Thursday, July 14, 2011

Congressional Panel Looks to Reverse Supreme Court On Land/Trust Issue; Avoids Civil Rights Issues

Legislation seeking to expand the federal government's authority to place land into trust for Indian tribes drew a mixture of praise and criticism Tuesday, as the contentious plan came before a congressional panel.    Read the Press Enterprise story

Supporters argue that action is needed to end unequal treatment of tribes under current law. Opponents say the legislation ignores the concerns of non-Indians -- including Inland Southern California residents -- living near reservations. And, they say, it would pave the way toward unchecked proliferation of Indian gaming operations, particularly in California.


Debate over the U.S. Interior Department's power to take land into trust follows a 2009 U.S. Supreme Court decision that the agency does not have the authority to do so for tribes that were not federally recognized in 1934, when the landmark Indian Reorganization Act was passed.    Do we really want the BIA to have more power?

"This decision creates two classes of Indian tribes -- those that can have land in trust and those that cannot," Rep. Tom Cole told members of the House subcommittee on Indian affairs. "This two-class system is unacceptable."

Cole, R-Okla., authored one of two pending bills that would effectively reverse the Supreme Court and give the Interior Department power to take land into trust for tribes, regardless of when they became federally recognized. His version exempts land in Alaska from that authority, while the other version, introduced by Rep. Dale Kildee, D-Mich., applies to all federally recognized tribes.

Rep. Joe Baca, D-Rialto, (who gets a lot of money from tribes, and who fails to respond to Indians whose rights are violated.) is among 27 co-sponsors of the latter bill.

Broad Interior Department authority to place land into trust ignores concerns held by local communities affected by the expansion of reservations and gaming operations, critics say.

"Congress must deal wholly and fully with the impacts caused in states and local areas populated with communities of non-Indian citizens who will directly and financially suffer the impacts of federally created gaming," said Cheryl Schmit, director of Stand Up For California, a statewide group that focuses on gambling issues.

Supporters of the legislation note that 95 percent of the roughly 2,000 pending requests from tribes to have land taken into trust on their behalf are for non-gaming purposes. Schmit argued that tribes often change their stated plans for land once it is safely in trust, often to further their gaming operations.   WE discuss that issue HERE  where John Macarro said:   , "Once the land is placed in trust, a tribe has complete zoning and planning authority over it and can change land uses just as a county or city can change or update its general plan or zoning designations

Currently, there are 78 tribal groups seeking federal recognition in California, including 11 in the Southern part of the state, Schmit said. Additionally, there are 135 pending requests for land in the state to be placed into trust for recognized tribes.

Locally, the Soboba Band of LuiseƱo Indians is moving forward with a 535-acre project to include a new hotel and parking facility.

San Jacinto resident Jerry Uecker, who was at Tuesday's hearing but did not testify, said he is concerned about what the project will mean for the 1,200 people who live in three small communities adjacent to the land in question.

"The life they'd hoped for is at risk," he said.

In a statement issued Tuesday, Soboba leaders maintained that the project would not lead to expanded gaming, increase crime or hinder access to emergency services to the non-Indian residents in the area.
The proposed legislation would not affect the Riverside County tribe, since it was recognized prior to 1934.

Once land is into trust, tribes, including those like Pechanga, which practices apartheid on their reservation, can do what they want.

Wednesday, July 13, 2011

AIRRO Executive Carolyn Lubenau Gives First Person Report of The Violations of Civil Rights in Indian Country

Carolyn Lubenau is a disenrolled member of the Snoqualmie Tribe of Washington State.   We've written about their issues HERE,   HERE  and Here...     Carolyn is on the board of AIRRO, which works to gain civil rights lost to individual Indians in this country.

She's written a piece at Socyberty.com that tells HER story and those of the Snoqualmie 9.   Please share this with your friends, these stories must be told.   



Native Americans do not have the full rights of American citizens within their tribal governments. In 1924 the United States Congress passed the Indian Citizenship Act but it did not bestow on Native Americans guaranteed civil rights……just the right to vote in U.S. elections but it wasn’t until 1948 that it was even enforced and even today there are places where Native Americans cannot vote in our nation’s elections.


In 1968 Congress passed the Indian Civil Rights Act but yet again they did not include enforcement and the Act is just a suggestion to the tribe’s to grant civil rights to their citizens. It is not enforceable and the Federal courts say they do not have jurisdiction to hear Indian Civil Rights cases brought to them and deny Native Americans the rights everyone takes for granted.

On their Banishment:


In April of 2008, I and eight other tribal members were illegally banished from the Snoqualmie Tribe. Banishment in our tribe is a permanent exile, a death sentence. Our descendants are erased with us and our entire families punished for events they were hardly aware of. Most people when they hear the term “banished” think of violence, of lifetimes spent breaking the law and repeat offenders of serious crimes. Our banishment can only be described as an illegal, political maneuver.


Prior to the banishment, all nine of us have served on the Tribal Council. Five of the nine banished, including myself, were elected officials serving on the council immediately before the banishments. Three of the banished were our spiritual leaders; one is a minister in the 1910 Indian Shaker Church, the church my late Mother belonged to. One spiritual worker was banished for saying a prayer…..a prayer the tribal chief felt admonished his actions. They charged our minister with treason yet his only “crime” was being related to the five elected officials.

READ MORE HERE

Thank you Carolyn for your support, and for taking the fight public.


 

Tuesday, July 12, 2011

Cherokee Supreme Court Orders another Recount. Chad Smith Declares it a Victory

The Tahlequah Daily Press is reporting that the Cherokee Supreme Court has just ordered the recounting, by hand, of all 15,000 ballots cast in the general election. Counting begins at 8:30 a.m. Saturday.

There have been some shenanigans, let's hope they get this right.

Former First Lady Betty Ford's Funeral Today; A Pechanga Connection Through The Hunter Family

The funeral for former First Lady Betty Ford is today in Palm Desert.  She was one of our most beloved First Ladies.

There is a Pechanga connection to Mrs. Ford:  In November 2010, we wrote an appreciation for Mary Ann Poole, a deceased Pechanga Tribal Member, who was posthumously removed from the Pechanga Band of Luiseno Indians:

In any case, Mary Ann was transferred to Wash DC and I went to Kami Seya, Japan. She spent an interesting year in DC. She worked for the National Security Agency (NSA) in their communications center.



Also, since she was one ofthe service women who had a Top Secret security clearance, (OP: Anyone think the Pechanga Tribal Council could get one? Or the Masiel Crime family?) and was deemed trustworthy, she was asked from time to time to babysit the kids of the "big wigs". She wound up sitting with Gerald Ford's kids on several occasions, a job that she was proud of, especially since he later advanced from just a US Congressman from Michigan to the US Presidency.

Sadly, Pechanga has severed that connection to the former President Gerald R. Ford and his family, by terminating the descendents of Paulina Hunter, whom Pechanga's own hired expert proved was Pechanga.   Pechanga also removed their page honoring their Veterans, because most of their veterans were from the Hunter family...

$100 Million Casino San Pablo: Tribe Says NO RAISES, Health Insurance Cuts for employees.

Casino San Pablo might be drawing all aces these days, but luck may have run out for its workers.

Cocktail waitresses, bartenders, floor walkers and other union members are locked in a contract stalemate with the tribe that owns the booming East Bay gambling hub.

At issue: the 350-member tribe earned over $100 million last year on gaming revenues, yet is refusing raises to its employees, whose average salaries are $9.50 an hour.

"It seems like they're turning their back on us," Isidoro Saravia-Ramos, 58, a dishwasher at the casino for 10 years, said through a translator. "We want the casino to succeed, but we as workers need to succeed, too."

The tribe offered a contract to its 200 union workers in May that included no raises and deep cuts in health insurance and other areas. New employees, for example, would start at 2002 wages and not be eligible for health insurance for a year.

Only four union members voted yes on the contract.



Read more:

Monday, July 11, 2011

Cherokee Court Stops Investigation to Count Envelopes

The Cherokee Nation Supreme Court interrupted its third day of hearing Principal Chief Chad "OUR SLAVES WERE WELL TREATED" Smith’s challenge to the June 25 election results to do a little counting of its own. Apparently, there are MORE ballots than envelopes.

Shortly after Chief-elect Bill John Baker’s team completed its direct examination of Terry Rainey, president of Automated Election Services, the court ordered an examination of the absentee ballots and the corresponding mailing envelopes.

