United States Department of the Interior =
pres =
Sacramento Area Office
2800 Cottage Way
Sacramento, California 95825,
SUN 2 4 1996
Robert Smith, Spokesman
Pala Band of Mission Indians
Post Office Box 43
Pala, California 92059
Dear Mr. Smith:
By Resolution dated December 19, 1994, the Pala Band of Mission
Indians Election Committee noticed the Superintendent, Southern
California Agency, that the Band had voted to adopt a new
constitution on November 22, 1994. Subsequently, the request for
review and approval by the Area Director was forwarded to this
office by Memorandum dated June 16, 1995, from the Superintendent,
Southern California Agency. We apologize for the delay in
responding to your request.
We have completed a technical review of the Constitution and offer
the following comments and recommendations. These comments and
recommendations address only those articles and sections which we
feel may require modification or reconsideration by the Band.
Those sections not mentioned are deemed to be acceptable.
PREAMBLE
We recommend that the word "following" be deleted. Additionally
the word "replace" should be substituted by the word "supersede."
ARTICLE II - MEMBERSHIP
We note that the subsections in Articles I through III are
identified numerically and the subsections beginning with Article
III. Section 3. are identified alphabetically. To eliminate any
confusion in citation or referencing of sections and subsections
throughout the document, we recommend that the subsections be
alphabetical and capitalized, thus, Section 1 below would have
subsections A, B, and C.
Section 1.(1) Change the number one in parentheses to the letter
"A." Additionally, there is a typographical error in formatting.
The space in front of "approved" in the second line should be
deleted.2
Subsection (2) or (b) as herein recommended. Research of our
records regarding the name Kupa, reveals that the issue of the use
of the Kupa name had previously been the subject of a letter from
our Central Office in Washington dated January 17, 1995.
‘The letter was in response to the Band's request that the Bureau of
Indian Affairs correct its records to reflect the Band’s tribal
affiliation as Kupa or Cupeno instead of Luiseno. The letter
further. stated that Bureau records reflected that the Band is
predominately of Luiseno ancestry, and requested that the Band
provide substantiating evidence before reconsideration of the
request .
In light of this, we recommend that the Band provide documentation
that would support change of tribal affiliation to Kupa or Cupeno.
Section 2. Membership Roll.
We recommend that the tribe establish a date when the roll would be
updated, annually or periodically. This will provide applicants
assurance of the timeframe within which to expect a decision on
their applications.
Section 4. Loss of Membership.
We recommend that a short statement be added for each of the
reasons for loss of membership, such as falsification of
information on an application, dual membership prohibition, etc.
ARTICLE III - GENERAL COUNCIL
Section 2. Powers of the General Council.
The word "the" should be inserted between the word "to" and
"following" in the first sentence.
As subsections 1 and 2, hereinafter recommended as a and b, express
the same intent and have similar language, we recommend that the
two subsections be combined.
The following is recommended: “To manage all affairs relating to
tribal lands, tribal economic development enterprises, tribal
assets, to include but not limited to, review and approval of
leases, contracts, and management agreements. Authority to manage
may be delegated to the Executive Committee when necessary." If
this is acceptable, this will become subsection (a), subsection (3)will become (b), and so forth.
Subsection (b). We recommend the following: To employ legal
counsel pursuant to federal law and subject to the approval of the
Secretary of the Interior.
Subsection (11). it is recommended that language be added which
would afford due process pursuant to the Indian Civil Rights Act
for those tribal members who are removed. We are unclear as to the
meaning of the phrase "of authorizing the Executive Committee to do
so."
Subsection (12). A comma should be inserted after the word
"resigned."
Subsection (13). For clarity, we recommend the following:
“To take appropriate actions necessary to enforce the powers listed
herein, pursuant to tribal and federal laws and tribal custom and
tradition."
Section 3. MEETINGS
Section (A). Recommend deletion of the word "normally." We also
recommend the phrase "on dates to be established by the Executive
committee." be deleted because meetings to be held the 2nd
Wednesday of the month has already established the date regardless
of what calendar date the second Wednesday falls on.
Section (B). Special Meetings. In the third line, we recommend
that the word "the" be substituted for the word "their."
Section (D). Notice. In the second line, we recommend
substitution of the phrase "for at least" with the phrase "no less
than."
Section 4. VOTING. Recommend the following as a substitute for
the paragraph.
"Only duly enrolled tribal members who have signed in at the
meeting may vote. The method of voting, either by show of hands or
by secret ballot, will be determined by the Executive Committee.
No measure being voted on will become effective unless a majority
of voters vote in favor of the measure
Section 7. CONDUCT OF MEETINGS
Section (A). We recommend the following to replaee the paragraph: