NOOKSACK Court of Appeals Enforced Contempt Order: Tribe Forfeits it's Claim to Equal Status with Other Sovereign Tribes.
Is Bob Kelly running a protection racket at Nooksack?
If the Nooksack Court of Appeals orders are simply ignored by the Tribe's government officials, the Nooksack government ceases to operate under the rule of law and as a result it forfeits it's claim to equal status with other sovereign tribes any right to demand other jurisdictions respect Nooksack Tribal Court orders or that other sovereign governments deal with it government to government and it's legal authority to govern the Tribe.
In Re Gabriel Galanda v Nooksack Tribal Court Order on Motion to Enforce Contempt Order
Landmark Case in St. Croix Tribal ENROLLMENT Now in the Judge's Hands.
Hopefully some GOOD NEWS coming at St. Croix
The case involves the enrollment status of Brady Lowe, Jordan Lowe, Seth Stolpan, Brooke Ammann and Anthony Ammann. In order to gain back their tribal membership, they appealed their disenrollment, their only option left to gain back their tribal membership. -
The key points of the case start with the tribe having burden of proof that the Lowe brothers, Stolpan, their cousin, and the Ammann siblings were erroneously enrolled by the previous tribal council.
That enrollment action took place on Aug. 5, 2013, and is the centerpiece for much of the case. The petitioners' names included on that enrollment resolution were approved by the council 5-0, according to meeting minutes and tribal government documents.
However, Frank contended that the resolution was not approved by the full tribal council. Full council approval is required by tribal ordinance for enrollment into the tribe. Beverly Benjamin, a tribal council member at the time, testified that for the roll call vote on the resolution she did not verbally vote and was against the resolution.
The petitioners contend that the tribal council intended to enroll them because of the witness testimony of four people: Aimee Awonohopay, council member at the time; Sunshine Crowe, director of enrollment at the time; Phyllis Lowe, council member at the time; and Teri Lowe, enrollment assistant at that time. Each of these people testified that the council voted on a voice vote to approve the enrollment.
"The overwhelming evidence from the people who were at that hearing was that there was a clear intent on the part of those five council members to enroll those individuals," said Paiement.
Frank stated that calling the case an issue of disenrollment was inaccurate in that they would have to have been legal members of the tribe first in order to be disenrolled.
"The tribe's issue from the beginning is that these people did not become legal members," said Frank. According to Frank, the tribe's focus is on making sure the law and procedures of the tribe are followed, in this case the laws and procedures of tribal enrollment.
Frank pointed out that documents to support the requirement of at least half St. Croix Indian blood were lacking for all the petitioners. However, both the Ammanns and the Lowes testified that there is no reason or evidence to prove they should not be enrolled in the tribe. Frank also called into account the adult moratorium in place for the tribe which makes any adult ineligible for enrollment.
This, he stated, should have barred any adult from entering the tribe. Paiement contended that the vote by the tribal council to enroll the adults in 2013 was a repeal of that moratorium. Both parties did agree on the point of asking the court to consider the credibility of the witnesses for both parties carefully.
Posted by OPechanga at 2:38 PM
NEW Disenrollment Activity at Picayune Rancheria of Chukchansi Indians.
Just days after the justice at Enterprise Rancheria, a tribe that restored membership to many disenrolled over a decade ago, it seems like the leadership of the Picayune Rancheria of Chukchansi Indians are using tribal disenrollment as their personal plaything.
Word coming from Chuckchansi is that some more disenrollment letters went out.
The faction that is made of distributees received letters of disenrollment. This faction is being called "a tribe" by John Peebles and the 7 Tribal Council members. This was the Wyatt-Ramirez clan I believe who at one time wanted only their group to make up the tribe. (KARMA?)
Enterprise Rancheria RESTORES 25 Disenrolled Members to Rightful Place in Tribe; UPDATE: ANCESTORS RESTORED, Reportedly
Congratulations to the Enterprise Rancheria for finding it in their hearts to DO THE RIGHT THING. It's not difficult.
Thirteen years after disenrolling 73 tribal members, in a move that was orchestrated and illegal in 2003, the Tribe sent letters of appeal for potential membership in the tribe. 25 disenrolled members applied for reinstatement.
Each member was individually interviewed by the General Council. A VOTE of the tribe was taken and ALL 25 were returned to the tribe.
Many of our disenrolled, chose not to appeal to return to the tribe. Mainly because the same tribal leaders who orchestrated theirr disenrollment are still in leadership positions.
Still to be determined: Elders that have passed since disenrollment could receive their memberships back posthumously. UPDATE: It has been reported that those who have passed HAVE been restored to the tribe.
Let's hope this HUGE step in both ATONEMENT and RECONCILIATIONS will inspire other tribes to do right by their people. Honor the ancestors and bring ALL THE PEOPLE HOME.
Congratulations to the Enterprise Rancheria, for restoring HONOR and Dignity to their people
Holly Cook Macarro, Wife of Tribal Chairman That has STOLEN $500 MILLION from Disenrollees Raises $400K to HILLARY
Indianz.com is reporting a Washington Post story of big time lobbyists raising money for the ethically challenged Hillary Rodham Clinton.
Ethically Challenged Democrat Candidate
Prominent Indian lobbyist Holly Cook Macarro has raised $431,000 for Democratic presidential candidate Hillary Clinton, The Washington Post reports.
As a bundler, Macarro was one of the lobbyists who raised the most money for the Hillary Victory Fund, the paper reported. The fund is a joint effort of Clinton's campaign and the Democratic National Committee.
Macarro is a member of the Red Lake Nation who worked at the White House during the Bill Clinton administration. She is now a partner at Ietan Consulting, an Indian law, lobbying and policy firm.
Macarro is married to Mark Macarro, once the subject of a recall attempt, the chairman of the Pechanga Band of Luiseno Indians. Macarro, along with a felon were recently re-elected to the Tribal Council.
NOOKSACK GENERAL COUNCIL: WE are the TRIBAL LAW, NOT Corrupt Council
Last Real Indians has a good news story, so far, of the General Council of the Nooksack Tribe standing up for their TRIBE, against the corrupt actions of a few council members.
Because the holdover Tribal Council refused to convene an election for four Tribal Council seats that was constitutionally required by March 19, 2016, and overthrew the Court before the election was about to be judicially compelled, the General Council convened the meeting and held its own election.
Four non-Nooksack 306 members were elected to office: Robert Doucette, Vice Chairman, Bernie Roberts, Treasurer, Ron Roberts, Councilperson, and Jeremiah Johnny, Councilperson. Doucette served on the Tribe's first Tribal Council after its recognition in 1973, and Bernie Roberts also previously served on the Tribal Council.
The new Councilpersons will soon be sworn in before the remaining four Councilpersons: Bob Kelly, Chairman, Nadene Zapata, Secretary, Carmen Tageant, Councilperson (whose recall from office by the holdover Tribal Council, the General Council also invalidated), and Bob Solomon, Councilperson.
Attendance was high despite now-former Councilperson Katherine Canete, who also serves as the Tribe's General Manager, having sent an email out to all Nooksack employees just hours before the meeting, threatening any employee who attended the meeting with the loss of their job.
The meeting was held beyond Nooksack tribal lands, at the Deming Logging Show facility, to avoid interference or arrest by the Tribal Police, whose chief has failed to uphold tribal law in taking a court clerk to jail for violating
Read the rest of the story at: Last Real Indians
Pechanga Resort and Casino Site of Drug Bust: Meth and Heroin
Two Orange County residents suspected of drug-related crimes were arrested Saturday, July 16, at the Pechanga Resort and Casino in Temecula.
Apartheid Reservation site of Drug Bust
Rudy Torres and Karina Melgoa, both residents of Santa Ana, are being held at the Southwest Detention Center on suspicion of possession of a controlled substance, a Riverside County Sheriff's Department news release states.
At 5:24 a.m., (Nothing good happens after midnight?) deputies responded to the casino, located in the 45000 block of Pechanga Parkway, in response to reports of drug activity at a vehicle inside the parking structure.
During a preliminary search, deputies found a large amount of methamphetamine and heroin in Torres' clothes, the release states.
A subsequent search of the vehicle uncovered 183 grams (6 oz.) of methamphetamine and various drug contraband.
Posted by OPechanga at 12:02 PM
EPIC Bureau of Indian Affairs FAIL: AGUAYO v. Jewell Filing for EN BANC Hearing for FAILURE to Uphold Fiduciary Responsibility.
Those Pala people that have had their citizenship STRIPPED by the corrupt Robert Smith have NOT given up. This time, their fight is AGAIST THE BIA, for FAILURE to do their Fiduciary Duty.
Thanks to Indianz.com for linking to my blog
DRIVEN OUT with ASSISTANCE of the BIA
We posted last month about the loss at the 9th circuit. In reading the case from our layman's position, it seemed CLEAR the appeals court took the easy road to dismiss the case.
They didn't even see that it was the Federal government's trust responsibility to Natives to protect their rights.
The Department has a discrete legal trust duty under 25 U.S.C. § 2 toensure tribal governing documents are legitimately adopted by the Tribe as a whole.
Petitioners also contend that the Department has a legal trust duty to honorfinal decisions between the Department and the tribal government. Fed. R. App. P. 35(b)(2); 9th Cir.R. 35(a)(2).
When the Department legally recognizes a tribal constitution and enrollment ordinance not passed by the majority of tribal members, it violates the Department's trust responsibility and invites tribal corruption, oppression, tyranny and dictatorship.
MONEY QUOTE: The Bureau's own former employee, Elsie Lucero stated under oath that the Band never legally ratified the Constitution as its governing document. [ER195-196] The submitted records demonstrate that the Department continued to recognize the Articles of Association as the Band's governing document in its government-to-government relations both prior to petitioners' agency appeal claiming that the Articles of Association were the Band's governing document, and after the Assistant Secretary issued the Department's 2013 decision.
Here is the filing, please, read, comment and SHARE. Are you following me on Twitter @opechanga.
AGUAYO v Jewell HEARING Request for EN BANC
Pechanga ReElects Corruption to Lead Tribe: Macarro Remains Chairman. FELON re-elected to Council
Thank you to all of you who had sent me election results. We appreciate having the results.
Looks like Corrina Sanchez is out of a job and a huge payday.
UPDATE! NOOKSACK People to Hold Meeting to TAKE BACK THEIR TRIBE from Kelly Faction's Corruption
After months of Bob Kelly and some council members maintaining positions PAST their expiration date, it appears the NOOKSACK people are working to TAKE BACK THEIR TRIBE. We've written about the corruption of the Bob Kelly Faction....now, it looks like tribal citizens are at the end of their rope, From a Facebook post. THIS EFFORT has NOTHING TO DO With the Nooksack 306 issue.
Dear Nooksack People,
By now you have heard rumors that there is going to be an Emergency General Council Meeting on July 14th at the Deming Logging Show. The rumor is true. Please attend! The time is NOW! The plan is to discuss holding an election to fill the 4 seats for Vice Chairman, Treasurer, and the 2 councilman positions.
We want to hear from you--the people. You are the VOICE! This ex-councils position was to listen to the voice of the people. The people are the ones who VOTED them in. The people are the ones with the POWER to vote them out.
Posted by OPechanga at 10:25 AM
Labels: Bob Kelly, Nooksack Tribe
PECHANGA LOSES $2.88 MILLION Arbitration Award: Eric Traut Represented Former Teacher.
A record $2.88M arbitration award was issued June 22, 2016, by a retired judge following a slip and fall incident by a schoolteacher resulting in loss of ability to work due to a concussion with vertigo and nausea. It is the only case to proceed to binding arbitration against the Pechanga Casino and the largest verdict in the state's history against the Pechanga Indian Reservation under the Pechanga Tort Liability Act.Attorney Eric Traut represented the claimant to its conclusion after coming on as lead counsel only four months prior to the five-day arbitration.
Pechanga offered $60,000....
9th Circuit Rules in FAVOR of BIA in Pala Disenrollment AGUAYO Case
Disappointing news...
Affirming the district court's summary judgment in favor of the defendants, the panel held that the Bureau of Indian Affairs did not act arbitrarily and capriciously when it concluded that, according to tribal law, it had no authority to intervene in a tribal membership dispute, in which more than 150 people were disenrolled from the Pala Band of Mission Indians
In reaching our decision, we recognize with regret that Plaintiffs will suffer severe and significant consequencesfrom losing their membership in the Pala Band. It is also plausible that Plaintiffs were disenrolled unjustly, or in a manner not in accordance with tribal law. But the AS-IAaptly noted that "in the exercise of sovereignty and self-governance, tribes have the right, like other governments, to make good decisions, bad decisions, and decisions with which others may disagree." The federal government does not interfere in those decisions in the absence of specific authority to do so PALA Tribe Disenrolls over 150 Family Members - Britten Family Ousted
National Indian Education Association Accepts Sponsor Who FORCEFULLY EVICTED Native Children from it's School
The National Indian Education Association has this up on their website:
NIEA will offer a free Convention App to all attendees thanks to the generous sponsorship of the Pechanga Band of Luiseno Indians Tribal Council.
Pechanga has an Apartheid system of segregation and descendents of the HUNTER family were escorted OFF Tribal school property after disenrolling their parents. Here is my cousin Akeva McKeaver explaining how Pechanga Tribal Rangers forcefully removed her children from school.
Wow...just WOW....
Longtime Pechanga Chairman Mark Macarro Challenged In Upcoming Election by Ken Perez and Phillip Ibanez
Former Calipatria police chief and Pechanga tribal council member Ken Perez is on the ballot, challenging the corrupt Pechanga Band of Luiseno Indians chairman Mark Macarro , who was once the subject of a recall petition.
It will be interesting to see the vote totals pitting an honest man, vs. Macarro.
It is also a chance for the tribe to eject felon Raymond Basquez Jr. from their council and restore some dignity.
Labels: Ken Perez, Mark Macarro, Raymond Basquez Jr.
NOOKSACK Court of Appeals Enforced Contempt Order:...
Landmark Case in St. Croix Tribal ENROLLMENT Now i...
NEW Disenrollment Activity at Picayune Rancheria o...
Enterprise Rancheria RESTORES 25 Disenrolled Membe...
Holly Cook Macarro, Wife of Tribal Chairman That h...
NOOKSACK GENERAL COUNCIL: WE are the TRIBAL LAW, ...
Pechanga Resort and Casino Site of Drug Bust: Meth...
EPIC Bureau of Indian Affairs FAIL: AGUAYO v. Jewe...
Pechanga ReElects Corruption to Lead Tribe: Macarr...
UPDATE! NOOKSACK People to Hold Meeting to TAKE BA...
PECHANGA LOSES $2.88 MILLION Arbitration Award: Er...
9th Circuit Rules in FAVOR of BIA in Pala Disenrol...
National Indian Education Association Accepts Spon...
Longtime Pechanga Chairman Mark Macarro Challenged...