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JUN 1 6 1995 Acting Superintendent, Southern California Agency PALA BAND - Proposed Constitution Area Director, Sacramento Ares Office Attention: Tribal Operations Forwarded for your review and subject to Area Director's approval is the original Constitution of the Pala Band. ‘The rev document was adopted through ballot vote on November 22, 1994. Agency received the document on March 21, 1995. Please be further advised that a proposed draft of the revised Articles of Association was submitted to the Agency on November 16, 1993. Review of that document was completed om December 38, 1993 and returaed to the Band with recommendations for consideration. Attached ere Agency comments and/or recommendations. Agency withholds its recommendation for approval. Any further questions may be directed to the Branch of Tribal Operations at (909) 276- Albee Yep Attachinent(s) 3. 9. SOUTHERN CALIFORNIA AGENCY COMMENTS AND/OR RECOMMENDATIONS 0} ‘Suggest language change from “replace” to supersedes. P. 1- Article I, Section 1. Purpose ‘and to further and achieve” need to delete second "and". P.2~ Agticle 1 - Membership: (@) ~ Second sentence needs to be adjusted for space. (2) ~ The incluston of the terms "Kupa” and "Pala" for specific type of Indian Blood is questionable. Agency finds that clarification would be required in areas of: Where do you find records for "Kupa” and “Pala”. Consideration also needs to be directed to the current members who met blood of the Band, as to their status. Pi2= ber; ‘Suggest the Band may wish to consider placing a set date for updating or bringing current the roll. = 3. Mes her T1 or Ban Recommend the Band consider adding language to address individuals who vere members of terminated tribes and to what effect their enrollment would be. This inclusion is suggested as the Band has had individuals who fall within the terminated situations. The Band may wish to consider this section added to their Enrollment Ordinance. P. 3 = Section 4, ot Strongly recommend inclusion of this section as the Band did have to disenroll members in the past. P.3 = Section 5, Membership Ordinances: Tvl our understanding that individual Ordinances will be developed for each area of need. P. 4 = Powers of General Council - (16): Recommend an opinion from the Office of Solicitor is required in this section. B.4= Povers of General Councit = (10: Suggest the Band develop this into an Ordinance addressing removal from the reservation. This Ordinance should include sections for due-process of equal rights. A of cA» Both refer to tribal custom or tradition. It will be very difficult to determine what “custom and tradition” is unless it is written. Too often “custom & tradition” is interpreted differently by tribal nembers. 2 PG, 1, of 4 42. 13. 14. 1s. 16. uy. 18. 19, 2, Recommend the term "normally" be deleted. Suggest the Band add a new sub-section to address Emergency Mectings. 5 itis clearly understood that in voting on a matter on a ballot, that a majority of those voting are required to vote. Suggest the Band consider applying the voting to all eligibie voters as this could limit the position of allowing matters to be voted on and changed by small numbers of participants. = 2 With this requirement for motions, a motion procedure should be in place to avoid questions that could arise, P.6- Br Suggestiast sentence..unless other wise authorized by the Executive Comaittec be deleted. 2.6 - Section 7. Conduct of Meetings: D) Suggest that the lasi sentence be deleted az in the beginning it cites specific date of not less than ten days prior to the date of the meeting. = ot :