled hundreds of their members.
So, they certainly have the man power and funding to have top of the line sites, posting hundreds of items each day and considered the news "source." I would too if I made $20K+ a month or more, with all that casino money. I too could have a staff and spend all my time posting articles. However, I am GRASS ROOTS, I am not a casino ndn, I work full time, I have two grassroots organizations and run NDN News.
I actually pro actively work on issues in NDN Country! I run NDN News by myself, its mine, I do not have a staff or answer to anyone. The things that I do, including NDN News, I do to help and FOR the people. My focus is to help spread the word about on going issues in NDN Country, my listserv has thousands of people of it, I know they appreciate the info I get out there. Seems to me, you are on that list, if I remember correctly, or were at one time.
I am not a journalist, I am a activist and I work FOR the people. I don't just post articles and be done with it. I spend all my time directly working on issues, I am on the ground, hands on, making phone calls, attending hearings, initiating writing campaigns, fighting against racism, protection of sacred sites and burial grounds, assistance programs for rez's in need (helping elders and children), fighting fema for the toxic trailers they dumped in ndn country after all these disasters, the list is endless of the issues that I am, and have been, involved with.....including Tribal Disenrollent!
I have worked on this issue for many, many years now, been at more than one protest gathering in So. Ca., for this issue and supported ALL of the victims of today's genocide, Tribal Disenrollment. And, will continue to do so! Seems to me, that alot of people have forgotten where they came from, what all of our ancestors gave or should I say, had stolen from them. Maybe if people stopped absorbing themselves into today's society of materialistic greed, they would remember their roots. Being NDN is not having fancy cars, fancy houses, fancy clothes, club med memberships........being NDN is, culture, ceremonies, honoring your ancestors, traditions, being humble and helping the people.
Remember the days, many years ago, before the big casino's, when all of these people were very much apart of the Tribe. There is NO excuse for the rude, vulgar statements and behavior that have been made to us. I don't care if we agree on the issue or not, there is absolutely no excuse or reason to be this disrespectful and crude. Wouldn't it be more productive to respond with a intelligent, educational response, take a stand on your own side. But instead, you both personally attack and disrespect women........proof in the making on what you stand for.
Tamra spells it out PERFECTLY. PLEASE, visit Tamra's site at http://www.ndnnews.com/ and hit her sponsors. She needs our support right now and for you disenrolled, terminated, abused and moratorium people, you have been the benficiary of hers.
Friday, May 16, 2008
Hawaii Natives Are Learning What May Happen with Akaka Bill: See YA!
Akaka Bill Preview: Tribes Boot Members Keep Loot
By Andrew Walden, 5/15/2008 9:39:59 AM
Are you Hawaiian? Perhaps not for long.
California Indian tribes are giving Hawaii a preview of what can be expected under the Office of Hawaiian Affairs’ proposed Akaka Tribe. They are throwing out members—and some say it is all about money. OP: It absolutely IS.
According to the San Francisco Chronicle on April 20: “From San Diego to Clear Lake, 57 tribes are cashing in on the annual $7.7 billion California Indian gambling boom, and some are throwing out many of their own members -(OP: 25% of the Pechanga Tribe, almost 50% of Picayune) all, critics say, so those remaining can pocket more cash.
In many cases, that amounts to monthly allowances of up to $30,000 per person. The numbers of those receiving shares were relatively small to begin with - only an estimated 39,000 of the 350,000 American Indians in this state, according to studies by the state attorney general, the U.S. Census Bureau and others.”
See it here: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/04/20/MNJNVJC72.DTL
If the Akaka Bill becomes law, Hawaiians will be forced into something King Kamehameha abolished in creating the Hawaiian Kingdom—a tribe. And that tribe will have authority over who is or is not officially allowed to enroll.
At stake will be land and shares in revenues from Akaka Tribe ownership of thousands of acres of valuable Hawaii real estate.
Nobody explains this better than the Akaka Bill’s chief proponent in the U.S. House Rep. Neil Abercrombie.
Speaking to the House Committee on Natural Resources on May 2, 2007, Abercrombie explained: “The bottom line here is that this is a bill about the control of assets. This is about land, this is about money, and this is about who has the administrative authority and responsibility over it.”
OP: Pechanga has already taken land they said they wanted to preserve, hundreds of acres and are now putting 18 holes into it, and fertilizer... They LIED!
Read the full article HERE
By Andrew Walden, 5/15/2008 9:39:59 AM
Are you Hawaiian? Perhaps not for long.
California Indian tribes are giving Hawaii a preview of what can be expected under the Office of Hawaiian Affairs’ proposed Akaka Tribe. They are throwing out members—and some say it is all about money. OP: It absolutely IS.
According to the San Francisco Chronicle on April 20: “From San Diego to Clear Lake, 57 tribes are cashing in on the annual $7.7 billion California Indian gambling boom, and some are throwing out many of their own members -(OP: 25% of the Pechanga Tribe, almost 50% of Picayune) all, critics say, so those remaining can pocket more cash.
In many cases, that amounts to monthly allowances of up to $30,000 per person. The numbers of those receiving shares were relatively small to begin with - only an estimated 39,000 of the 350,000 American Indians in this state, according to studies by the state attorney general, the U.S. Census Bureau and others.”
See it here: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/04/20/MNJNVJC72.DTL
If the Akaka Bill becomes law, Hawaiians will be forced into something King Kamehameha abolished in creating the Hawaiian Kingdom—a tribe. And that tribe will have authority over who is or is not officially allowed to enroll.
At stake will be land and shares in revenues from Akaka Tribe ownership of thousands of acres of valuable Hawaii real estate.
Nobody explains this better than the Akaka Bill’s chief proponent in the U.S. House Rep. Neil Abercrombie.
Speaking to the House Committee on Natural Resources on May 2, 2007, Abercrombie explained: “The bottom line here is that this is a bill about the control of assets. This is about land, this is about money, and this is about who has the administrative authority and responsibility over it.”
OP: Pechanga has already taken land they said they wanted to preserve, hundreds of acres and are now putting 18 holes into it, and fertilizer... They LIED!
Read the full article HERE
Wednesday, May 7, 2008
Appeals Court Hears Cherokee Freedmen Dispute: Disenrollments
OP: IT is critical that the Federal Government keep the pressure on the Cherokee Nation. Withholding funds is one way to nudge them in the proper direction. Do they REALLY want Congress to get more involved?
Think about what is happening here: Should we eliminate the 13th Amendment and no longer allow blacks to be citizens of the United States? A simple constitutional change is all that's needed. How about taking the right of women to vote away? This is exactly what the Cherokee have done, eliminating their tribal citizens' membership in the tribe. SOMEONE has to stand up and it looks like the Congressional Black Caucus is the ONLY group that has the balls to do so. I'm surprised the NAACP, which takes money from civil rights violators in California, aren't pushing to support their cash cows.
Appeals court hears Cherokee Freedmen dispute
Wednesday, May 7, 2008 A federal appeals court on Tuesday pressed the Cherokee Nation of Oklahoma to explain why the tribe hasn't lost the right to determine its own membership.
In March 2007, tribal voters amended their constitution to deny citizenship to the Freedmen, who are the descendants of former African slaves. At least two judges on the D.C. Circuit Court of Appeals said the move appeared to violate an 1866 treaty. "It's not totally up to the tribe to determine its membership, isn't that right?" observed Judge Merrick B. Garland, a Clinton nominee. An attorney for the tribe had a hard time refuting that assertion. "That's correct," responded Garret G. Rasmussen, a Washington, D.C., attorney.
Instead, Rasmussen based his argument on sovereign immunity. Nowhere in the treaty, or the Thirteenth Amendment to the U.S. Constitution, which outlawed slavery, was the tribe's immunity abrogated, he said. "It's an issue of the tribe's understanding of the treaty," Rasmussen told the court. Jon Velie, an attorney for the Freedmen, had a hard time himself finding the language in the treaty -- or in any other federal law -- that abrogated the tribe's immunity. So he said the totality of the treaty, as well as the historical backdrop of the Civil War and the 13th Amendment, supported the waiver.
"Sovereignty is about retaining rights," Velie, an attorney from Oklahoma, told the court. He said the Cherokee Nation retained the right to define its membership "just not on the Freedmen. That was treated away." Of the other members of the three-judge panel that heard the case, Judge Thomas B. Griffith, a Bush nominee, appeared to agree with Garland that the tribe lost some of its rights under the treaty. Judge David S. Tatel, a Clinton nominee, didn't ask any questions or make any statements on this particular issue. But all three judges seemed to be interested in resolving the case by leaving the Cherokee Nation out of the dispute.
They suggested it was possible to order the Interior Secretary Dirk Kempthorne -- the original defendant -- to uphold the treaty without interfering with the tribe's internal governance. "The Secretary can vacate the new constitution, can vacate the changes," said Garland. The department was not part of the hearing yesterday as the arguments were limited to the Cherokee Nation's involvement in the suit. So far, the Bush administration has told the tribe that the treaty protects the rights of the Freedmen. About 2,800 descendants have Cherokee citizenship, which they could lose if a tribal court upholds the legality of the 2007 constitutional amendment.
In a similar case, the Bureau of Indian Affairs cut funds to the Seminole Nation of Oklahoma when tribal voters ousted their Freedmen. No similar action has been taken against the Cherokees which has led some members of Congress to draft legislation to deny funds to the tribe. Marilyn Vann, a Freedmen leader who is the plaintiff in the lawsuit, defended that tactic in an interview after the hearing yesterday. She said Congress has the final say in Indian matters. "We believe Congress has the ultimate responsibility to ensure the law is carried out," said Vann, who lives in Oklahoma.
Rest of the article HERE
Think about what is happening here: Should we eliminate the 13th Amendment and no longer allow blacks to be citizens of the United States? A simple constitutional change is all that's needed. How about taking the right of women to vote away? This is exactly what the Cherokee have done, eliminating their tribal citizens' membership in the tribe. SOMEONE has to stand up and it looks like the Congressional Black Caucus is the ONLY group that has the balls to do so. I'm surprised the NAACP, which takes money from civil rights violators in California, aren't pushing to support their cash cows.
Appeals court hears Cherokee Freedmen dispute
Wednesday, May 7, 2008 A federal appeals court on Tuesday pressed the Cherokee Nation of Oklahoma to explain why the tribe hasn't lost the right to determine its own membership.
In March 2007, tribal voters amended their constitution to deny citizenship to the Freedmen, who are the descendants of former African slaves. At least two judges on the D.C. Circuit Court of Appeals said the move appeared to violate an 1866 treaty. "It's not totally up to the tribe to determine its membership, isn't that right?" observed Judge Merrick B. Garland, a Clinton nominee. An attorney for the tribe had a hard time refuting that assertion. "That's correct," responded Garret G. Rasmussen, a Washington, D.C., attorney.
Instead, Rasmussen based his argument on sovereign immunity. Nowhere in the treaty, or the Thirteenth Amendment to the U.S. Constitution, which outlawed slavery, was the tribe's immunity abrogated, he said. "It's an issue of the tribe's understanding of the treaty," Rasmussen told the court. Jon Velie, an attorney for the Freedmen, had a hard time himself finding the language in the treaty -- or in any other federal law -- that abrogated the tribe's immunity. So he said the totality of the treaty, as well as the historical backdrop of the Civil War and the 13th Amendment, supported the waiver.
"Sovereignty is about retaining rights," Velie, an attorney from Oklahoma, told the court. He said the Cherokee Nation retained the right to define its membership "just not on the Freedmen. That was treated away." Of the other members of the three-judge panel that heard the case, Judge Thomas B. Griffith, a Bush nominee, appeared to agree with Garland that the tribe lost some of its rights under the treaty. Judge David S. Tatel, a Clinton nominee, didn't ask any questions or make any statements on this particular issue. But all three judges seemed to be interested in resolving the case by leaving the Cherokee Nation out of the dispute.
They suggested it was possible to order the Interior Secretary Dirk Kempthorne -- the original defendant -- to uphold the treaty without interfering with the tribe's internal governance. "The Secretary can vacate the new constitution, can vacate the changes," said Garland. The department was not part of the hearing yesterday as the arguments were limited to the Cherokee Nation's involvement in the suit. So far, the Bush administration has told the tribe that the treaty protects the rights of the Freedmen. About 2,800 descendants have Cherokee citizenship, which they could lose if a tribal court upholds the legality of the 2007 constitutional amendment.
In a similar case, the Bureau of Indian Affairs cut funds to the Seminole Nation of Oklahoma when tribal voters ousted their Freedmen. No similar action has been taken against the Cherokees which has led some members of Congress to draft legislation to deny funds to the tribe. Marilyn Vann, a Freedmen leader who is the plaintiff in the lawsuit, defended that tactic in an interview after the hearing yesterday. She said Congress has the final say in Indian matters. "We believe Congress has the ultimate responsibility to ensure the law is carried out," said Vann, who lives in Oklahoma.
Rest of the article HERE
Wednesday, April 30, 2008
Shunned Tribal Members Claim Civil Right Violations
OP: More evidence that some tribes in Indian Country are so out of control, that they will end up hurting all tribes.
Shunned tribal members claim civil rights violations
By Stephanie Vosk also by George Brennan April 29, 2008 6:00 AM
Amelia and Steven Bingham, shunned by the Mashpee Wampanoag tribe in December 2006, yesterday filed a civil suit against tribal council leaders in Suffolk Superior Court in Boston. They are asking a jury to overturn the tribal council's sanctions as a violation their of civil rights. The suit also seeks unspecified financial compensation.
Michael Altman, a high-profile Boston lawyer specializing in civil rights cases, is representing the mother and son. The Binghams are arguing that the tribal council violated their civil rights by banning them from tribal activities and benefits for seven years after they filed a separate suit in Barnstable Superior Court, along with tribe members Stephanie Tobey-Roderick and Michelle Fernandes. That action seeks access to the tribe's financial information. "We would hope that the Massachusetts court system would not tolerate any group that seeks to silence people because they're saying things that others don't want to hear," Altman said yesterday.
The tribal leadership remains unruffled. "The Binghams continue to be obsessed with trying to force the commonwealth to impose its laws on our sovereign nation," tribal council Chairman Shawn Hendricks said through a spokesman. "They have failed repeatedly in those efforts." The shunning hasn't stopped the Binghams from speaking out against the tribe's leaders and their deals with casino investors. The pair also cooperated with investigators who launched a probe of tribe finances in September.
In the suit, the Binghams also claim the tribal council violated their civil rights by barring them from the tribe's annual powwow last July. Police were called to the public celebration to enforce a no-trespass order requested by the tribal council earlier that day. "The use of police officers to deny plaintiffs access to a public event constitutes threats, intimidation and coercion," the suit states. With the annual event slated for this July, the Binghams are seeking a court injunction that will allow them to attend.
In a telephone interview, Amelia Bingham said they filed suit after exhausting other attempts to have the shunning lifted. That includes an overwhelming vote by tribe members in January to reverse the shunning order. "We have to do something to stop these people," she said. "They've hurt me to the core by discriminating against me and they're going to have to pay for that."
Full Article HERE
OP: OH, and the shadow Snoqualmie government that is abetted by the Bureau of Indian Affairs, has resulted in this mess:
Snoqualmie Tribe banishes banish 8 members, disenrolls 60
LYNDA V. MAPES MCCLATCHY-TRIBUNE NEWS SERVICE UPDATEED AT 6:27 A.M. SEATTLE --
Members of the Snoqualmie Tribe banished eight tribal members Sunday, and more than 60 others have received letters informing them they have been disenrolled from the tribe. A selected group of Snoqualmies designated "preferred voters" (uh, PREFERRED VOTERS?)by honorary(meaning NOT-ELECTED) chief Jerry Enick and tribal council members gathered in an all-day, closed-door meeting Sunday at the Issaquah Hilton to consider punishment of the tribal chairman, vice chairman, treasurer and two council members. They were accused of operating an "illegal, shadow government" after being suspended by Enick (who has NO power to suspend)last fall, when he asserted control of the tribal government.
The banished maintain they are the rightful, duly elected leaders of the tribe. A tribal spiritual leader and a minister of the Indian Shaker church were also banished, along with the chairman's brother. Sunday's events were the latest in a long-running dispute between battling factions in the tribe. At stake are control of the tribal government and what promises to be one of the most lucrative casinos in the state, scheduled to open in November. Today, two councils claim to be the legitimate leaders of the Snoqualmies -- one composed of now-banished members who've gathered regularly in a private home and the other that continues to meet in the tribe's administrative offices.
The accusations against the banished members range from treason to saying a prayer, according to tribal resolutions of discipline issued this month. Banishment is the most extreme punishment in Indian Country, usually reserved for capital crimes such as murder, or drug dealing. The banished lose all right to be on tribal land, claim tribal benefits or even claim Indian identity.
OP: THIS has to be addressed. Some jerk like Enick is saying now that these people are no longer Indians and POOF, the Feds will agree?
Shunned tribal members claim civil rights violations
By Stephanie Vosk also by George Brennan April 29, 2008 6:00 AM
Amelia and Steven Bingham, shunned by the Mashpee Wampanoag tribe in December 2006, yesterday filed a civil suit against tribal council leaders in Suffolk Superior Court in Boston. They are asking a jury to overturn the tribal council's sanctions as a violation their of civil rights. The suit also seeks unspecified financial compensation.
Michael Altman, a high-profile Boston lawyer specializing in civil rights cases, is representing the mother and son. The Binghams are arguing that the tribal council violated their civil rights by banning them from tribal activities and benefits for seven years after they filed a separate suit in Barnstable Superior Court, along with tribe members Stephanie Tobey-Roderick and Michelle Fernandes. That action seeks access to the tribe's financial information. "We would hope that the Massachusetts court system would not tolerate any group that seeks to silence people because they're saying things that others don't want to hear," Altman said yesterday.
The tribal leadership remains unruffled. "The Binghams continue to be obsessed with trying to force the commonwealth to impose its laws on our sovereign nation," tribal council Chairman Shawn Hendricks said through a spokesman. "They have failed repeatedly in those efforts." The shunning hasn't stopped the Binghams from speaking out against the tribe's leaders and their deals with casino investors. The pair also cooperated with investigators who launched a probe of tribe finances in September.
In the suit, the Binghams also claim the tribal council violated their civil rights by barring them from the tribe's annual powwow last July. Police were called to the public celebration to enforce a no-trespass order requested by the tribal council earlier that day. "The use of police officers to deny plaintiffs access to a public event constitutes threats, intimidation and coercion," the suit states. With the annual event slated for this July, the Binghams are seeking a court injunction that will allow them to attend.
In a telephone interview, Amelia Bingham said they filed suit after exhausting other attempts to have the shunning lifted. That includes an overwhelming vote by tribe members in January to reverse the shunning order. "We have to do something to stop these people," she said. "They've hurt me to the core by discriminating against me and they're going to have to pay for that."
Full Article HERE
OP: OH, and the shadow Snoqualmie government that is abetted by the Bureau of Indian Affairs, has resulted in this mess:
Snoqualmie Tribe banishes banish 8 members, disenrolls 60
LYNDA V. MAPES MCCLATCHY-TRIBUNE NEWS SERVICE UPDATEED AT 6:27 A.M. SEATTLE --
Members of the Snoqualmie Tribe banished eight tribal members Sunday, and more than 60 others have received letters informing them they have been disenrolled from the tribe. A selected group of Snoqualmies designated "preferred voters" (uh, PREFERRED VOTERS?)by honorary(meaning NOT-ELECTED) chief Jerry Enick and tribal council members gathered in an all-day, closed-door meeting Sunday at the Issaquah Hilton to consider punishment of the tribal chairman, vice chairman, treasurer and two council members. They were accused of operating an "illegal, shadow government" after being suspended by Enick (who has NO power to suspend)last fall, when he asserted control of the tribal government.
The banished maintain they are the rightful, duly elected leaders of the tribe. A tribal spiritual leader and a minister of the Indian Shaker church were also banished, along with the chairman's brother. Sunday's events were the latest in a long-running dispute between battling factions in the tribe. At stake are control of the tribal government and what promises to be one of the most lucrative casinos in the state, scheduled to open in November. Today, two councils claim to be the legitimate leaders of the Snoqualmies -- one composed of now-banished members who've gathered regularly in a private home and the other that continues to meet in the tribe's administrative offices.
The accusations against the banished members range from treason to saying a prayer, according to tribal resolutions of discipline issued this month. Banishment is the most extreme punishment in Indian Country, usually reserved for capital crimes such as murder, or drug dealing. The banished lose all right to be on tribal land, claim tribal benefits or even claim Indian identity.
OP: THIS has to be addressed. Some jerk like Enick is saying now that these people are no longer Indians and POOF, the Feds will agree?
Sunday, April 20, 2008
Former Picayune Enrollment Chair Responds to Goldbergs Comment on Disenrollments being OVERBLOWN
Check out this link from the former enrollment chairperson for the Picayune Rancheria (Chukchansi).
Response to UCLA's Goldberg
For the Record: Goldberg gets MILLIONS from Tribes, nothing from disenrolled/moratorium people. Guess which group she sides with?
More on Pechanga's Genocide of their own people
GAMBLERS: If these tribes will cheat their people, and treat them with so much disrespect, do you think they care about you? Won't they CHEAT YOU?
UPDATE: AIRRO Presidents comments on Goldberg:
I know many people who have read this article found the quote by Carole Goldberg as troublesome, so I think some context is in order. Carole Goldberg appeared in televeision commercials in favor of tribal gaming, and several gaming tribes donate/sponsor/etc. tribal/indian studies programs at colleges throughout California, including her own UCLA.
Considering every word she says on the subject could affect future funding to UCLA, could we really think she would have an objective opinion on this matter? She sounded more like a tribal leader trying to play down the serious human and civil rights violations involved than a college professor providing a thoughtful analysis of the issue. Comments like hers, coupled with the egregious actions of some tribal officials will eventually lead to a thorough review of this issue by the one entity that has the power to address the injustices- the US Congress. So maybe we should be thanking her instead of cursing her.
