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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: