OR.

3INAL
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Andrew W. Twietmeyer (SBN: 254436)

THE LAW OFFICE OF
ANDREW W. TWIETMEYER
10780 Santa Monica Blvd., Suite 401
Tel: (310) 909-7138
Fax: (323) 988-7171
email: awt@twietmeyerlaw.com

iLE n

CIVIL 81./5INLSS 6. FICE

CENTRAL 31 1VISION

Chit el Ill Supsrlior tort le

15SEP 25 PH 1: 19

SEP 2 5 2015
By:J.Pascual, Deputy

CLERK - SUPEP.IOR COURT

SAN DIEGO COUNTY. CA

Attorney for Plaintiff, WILLIAM PINK

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO

UNLIMITED JURISDICTION

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) CASE NO.: .37-2015-00032613-CU-BT-CTL

)
11 WILLIAM PINK,
) COMPLAINT_FOR: _ -- -12
Plaintiff,
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1) Breach of Fiduciary Duty
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2) Unfair Competition
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vs.
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3) An Accounting
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ROBERT SMITH (an individual); and
) DEMAND FOR JURY TRIAL
15 DENTONS US, LLP (a limited liability
)
partnership) and DOES 1 through 20 inclusive )
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Defendants.
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Plaintiff WILLIAM PINK hereby submits his Complaint in this action and alleges as
follows:
PARTIES

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1)

Plaintiff William Pink is an individual who resides in the City of Temecula in the

County of Riverside California. Mr. Pink is, and at all time relevant to the events alleged herein, has
been a member of the Pala Band of Mission Indians (the "PBMI").

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1
COMPLAINT

2)

Defendant, Robert Smith ("Smith") is an individual who resides at 35961 Pala

Temecula Rd., Pala CA 92059 in the County of San Diego, California. At all times relevant to the

events alleged herein, Defendant Smith has been the elected Chairman of the PBMI.

3)

Defendant, Dentons US LLP ("Dentons") is a Limited Liability Partnership operating

as a law firm in the state of California with offices in Los Angeles, Orange County, San Diego, San

Francisco, and Silicon Valley.

4)

The true names and capacities, whether individual, corporate, associate, or otherwise

of Defendants named DOES 1 through 20, inclusive, are unknown to Plaintiff, who, therefore, sues

such Defendants by such fictitious names. Plaintiff is informed and believes, and on that basis

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alleges, that DOES 1 through 10 are in some manner responsible and/or liable for the wrongs and

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injuries alleged herein as to the unlawful payment of attorneys fees using PBMI funds. Plaintiff is

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informed and believes, and on that basis alleges, that DOES 11 through 20 are in some manner

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responsible and/or liable for the wrongs and injuries alleged herein as to the unlawful provision of

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legal services to the PBMI and acceptance of payment from PBMI funds. Plaintiff will seek leave of

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this Court to amend this Complaint to allege the true names and capacities of DOES 1 through 20

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once they have been ascertained.

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JURISDICTION AND VENUE

5)

This Court has subject matter jurisdiction over these proceedings pursuant to the

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general jurisdiction granted by the California Constitution as set forth in California Code of Civil

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Procedure section 410.10; and by 28 U.S.C. 1360.

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6)

This Court has personal jurisdiction over Defendants because they are found and are

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doing business in the State of California and/or have sufficient minimum contacts with California so

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as to render the exercise of general or specific jurisdiction by the California courts permissible under

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traditional notions of fair play and substantial justice.

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7)

Venue is proper in San Diego County as against Defendants pursuant to Sections 394

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and 395 of the Code of Civil Procedure because one or more of the Defendants reside in this County,

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SUMMARY OF RELEVANT FACTS

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2
COMPLAINT

8)

The PBMI is a tribal organization formed pursuant to articles of association in 1961.

9)

The PBMI is not listed on the list of Federally-Recognized Indian Tribes published

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pursuant to 25 U.S.C. 479a-1.

10)

Plaintiff is informed and believes, and on that basis alleges, that PBMI is not, in fact,

a federally-recognized Indian Tribethough it holds itself out to be one.

11)

On information and belief, the PBMI governs itself by a Constitution, a true and

correct copy of which is attached hereto as Exhibit "A."

12)

On information and belief, the PBMI's Constitution was approved by the United

States Department of the Interior, Bureau of Indian Affairs on or about July 25, 2000.
13)

Article III, Section 1 of the Constitution provides that "The governing body of the

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PBMI shall be the General Council, which shall consist of all members of the PBMI who are

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eighteen years of age or older."

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14)

Article III, Section 2.B. of the PBMI Constitution provides that "Subject to any

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limitations imposed by applicable law, the PBMI General Council shall exercise all powers allowed

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by law and not otherwise restricted by this Constitution, including but not limited to the following

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powers... .To employ legal counsel pursuant to federal law and subject to the approval of the

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Secretary of the Interior."

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15)

Article V, Section 1 of the PBMI's Constitution creates an Executive Committee

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consisting of a Chairman, a Vice-Chairman, a Secretary and a Treasurer and two adult members of

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the PBMI.

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16)

Defendant Smith is, and at all times relevant to this Complaint has been, the elected

Chairman of the PBMI.

17)

Under Article V, Section 11, the Executive Committee has enumerated powers.

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Section 11 explicitly limits those powers both in its preamble and in subsection E which provides

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that the Executive Committee "shall not commit the Pala Band to any contract, lease, or other

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agreement unless specifically empowered to do so by the General Council, a tribal ordinance, or this

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Constitution."

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3
COMPLAINT

18)

Plaintiff is informed and believes, and on that basis alleges, that on or after 2010,

purporting to act on behalf of the PBMI, and using PBMI funds, Defendant Smith entered an

attorney-client contract or contracts with Dentons and/or DOES 11 through 20.

19)

Plaintiff is informed and believes, and on that basis alleges, that Defendant Smith did

not obtain (and still has not obtained) the authorization of the General Council to hire and pay

Dentons and/or DOES 11 through 20.

20)

Plaintiff is informed and believes, and on that basis alleges, that Defendant Smith did

not seek or obtain the approval of the United States Secretary of the Interior to hire and pay Dentons

and/or DOES 11 through 20.

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21)

Plaintiff is informed and believes, and on that basis alleges, that, since hiring Dentons

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and/or DOES 11 through 20, Defendant Smith has caused payment of more than six-hundred-

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thousand dollars in attorneys fees to Dentons and/or DOES 11 through 20 using PBMI funds that he

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is not authorized to use without the PBMI General Council's authorization.

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22)

Plaintiff is further informed and believes, and on that basis alleges, that most, if not

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all of the attorneys fees paid to Dentons and/or DOES 11 through 20 were for legal services that

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benefited Defendant Smith's individual interests in exacting retribution on PBMI political rivals;

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intimidating would-be political rivals and the PBMI electorate; and in seeking to overturn or

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depublish a judicial precedent that could be cited to expose Defendant Smith to suit in his individual

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capacity for his tortious and unlawful conduct exceeding the scope of his authority as Chairman of

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the PBMIsuch as the conduct alleged in this Complaint.

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23)

Indeed, Mr. Pink is informed and believes, and on that basis alleges, that a substantial

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portion of the attorneys fees Defendant Smith caused to be paid to Dentons and/or DOES 11-20

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were for legal research, advice, and counsel to Defendant Smith on his retaliatory disenrollment of

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more that 160 members of the PBMI which disenrollment Defendant Smith purported to justify by

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brazenly and unilaterally changing a settled historical determination of the Cupefio Indian blood

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quantum of Margarita Britten (1856-1925).

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4
COMPLAINT

24)

Specifically, notwithstanding that the United States Department of the Interior

Bureau of Indian Affairs conclusively determined in 1989 that Margarita Britten was a full-blooded

Cupeilo Indian, and notwithstanding that historical records contemporaneous with Ms. Britten's life

list her as a full-blooded Cupefio Indian, Defendant Smith unilaterally, and maliciously declared that

Margarita Britten was only 1/2 Cupefin Indian, and that, therefore, more than 160 of her descendants

were of insufficient blood quantum to qualify for membership in the PBMI. He then caused those

160 individuals all to be disenrolled on that fabricated basis.

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25)

Mr. Pink is informed and believes, and on that basis alleges, that Defendant Smith

then caused Dentons to be paid with PBMI funds to research and defend a federal action brought by
the disenrollees in which Defendant Smith was a named defendant.
26)

Plaintiff is further informed and believes, and on that basis alleges, that, in or about

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mid June 2015, Defendant Smith paid Dentons, to file an amicus brief in support of the

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defendants/respondents' petition for rehearing in the case Cosentino vs. Fuller, 237 Cal.App.4th 790

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(2015) (depublished September 23, 2015)--a case that held, like other California cases, that tribal

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sovereign immunity does not shield a tribal official from suit in his or her individual capacity for

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conduct that violates the scope of his or her authority or acts undertaken out of an officer's personal

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interest rather than for the benefit of a tribe that he or she serves.