READ: Disenrollments: Todays Genocide at NDNnews.com
Response to UCLA's Goldberg
For the Record: Goldberg gets MILLIONS from Tribes, nothing from disenrolled/moratorium people. Guess which group she sides with?
More on Pechanga's Genocide of their own people
GAMBLERS: If these tribes will cheat their people, and treat them with so much disrespect, do you think they care about you? Won't they CHEAT YOU?
UPDATE: AIRRO Presidents comments on Goldberg:
I know many people who have read this article found the quote by Carole Goldberg as troublesome, so I think some context is in order. Carole Goldberg appeared in televeision commercials in favor of tribal gaming, and several gaming tribes donate/sponsor/etc. tribal/indian studies programs at colleges throughout California, including her own UCLA.
Considering every word she says on the subject could affect future funding to UCLA, could we really think she would have an objective opinion on this matter? She sounded more like a tribal leader trying to play down the serious human and civil rights violations involved than a college professor providing a thoughtful analysis of the issue. Comments like hers, coupled with the egregious actions of some tribal officials will eventually lead to a thorough review of this issue by the one entity that has the power to address the injustices- the US Congress. So maybe we should be thanking her instead of cursing her.
READ: Disenrollments: Todays Genocide at NDNnews.com
Picayune Rancheria (Chukchansi) and Pechanga Band of Luiseno Indians (Pechanga) toss out members .
Picayune Rancheria and Pechanga, two like-minded tribes, getting rid of long time members in an thus far successful effort to enrich the remaining members.
Article linked here
"It's what you do as an Indian. I am a Chukchansi Indian," she said.
She is - and she isn't.
The 77-year-old Martinez has been kicked out of the Picayune Chukchansi tribe in the tiny Madera County town of Coarsegold - the tribe where she was vice chairwoman just two years ago, the tribe that is full of her cousins.
The tribal council threw her out last year, just as it has tossed out almost half its membership that in 2000 was 1,500 strong. It's the biggest disenrollment of any tribe in California, observers say.
snip
They kicked me to the curb so they could keep more money for themselves," Martinez said, tearing up as she visited the historic grinding rock, used by local Indians for millennia, near the tribe's rancheria. "Our ancestors would roll over in their graves if they knew."
OP: This is exactly what Pechanga did to 25% of their tribe! And they will tell you it's not about money. Well, then they'd be lying.
But at least 14 tribes have caused enough protests by ejecting members that activists say they have been able to tally 5,000 people disenrolled in the past eight years.
Down near San Diego, the ax even fell on a cousin of Mark Macarro - the chairman of Southern California's Pechanga Band of Luiseño Indians who famously, and successfully, pleaded in TV ads for passage of several Indian gambling ballot initiatives. The cousin was barred from rejoining the tribe after living off the reservation for several years. At least 200 others have been disenrolled. OP: Uh, Mark Macarro went to COLTON High School, his father to San Bernardino High. What a pantsload.
Read these for more information:
Paulina Hunter's Blog
WITHOUT A TRIBE
Pechanga's Bad Business
MYSPACE HUNTER BLOG
Pechanga Tribes Ouster of Members
Please, those of you with blogs, link to my blog and pass it on to your friends. I'm sending it to my friends in the State Assembly.
Article linked here
"It's what you do as an Indian. I am a Chukchansi Indian," she said.
She is - and she isn't.
The 77-year-old Martinez has been kicked out of the Picayune Chukchansi tribe in the tiny Madera County town of Coarsegold - the tribe where she was vice chairwoman just two years ago, the tribe that is full of her cousins.
The tribal council threw her out last year, just as it has tossed out almost half its membership that in 2000 was 1,500 strong. It's the biggest disenrollment of any tribe in California, observers say.
snip
They kicked me to the curb so they could keep more money for themselves," Martinez said, tearing up as she visited the historic grinding rock, used by local Indians for millennia, near the tribe's rancheria. "Our ancestors would roll over in their graves if they knew."
OP: This is exactly what Pechanga did to 25% of their tribe! And they will tell you it's not about money. Well, then they'd be lying.
But at least 14 tribes have caused enough protests by ejecting members that activists say they have been able to tally 5,000 people disenrolled in the past eight years.
Down near San Diego, the ax even fell on a cousin of Mark Macarro - the chairman of Southern California's Pechanga Band of Luiseño Indians who famously, and successfully, pleaded in TV ads for passage of several Indian gambling ballot initiatives. The cousin was barred from rejoining the tribe after living off the reservation for several years. At least 200 others have been disenrolled. OP: Uh, Mark Macarro went to COLTON High School, his father to San Bernardino High. What a pantsload.
Read these for more information:
Paulina Hunter's Blog
WITHOUT A TRIBE
Pechanga's Bad Business
MYSPACE HUNTER BLOG
Pechanga Tribes Ouster of Members
Please, those of you with blogs, link to my blog and pass it on to your friends. I'm sending it to my friends in the State Assembly.
Monday, April 14, 2008
Rep. Diane Watson led CBC Attacks Sovereign Status of Cherokee Nation; Should be attacking Pechanga, Picayune and Redding
Update: Giago brings up this very VALID POINT:
When the CBC begins to use its power to go after some of the tribes of California for ejecting and denying citizenship to their members then, and only then, will their actions against the Cherokee Nation of Oklahoma have the appearance of justice or otherwise their objectivity will always be in question to the sovereign people of the Indian nations.
OP: PLEASE, CBC, solve this discrepancy by going after TWO tribes of California FIRST: The Temecula Band of Luiseno Indians (aka Pechanga) and The Picayune Rancheria of Coarsegold. (Even Bill Cosby refused to perform their due ejections and denial of civil rights. Extend your correct actions against the Cherokee to the two tribes above.
Congressional Black Caucus Attacks Sovereign Status of Indian Nations
By Tim Giago (Nanwica Kciji)
The Congressional Black Caucus, in attacking the sovereign status of the Cherokee Nation of Oklahoma, is placing in question and in jeopardy, the sovereign status of all Indian nations. At least that is the conclusion drawn by many tribal leaders across America.
OP: How else can the government of the U.S. express it's dissatisfaction with what the nation of the Cherokee has done to it's members? The Cherokee want to get rid of it's black members, or some of them, denying them their rights of well over 140 years in the making, then the US can show it displeasure and disagreement in few ways, one of them, denying them funds. After all, the Cherokee will already benefit in the funds it saves from giving the Freedmen benefits, won't they?
By staying with the expulsion of the Freedman, won't the responsibility of eroding tribal sovereignty be weighted on the Cherokee? Shouldn't the others tribes express their concerns to the Cherokee?
In a letter to Senate Majority Leader Harry Reid, the CBC, of which Presidential Candidate Barack Obama is member, demanded that he support their efforts to deny federal funding to the Cherokee Nation. The letter reads:
When H. R. 2786, the Native American Housing and Assistance and Self-Determination Reauthorization Act of 2007, was considered and passed the House Members of the Congressional Black Caucus and others insisted that the bill include a provision that would prevent the Cherokee Nation of Oklahoma from receiving any benefits or funding under the bill until the Cherokee Nation of Oklahoma is in full compliance with the Treaty of 1866 and recognizes all Cherokee Freedman and their descendants as tribal citizens.
We understand that the Senate may be considering a version of this bill that does not include these critically important requirements. We are writing to advise you that the members of the CBC will not support, and will actively oppose, passage of a NAHASDA bill that does not include this limitation. We must send the unequivocal message to the Cherokee Nation of Oklahoma that failure to provide full citizenship rights to the Cherokee Freedmen will have severe consequences.
snip
The bill was introduced by Representative Diane Watson (D-CA). Tribal leaders across America feel that this bill could threaten Indian housing nationwide. They also believe that this action by the Congressional Black Caucus could set a precedent where any Indian legislation could be threatened by any special interest group. In a memo sent out by Indian activist Ron Andrade it was noted that Obama is also a member of the CBC. “Someone needs to ask him how he can reconcile his support of the Congressional Black Caucus and his rhetoric about supporting the sovereign status of tribal governments,” Andrade wrote.
OP: Someone needs to ask Andrade why he used county emails to shill for tribes like Pechanga, discussed HERE and HERE . His own corruption should discussed before Obama's membership in the CBC
Click here for the rest of the story. And tell your friends about Original Pechanga's blog. See related stories HERE and Here
When the CBC begins to use its power to go after some of the tribes of California for ejecting and denying citizenship to their members then, and only then, will their actions against the Cherokee Nation of Oklahoma have the appearance of justice or otherwise their objectivity will always be in question to the sovereign people of the Indian nations.
OP: PLEASE, CBC, solve this discrepancy by going after TWO tribes of California FIRST: The Temecula Band of Luiseno Indians (aka Pechanga) and The Picayune Rancheria of Coarsegold. (Even Bill Cosby refused to perform their due ejections and denial of civil rights. Extend your correct actions against the Cherokee to the two tribes above.
Congressional Black Caucus Attacks Sovereign Status of Indian Nations
By Tim Giago (Nanwica Kciji)
The Congressional Black Caucus, in attacking the sovereign status of the Cherokee Nation of Oklahoma, is placing in question and in jeopardy, the sovereign status of all Indian nations. At least that is the conclusion drawn by many tribal leaders across America.
OP: How else can the government of the U.S. express it's dissatisfaction with what the nation of the Cherokee has done to it's members? The Cherokee want to get rid of it's black members, or some of them, denying them their rights of well over 140 years in the making, then the US can show it displeasure and disagreement in few ways, one of them, denying them funds. After all, the Cherokee will already benefit in the funds it saves from giving the Freedmen benefits, won't they?
By staying with the expulsion of the Freedman, won't the responsibility of eroding tribal sovereignty be weighted on the Cherokee? Shouldn't the others tribes express their concerns to the Cherokee?
In a letter to Senate Majority Leader Harry Reid, the CBC, of which Presidential Candidate Barack Obama is member, demanded that he support their efforts to deny federal funding to the Cherokee Nation. The letter reads:
When H. R. 2786, the Native American Housing and Assistance and Self-Determination Reauthorization Act of 2007, was considered and passed the House Members of the Congressional Black Caucus and others insisted that the bill include a provision that would prevent the Cherokee Nation of Oklahoma from receiving any benefits or funding under the bill until the Cherokee Nation of Oklahoma is in full compliance with the Treaty of 1866 and recognizes all Cherokee Freedman and their descendants as tribal citizens.
We understand that the Senate may be considering a version of this bill that does not include these critically important requirements. We are writing to advise you that the members of the CBC will not support, and will actively oppose, passage of a NAHASDA bill that does not include this limitation. We must send the unequivocal message to the Cherokee Nation of Oklahoma that failure to provide full citizenship rights to the Cherokee Freedmen will have severe consequences.
snip
The bill was introduced by Representative Diane Watson (D-CA). Tribal leaders across America feel that this bill could threaten Indian housing nationwide. They also believe that this action by the Congressional Black Caucus could set a precedent where any Indian legislation could be threatened by any special interest group. In a memo sent out by Indian activist Ron Andrade it was noted that Obama is also a member of the CBC. “Someone needs to ask him how he can reconcile his support of the Congressional Black Caucus and his rhetoric about supporting the sovereign status of tribal governments,” Andrade wrote.
OP: Someone needs to ask Andrade why he used county emails to shill for tribes like Pechanga, discussed HERE and HERE . His own corruption should discussed before Obama's membership in the CBC
Click here for the rest of the story. And tell your friends about Original Pechanga's blog. See related stories HERE and Here
Saturday, January 26, 2008
Pechanga Chairman Macarro AGAIN Caught Lying
OP: This time it's in the latest commercial that he's fronting.
From John Gomez, AIRRO:
The Big 4 Tribes sent out a new bi-lingual mailer asking California voters to vote Yes on their sweetheart deals. The mailer, entitled "Sharing with those in need" states that the gaming tribes will share tens of millions of dollars with tribes that have little or no gaming revenue. In fact, Mark Macarro claims that "limited gaming... has brought prosperity to our people...lifting us out of poverty..." Macarro goes on to state that ".., we believe all members of our sovereign nations should share in our prosperity."
This all sounds warm and fuzzy, and if it were true, Indian Gaming in California could be considered a success. Unfortunately, the claims made in the new mailer are misrepresentations of the actual circumstances surrounding the Big 4 deals.
Currently, non-gaming tribes receive $1.1 million a year under the 1999 compacts signed with the State. However, the Big 4 deals would provide billions of dollars for the Big 4 tribes over the life of the agreements, and the non-gaming tribes will not get a penny more than what was already allocated in the 1999 compacts. You see, the new deals fail to provide additional funding for non-gaming tribes. The rich get richer, and the poorer, smaller tribes make do with less.
And, while it is true that the members of the Big 4 tribes would prosper immensely, Macarro failed to state that the number of members in his own tribe, the Pechanga Band of Temecula, has been reduced drastically since Props 5 and 1A allowed for gaming on California Indian reservations. In 2004 and 2006, just prior to tribal elections in which Macarro ran for re-election as Tribal Chair, a total of nearly 300 members were kicked out of the tribe.
As a result, Macarro and his cronies won their re-election bids and all remaining members of the tribe saw their per capita payments increase from $15,000 per month to the nearly $40,000 per month they receive now. While Macarro and his followers prosper, those who were kicked out of the tribe have been denied medical care, elder and child benefits, and education assistance that were provided based on their status as tribal members. Most must now avail themselves of State and federal government programs at tax payer expense.
Membership does indeed have its privileges, and, as far as I can tell, those who would actually benefit from these deals are members of the Big 4 tribes themselves- a small number of California Indians which, based on the actions of Macarro and his cronies, is getting smaller.
OP: In KNBC's WITHOUT A TRIBE, Macarro was caught lying in the FIRST 15 seconds of the piece. During a General Meeting of the Temecula Band, Macarro, is clarifying a petition brought forth by CNIGA President Anthony Miranda to stop all disenrollment activities, he said, when asked if this included the Hunter Family, "ALL MEANS ALL" and yet, he conspired with his tribal council to unconstitutionally eliminate the Hunter family. (Pechanga Constitution and Bylaws.
From John Gomez, AIRRO:
The Big 4 Tribes sent out a new bi-lingual mailer asking California voters to vote Yes on their sweetheart deals. The mailer, entitled "Sharing with those in need" states that the gaming tribes will share tens of millions of dollars with tribes that have little or no gaming revenue. In fact, Mark Macarro claims that "limited gaming... has brought prosperity to our people...lifting us out of poverty..." Macarro goes on to state that ".., we believe all members of our sovereign nations should share in our prosperity."
This all sounds warm and fuzzy, and if it were true, Indian Gaming in California could be considered a success. Unfortunately, the claims made in the new mailer are misrepresentations of the actual circumstances surrounding the Big 4 deals.
Currently, non-gaming tribes receive $1.1 million a year under the 1999 compacts signed with the State. However, the Big 4 deals would provide billions of dollars for the Big 4 tribes over the life of the agreements, and the non-gaming tribes will not get a penny more than what was already allocated in the 1999 compacts. You see, the new deals fail to provide additional funding for non-gaming tribes. The rich get richer, and the poorer, smaller tribes make do with less.
And, while it is true that the members of the Big 4 tribes would prosper immensely, Macarro failed to state that the number of members in his own tribe, the Pechanga Band of Temecula, has been reduced drastically since Props 5 and 1A allowed for gaming on California Indian reservations. In 2004 and 2006, just prior to tribal elections in which Macarro ran for re-election as Tribal Chair, a total of nearly 300 members were kicked out of the tribe.
As a result, Macarro and his cronies won their re-election bids and all remaining members of the tribe saw their per capita payments increase from $15,000 per month to the nearly $40,000 per month they receive now. While Macarro and his followers prosper, those who were kicked out of the tribe have been denied medical care, elder and child benefits, and education assistance that were provided based on their status as tribal members. Most must now avail themselves of State and federal government programs at tax payer expense.
Membership does indeed have its privileges, and, as far as I can tell, those who would actually benefit from these deals are members of the Big 4 tribes themselves- a small number of California Indians which, based on the actions of Macarro and his cronies, is getting smaller.
OP: In KNBC's WITHOUT A TRIBE, Macarro was caught lying in the FIRST 15 seconds of the piece. During a General Meeting of the Temecula Band, Macarro, is clarifying a petition brought forth by CNIGA President Anthony Miranda to stop all disenrollment activities, he said, when asked if this included the Hunter Family, "ALL MEANS ALL" and yet, he conspired with his tribal council to unconstitutionally eliminate the Hunter family. (Pechanga Constitution and Bylaws.