Rainey told the court that comparison would be the best way to establish a base line to determine whether Smith’s allegations of “vanishing votes” are credible.

The envelope count, which according to observers concluded shortly before 9 p.m. Sunday, revealed that 6,166 envelopes were received by the election commission. A counting of the ballots was under way at press time.

Rainey’s comment came in response to the Baker camp’s inquiry about whether there was any evidence that would show the June 30 recount of the ballots cast in the principal chief contest was flawed.

Unofficial returns posted June 26 initially gave Baker an 11-vote lead, but the tribe’s election commission declared incumbent Chief Chad Smith the winner the next day by seven votes. A hand recount June 30 showed Baker beat Smith by 266 votes, 7,613-7,347, but with 251 fewer ballots.

Smith contends the difference in the totals for the initial results and the recount can be traced to the fact that 273 fewer absentee ballots were recorded during the recount. Baker contends those ballots were counted twice election night.

At least one election commissioner said a comparison of the number of envelopes and absentee ballots would help determine whether Smith’s theory of “vanishing votes” is sound.

“I would count the number of ballots and the number of envelopes,” Election Commissioner Martha Calico said in response the court’s inquiry about how to resolve the discrepancy.

The count of those items began about 4 p.m. Sunday. It was conducted behind closed doors at the commission’s offices with only the parties, their lawyers, the justices and election commission officials present. Media representatives were barred from the out-of-court proceedings.

Councilman Chuck Hoskin Jr., a spokesman for the Baker campaign, said the court’s decision to halt the proceedings and count the absentee ballots and envelopes won’t advance Smith’s case.

“The court is curious, but we think the same issues are the same issues — the recount was valid and was done very thoroughly,” Hoskin said. “But we are going to be patient and wait and see what the court has to say

READ MORE HERE

Coyote Valley Tribe Votes to REMOVE Six Tribal Council Members; New Corruption Replaces OLD Corruption

New tribal leaders as corrupt as the OLD tribal leaders?

Seven years after federal law authorities swooped onto the Coyote Valley Reservation in Redwood Valley, seizing computers and documents to support allegations of wrongdoing by the tribal council, the tribe remains in upheaval.

Current tribal leaders, who helped oust the scandal-tainted former council, are now themselves the targets of a coup.

Two weeks ago, the Central California Bureau of Indian Affairs upheld a vote by the tribe's general membership to remove six of the seven council members and the tribal chief.

"They're doing the exact same thing (as the former council). Just not as blatant," said tribal member Correy Alcantra, who is leading the uprising and has been tentatively appointed to the council.

Change is not expected anytime soon. The incumbent council is expected to appeal the BIA decision, starting a process that could take years, Alcantra said.

The tribe's council chairman and its attorney did not return phone calls. Chief Richard Campbell said he doesn't believe the vote to remove him from office is legitimate.

"The way I see it personally, it's all going to die on the vine," he said. Campbell declined to comment further.

Alcantra's complaints against the incumbent council include that at least one member used tribal credit cards for personal use.

Several members of the prior tribal council were indicted on charges that included misuse of tribal and casino funds, but the case fizzled after several years and most of the more serious charges were dropped. By 2008, all that remained were a few charges of failure to pay taxes against two of the tribal leaders.

See MORE HERE

Friday, July 8, 2011

KNBC Reporter Mary Parks has Fans Looking to Keep Her On at KNBC

In april we reported that KNBC's Mary Parks was let go from the station.  That's distressing in itself as Mary did the interview of the victim of  Pechanga Security Guard Beating and wasn't afraid to ask the difficult questions.

We are pleased to report that there is NOW a Facebook Page looking to keep Mary Parks and you can access it at this LINK .      We need friends and allies to get our word out and since Mary would do the reports on the bad news from Pechanga, that should count for something.    If you are on FB, PLEASE join the fan page.


My understanding is that NBC VP Valari Staab is a decision maker:   valari.staab@nbcuni.com     Drop her a note.

Will California LOSE Indian Casino Money? If Compacts are Voided, Shouldn't We Allow Gambling in CA?

Schwarzenegger's failed coercion plan to wring dollars from the Rincon Tribe, could lead to California losing Indian Casino dollars.   Tribes will follow Pala's lead and look to renegotiate.    Should this be the time time for California to get into the gaming business?  We could regulate it, tax it and benefit from the dollars the we know tribes are keeping for themselves.

