Tuesday, August 11, 2009

Pechanga's Culture of Corruption IV: Elected PDC official REMOVED From Office without Recall

PDC member David Miranda accuses Pechanga Tribal Council, led by Mark Macarro of removing him from office without notifying him of charges. He is an elected official and the council should have used the recall process. But then, the tribal council is not big on following Pechanga's Constitution and Bylaws.

We have attached one of the Miranda handouts explaining Pechanga's lack of DUE PROCESS.

1. No notification of charges against him
2. No right of discovery of evidence against him
3. No notice of the appeal process.
4. No notification of witness availability
5. No notification if he can bring an attorney

The similarity to the disenrollment cases previously linked is staggering.

We Hunters were:

1. Not allowed to see evidence against us.
2. Not allowed to have copies of that evidence
3. Not allowed to bring writing implements
4. Not allowed to speak on our own behalf
5. Limited to 30 minutes for our entire group.
6. Not allowed to bring documents in.
7. Not allowed to ask questions.

Here is that handout:


DMirandaHandout

8 comments:

Anonymous said...

....What is council trying to hide???
In deed!!!
Many more may be on the receiving END of council's evil works. Then they can only WISH they had listened to the pleads to STAND and REQUIRE rightous rulings; RETURN TO PECHANGA'S CONSITUTION AND BYLAWS.
Council does whatever, whenever to please their own selfish agendas.
WHO will be next on the chopping block!!!

'aamokat said...

Below is what the Pechanga Constitution and Bylaws says about the recall of elected officials.

Article V11

RECALL OF OFFICERS AND FILLING VACANCIES.

Section 1. Recall of Elected Officials, Elected Officials may be recalled.

(1) Recall Procedure shall be initiated by presentation of a petition at a general meeting. The petition shall be in the form described in Article X11 Section 2.

(2) A recall petition is automatically the first item of business to be considered at a duly noticed meeting.

(3) If at the duly noticed meeting, the majority finds that the reasons stated in the petition for recall are justified, then a recall hearing shall be held.

(4) A hearing and the vote on the recall will take place at the next duly noticed meeting.

So David Miranda has not been been given due process of law and has not been legally removed from office because none of the procedures specified in the Band's constitution have been followed.

SOUND FAMILAR?

To those people who think we exaggerate when we say the Pechanga tribal council is evil, what do you think now?

t'eetilawuncha! said...

Evil is an understatement. What is it going to take for the General Membership to toss out this corrupt CPP?

'aamokat said...

Oh I didn't see that he was removed at a membership meeting but Mr. Miranda still didn't get due process, not surprising.


But still the general membership meeting is not supposed to be an appeal it is supposed to be the hearing itself.

How can the tribe claim due process was followed if Mr. Miranda wasn't even aware of the charges against him?

t'eetilawuncha! said...

Fantastic articles cousins!

'aamokat said...

This did happen to me and my family when we were disenrolled and the tribal council did not live up to their responsibility to provide each and every one of us with fairness and due process.

The disenrollment procedures were not followed. Article 5 of the procedures stated that at the initial meeting with the Enrollment Committee, "the Enrollment Committee shall show specific evidence that would prove that the documentation for enrollment does not provide lineal descent for the individual."

All we were given was some letters and statements from the members of the CPP faction of the tribe, which were pure hearsay, and a list of certified or notarized documents to turn in to the committee.

SO WE WERE NEVER TOLD WHY WE WERE BEING DISENROLLED BEFORE WE RECEIVED THE RECORD OF DECISION INFORMING US WE WERE DISENROLLED, SOUND FAMILAR?

We requested official copies of the transcripts of the meeting with the enrollment committee but we were not allowed these. So like Mr. Miranda, how could we mount a proper defense?

It was our word verses tha committee's word that the procedures were not followed.

Also, among the many items we turned in to the committee were notarized depositions from several non CPP tribal elders who refuted what the CPP faction elders had said in their statements against us.

As well as notarized statements from our probate for our land allotment when elders from the period that the reservation was created verified we are Pechanga plus a notarized statement from vaunted tribal elder Antonio Ashman (called so at the official tribal Web Site) who stated he remembers my ancestor as being a member of the Band.

Addtionally we can show through the census records that our family was at Pechanga when the reservation was created and the probate records show we were with our people before the 1875 eviction as well.

But perhaps the biggest unlawful act was the fact that when we were disenrolled on March 16, 2006 the disenrollment procedures no longer existed, even if they had been followed, as a part of tribal law as it had been justified the procedures no longer existed as of June 19, 2005 and repealed at the July 18 2005 meeting of the General Membership.

And we didn't find out the petition to end all disenrollments didn't apply to us until the March 14, 2006 letter from the tribal council to the General Membership.

So obviously the tribal council timed their letter so that we could not respond to it as our appeal was limited to what we had turned in to the Enrollment Committee and the deadline to submit additional information had passed.

MR. DAVID MIRANDA, THE COUNCIL CAN'T WIN WITHOUT A STACKED DECK SO I AM INCLINED TO BELIEVE THAT YOU ARE INNOCENT.

BECAUSE WHAT WOULD THEY HAVE TO LOSE BY PROVIDING A FAIR HEARING IF YOU ARE GUILTY?

'aamokat said...

From the Pechanga Band's constitution and bylaws, continued from an earlier post.

Article V11

Section 2. Filling Vacancies. All individuals filling a vacancy shall serve out the trrm of the office that they have filled.

(1) Chairman. If the Chairman dies in office, rfesigns, be convicted of a crime punishable by one (1) year or more in prison, OR IS REMOVED FOR VIOLATION OF THESE BYLAWS, then he shall be replaced with one of the Council members.

(a) The Council will appoint the new Chairman with approval of the Band at a duly noticed meeting.

(2) Council members. If a Council member dies in office, resigns, be convicted of a crime punishable for one (1) year or more in prison, or FOR A VIOLATION OF THESE BYLAWS, then a replacement to fill the vacancy will be selected by the general membership at a duly noticed meeting.

SO IF MR. MIRANDA WAS REMOVED FROM HIS OFFICE ON THE PDC WITHOUT GOING THROUGH THE CODIFIED PROCEDURES IT IS A VIOLATION OF THE BYLAWS SO THE TRIBAL COUNCIL SHOULD BE RECALLED FOR VIOLATING THE CONSTITUTION AND BYLAWS.

stand your ground said...

Question:
Why is Mr.David Miranda so susprised by the corruption of his Tribe's Council and the Tribes corrupt Chairman Mark Macarro?
ANSWER:
because he never thought it could happen to him