Thursday, December 27, 2007
Pechanga: A Lousy Casino Deal & bad for civil rights
John Gomez, SR is from the Manuela Miranda family, the first family Pechanga has disenrolled en masse in the history of the tribe. He, along with son John Gomez Jr. are leaders in AIRRO and have spearheaded the drive to restore civil rights to Native Americans. Additionally, they have worked very hard to keep the violations of civil rights perpetrated by Pechanga and other tribes (Redding, Enterprise, Picayune, see: www.tribalcorruption.com )
A lousy casino deal
The expansion of tribal gaming has seen an increase in the number of human and civil rights violations
By John Gomez, Sr.
OPINION
After spending millions in campaign contributions, four of the state's wealthiest and most powerful tribes — Pechanga, Morongo, Agua Caliente, and Sycuan — have cut themselves sweetheart deals for one of the largest expansions of casino gambling in United States history.
As a California Indian and vice-chairman of the American Indian Rights and Resources Organization, an organization working to protect the civil rights of Native Americans, I am deeply concerned that the deals on the February ballot — Propositions 94, 95, 96, and 97 — benefit four tribes at the expense of other tribes, the workers at these tribes' casinos, and California taxpayers.
The big four tribes bring in huge profits from their existing casinos and spend heavily to influence state laws. Yet they are eager to deny California voters their right to decide this issue and have fought to keep these deals off the ballot and prevent the voters from having their say. Could it be that the big four tribes know their sweetheart deals may not hold up to voter scrutiny?
Here are a few reasons to vote no on Props. 94, 95, 96, and 97.
Labor unions oppose the measures because the deals would shower four wealthy tribes with billions in profits but fail to ensure the most basic rights for casino workers, including affordable health insurance. A study conducted by David Farris, a University of California at Riverside professor of economics, found that Agua Caliente's health coverage is so expensive that 56 percent of the dependent children of casino workers are forced into taxpayer-funded health care programs.
In addition, the expansion of tribal gaming in California has seen an increase in the number of human and civil rights violations, especially within tribes that have gaming operations. These abuses have resulted in thousands of disenfranchised Indians being cut off from or denied health care benefits, elder benefits, education assistance, and other social services provided by their tribal governments.
Other tribes also oppose the deals. Just four of California's 108 tribes would get control over one-third of the state's Indian gaming pie. The deals would create dominant casinos that could economically devastate smaller tribes and local businesses. Moreover, the big four deals fail to adhere to the purpose and intent of previous gaming initiatives, which led California voters to believe there would be modest casino expansion and that Indian gaming would benefit all California Indians and taxpayers.
The big four deals would give these tribes an additional 17,000 slot machines. That's more than all of the slots at a dozen big Las Vegas casinos. As a result, California would become home to some of the largest casinos in the world.
While the big four would make billions of dollars from these new deals, promises to taxpayers would fall short. The claims about the amount of money the state would get under these deals are wildly exaggerated, and the state's independent, nonpartisan legislative analyst called the tribes' figures unrealistic. READ MORE *
John Gomez Sr.
Wonderful article.
UPDate: Pechanga Member 1130 links also
A lousy casino deal
The expansion of tribal gaming has seen an increase in the number of human and civil rights violations
By John Gomez, Sr.
OPINION
After spending millions in campaign contributions, four of the state's wealthiest and most powerful tribes — Pechanga, Morongo, Agua Caliente, and Sycuan — have cut themselves sweetheart deals for one of the largest expansions of casino gambling in United States history.
As a California Indian and vice-chairman of the American Indian Rights and Resources Organization, an organization working to protect the civil rights of Native Americans, I am deeply concerned that the deals on the February ballot — Propositions 94, 95, 96, and 97 — benefit four tribes at the expense of other tribes, the workers at these tribes' casinos, and California taxpayers.
The big four tribes bring in huge profits from their existing casinos and spend heavily to influence state laws. Yet they are eager to deny California voters their right to decide this issue and have fought to keep these deals off the ballot and prevent the voters from having their say. Could it be that the big four tribes know their sweetheart deals may not hold up to voter scrutiny?
Here are a few reasons to vote no on Props. 94, 95, 96, and 97.
Labor unions oppose the measures because the deals would shower four wealthy tribes with billions in profits but fail to ensure the most basic rights for casino workers, including affordable health insurance. A study conducted by David Farris, a University of California at Riverside professor of economics, found that Agua Caliente's health coverage is so expensive that 56 percent of the dependent children of casino workers are forced into taxpayer-funded health care programs.
In addition, the expansion of tribal gaming in California has seen an increase in the number of human and civil rights violations, especially within tribes that have gaming operations. These abuses have resulted in thousands of disenfranchised Indians being cut off from or denied health care benefits, elder benefits, education assistance, and other social services provided by their tribal governments.
Other tribes also oppose the deals. Just four of California's 108 tribes would get control over one-third of the state's Indian gaming pie. The deals would create dominant casinos that could economically devastate smaller tribes and local businesses. Moreover, the big four deals fail to adhere to the purpose and intent of previous gaming initiatives, which led California voters to believe there would be modest casino expansion and that Indian gaming would benefit all California Indians and taxpayers.
The big four deals would give these tribes an additional 17,000 slot machines. That's more than all of the slots at a dozen big Las Vegas casinos. As a result, California would become home to some of the largest casinos in the world.
While the big four would make billions of dollars from these new deals, promises to taxpayers would fall short. The claims about the amount of money the state would get under these deals are wildly exaggerated, and the state's independent, nonpartisan legislative analyst called the tribes' figures unrealistic. READ MORE *
John Gomez Sr.
Wonderful article.
UPDate: Pechanga Member 1130 links also
Subscribe to:
Posts (Atom)