John Myers writes in Capitol Notes:

The final chapter in a fight dating back to the seeds of Rincon's anger in 2005 was written on June 27, when the U.S. Supreme Court refused to hear the state's appeal of a lawsuit won by the tribe. That lawsuit was sparked by the deal former Governor Arnold Schwarzenegger offered to renegotiate Rincon's original 1999 casino compact: a percentage of the profits for the general fund.


Rincon successfully argued that such a demand amounted to a tax, something states can't generally assess against tribes under federal law. In particular, the case highlighted the issue of tribal "exclusivity" to Nevada-style casino operations... something Schwarzenegger suggested was worth a cut of the action, but which Rincon argued it already possessed thanks to two voter-approved ballot initiatives.


The real question -- the $364 million question, in fact -- is whether the Rincon decision opens the door for the tribes that did sign those revenue sharing deals to stop sending money to Sacramento.


"I think we need to go in and reevaluate our situation," said Robert Smith, chairman of the Pala Band of Mission Indians near San Diego. In a phone interview on Wednesday, Smith said his tribe pays $18 million a year to the state's general fund and would like Governor Brown to consider changing that agreement.


While exactly how many of the 15 tribes that pay into the general fund are thinking the same thing isn't known, several sources confirm there are others. One that did so on the record is the United Auburn Indian Community in Placer County, according to tribal attorney Howard Dickstein. Dickstein has also represented Pala and is one of the architects of California's original tribal compacts.

"I think tribes that continue to contribute [money] have serious questions," he said in a phone interview. "It's a new ballgame."

With the actions of tribes like Picayune, Enterprise, Redding and Pechanga, can we really trust they want the best for all Californians?   In fact, didn't they swear to us, that their NEGOTIATED compacts with Schwarzenegger were what was BEST for California?    They would help balance our budget from deficits?    How is that working out for us?

Thursday, July 7, 2011

The World Series of Poker MAIN EVENT is Underway

It's that time of year again!  The World Series of Poker is underway.   The good news?   Doyle Brunson has changed his mind about playing this year and is in the tournament.

Phil Hellmuth was defeatedn in the Players Championship, missing a chance at his 12th bracelet for the 3rd time this year. 

Good luck to all the players.   Who is your favorite?

Tuesday, July 5, 2011

After Schwarzeneggers Incompetent Handling of Gaming Compacts; Pala Tribe Wants to Renegotiate

Arnold Schwarzenegger's legacy will be FAILURE.    Here's more evidence of that from Ed Sifuentes of the NCTIMES:


The Pala Band of Mission Indians in North County says it wants to renegotiate its gambling agreement with the state following the Rincon Band of Mission Indians' court victory last week against the state over casino payments.

Pala, which operates a casino and resort complex on its reservation east of Fallbrook, agreed in 2004 to pay millions into the state's general fund in exchange for more slot machines. The tribe pays about $18 million a year, said Pala Chairman Robert Smith.

The state's general fund is its main pot of money to pay for government operations. The state is partly resnposible for overseeing tribal gambling, which voters legalized

Then-Gov. Arnold Schwarzenegger offered Rincon, which operates a Harrah's-brand hotel and casino near Valley Center, a similar deal but the tribe rejected the offer and sued the state in federal court. Rincon argued the payments amounted to an illegal tax and the courts agreed.

Rincon won the lawsuit last week after the U.S. Supreme Court declined to hear the state's appeal of a lower court's decision.

Smith said Pala wants a new deal based on the court's decision.

"I think the revenue we pay to the state needs to be re-evaluated," Smith said.

The tribe is willing to keep paying but not into the general fund, Smith said. He would prefer that the payments be used to address local problems, such as law enforcement, fire protection and road improvements, the chairman said.

If other tribes follow Pala's lead, the state could lose hundreds of millions in revenue, making its budget woes much worse. Fifteen tribes, including Pala, pay a combined total of $360 million a year into the general fund, according to the state.

Thus far, no other tribes have stepped forward to renegotiate their agreements since last week's court decision. The Viejas Band of Mission Indians in East County, which has an agreement similar to Pala's, said last week that it has no plans to renegotiate.



Read more: http://www.nctimes.com/news/local/sdcounty/article_68630f8e-6ba7-5057-973f-bf43f071c26e.html#ixzz1RHN8eASs

Monday, July 4, 2011

Happy 4th of July to All Original Pechanga's Blog Readers.

Independence Day 2011 marks the 6th year of termination for the Pablo Apish descendents from the Manuela Miranda family and the 5th year for the family of Original Pechanga Allottee Paulina Hunter, who Pechanga's expert proved was indeed Pechanga Indian.  It's been more than a DECADE for Moratorium people. We'd like to wish all readers across the county a very happy 4th of July.

We will continue to fight for our rights as Pechanga people and continue to work for the rights of all disenfranchised Native Americans.    America's independence was not won overnight and this struggle of ours, can't be won overnight either.

We must continue to educate our politicians and our local citizenry at every opportunity.   We've had some successes and success breeds success.   We need more friends and family to get involved and help keep the volume of the injustices perpetrated on Indian people...BY Indan people, mainly the corrupt tribal councils that proceed in stripping civil and human rights from Indian people across our country.

Please HELP us.  How?  By passing this blog along to your friends, by visiting here often and by sharing the link http://originalpechanga.com/  on your Facebook and MySpace pages.   You can help us be more visible and increased visibility is one way for us to combat the excessive amounts of money that gaming tribes have.    We have already forced Pechanga to spend more money than they ever dreamed and we've shown their lies to Congress, causing them to lose an important water rights issue.    We are currently working on sanctions that the BIA Director Amy Deutschke told our teams were possible.   We expect that to have an effect.  

Happy 4th of July!

Saturday, July 2, 2011

Hoopa Valley Tribe: Who Needs that First Amendment Anyway? Shuts Down Newspaper Over Controversial Articles.

The Hoopa Valley Tribal Council chairman shut down the tribe's newspaper through a memo sent Friday afternoon, citing financial issues and disagreement over controversial articles.
The Two Rivers Tribune, the tribe's newspaper for nearly 20 years, is a weekly newspaper distributed throughout Eastern Humboldt. According to the publication, it is the last Native-owned newspaper in California.
According to a copy of the memo sent to the Times-Standard, Tribal Chairman Leonard Masten directed that the newspaper be closed immediately. He said the tribe was losing money by subsidizing the paper, but also pointed to recent controversial articles focused on marijuana issues and an interview with Bruce “Jason” Stallings-Hunsucker, a man wanted for his alleged involvement in the shooting death of a well-respected Willow Creek resident.

Interim Managing Editor Allie Hostler said the memo, which is dated Thursday but was received by the paper around 1:30 p.m. Friday, came as a shock. She disputed the financial issues, citing her audit of the paper's financial records. Furthermore, she said, she's concerned about what this will mean for the paper's advertising contracts, which are active for another six months.


”It's just really disturbing that one man who didn't like our articles can basically take two decades worth of hard work on our part, and just close it,” Hostler said.

Read the rest of the story  HERE

Friday, July 1, 2011

UPDATED: Supreme Court RULES RECOUNT CERTIFICATION STANDS! Cherokee Recount Complete: BILL JOHN BAKER Defeats Chad Smith by 266 votes

UPDATE:  CN Supreme Court has ruled: Thursday night's recount certification stands.



UPDATE:    Officials at CN holding an emergency hearing this morning at the election board. Chief Chad Smith's campaign seeking to de-certify yesterday's recount.  This is after a full hand recount showing his "election" by 7 votes was a sham..... The Tahlequah Daily Press is reporting that all media has been removed by Election Commission Chairman  Roger Johnson.

There seems to be something fishy going on in the Cherokee Nation of Oklahoma.

First result, Bill John Baker wins, suddenly Chad Smith, the incumbent finds 20 votes to be declared Principal Chief.  A court ordered recount and Bill John Baker wins by 266 votes.     The election commitee has some explaining to do don't you think?

Is their motto,  A LIE IS AS GOOD AS THE TRUTH, if you can pull the wool over their eyes?

A court-ordered recount of last Saturday's principal chief election of the Cherokee Nation indicates challenger Bill John Baker defeated incumbent Chad Smith by 266 votes.   What?  Not 10, not 20  but 266 votes?


Those recount tallies were just certified by the election commission.

The Tahlequah Daily Press will have the full story tomorrow.   They have been terrific in getting the word out