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27)

Plaintiff is further informed and believes, and on that basis alleges, that on or about

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June 18, 2015, Dentons attorney Paula M. Yost, purporting to represent the PBMI despite having no

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authorization from the PBMI General Council, and no approval from the United States Secretary of

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the Interior, filed an Amicus Brief in the California Court of Appeal in Cosentino vs. Fuller

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thereby willfully appearing for the PBMI in Cosentino vs. Fuller without the PBMI's authorization.

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28)

Plaintiff is informed and believes that Yost and Dentons knew, or should have

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known, at the time of accepting payment for that amicus brief that there is no statutory or judicial

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authority for an amicus brief in support of a petition for rehearing, and that amicus briefs are, in fact,

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only authorized or timely under if filed within 30 days of the close of briefing in the appeal. See

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CRC 8.520.

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COMPLAINT

29)

Plaintiff is informed and believes, and on that basis alleges, that briefing in Cosentino

vs. Fuller closed on April 8,2014more than a year before Dentons squandered PBMI funds to file

the above-described amicus brief.

30)

Plaintiff is informed and believes that when Dentons, through attorney Yost,

appeared for the PBMI in Cosentino vs. Fuller, Dentons knew that it had not been authorized by the

PBMI General Council or approved by the Secretary of the Interior to represent the PBMI.

31)

Plaintiff is further informed and believes, and on that basis alleges, that in or about

mid June 2015, Defendant Smith paid Dentons, with PBMI funds, to file a request for depublication

of Cosentino vs. Fuller in the California Court of Appealdespite the fact that California Rule of

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Court 8.1125 directs that depublication requests must be filed in the California Supreme Court.
32)

Plaintiff is further informed and believes that, on or about June 12, 2015, without

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consulting the California Rules of Court, Dentons attorney Ian R. Barker (purporting to represent the

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PBMI despite lacking PBMI General Council authorization or approval from the Secretary of the

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Interior) filed a request for depublication of Cosentino vs. Fuller in the California Court of Appeal

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thereby willfully making a second (albeit defective) appearance on the PBMI's behalf without the

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PBMI's authorization.

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33)

Plaintiff is informed and believes that Barker and Dentons knew or should have

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known that the Court of Appeal has no jurisdiction to consider a depublication request. See CRC

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8.1125. Thus, Dentons squandered even more of the PBMI's money.

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34)

Accordingly, Plaintiff is informed and believes, and on that basis alleges, that

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Defendant Smith selfishly and unlawfully paid, and Dentons unlawfully accepted payment of, PBMI

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funds that were for the benefit of Mr. Pink and other Indians with a beneficial interest in the Pala

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Reservation, and which funds could not lawfully be spent by Defendant Smith, or accepted by

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Dentons, without the PBMI General Council's authorization and the United States Secretary of the

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Interior's approvalall for efforts that Yost, Barker, and Dentons (being lawyers) knew, or should

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have known, were entirely futile as a matter of law.

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6
COMPLAINT

35)

Plaintiff is further informed and believes, and on that basis alleges, that after the

Defendants, thus, unlawfully squandered PBMI funds to pay Dentons to draft and file the above-

described defective Petition and Request, and to unlawfully appear on PBMI's behalf in Cosentino

vs. Fuller, Defendant Smith, in or about mid July 2015, then used PBMI funds to pay Dentons to file

another request for depublication of Cosentino vs. Fullerthis time in the California Supreme Court

which does have jurisdiction to consider such a request.

36)

Dentons only filed that depublication request after attorneys for the Lytton Rancheria,

and the Viejas Band of Kumeyaay Indians had already shown the way by correctly filing their own

depublication requests in the California Supreme Court.

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37)

Plaintiff is further informed and believes, and on that basis alleges, that on or about

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July 17, 2015, Attorney Yost (purporting to represent the PBMI despite lacking PBMI General

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Council authorization or approval from the Secretary of the Interior) filed that second Request for

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Depublication of Cosentino vs. Fuller in the California Supreme Courtthereby willfully appearing

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for PBMI, without PBMI's authorization, in another proceedinga second willful violation of

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Business and Professions code section 6104.

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38)

Plaintiff is informed and believes that Defendant Smith sought and received the legal

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services described in paragraphs 21 through 36 above for his own benefit and not the benefit of the

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PBMI.

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39)

Indeed, Defendant Smith paid Dentons and/or DOES 11 through 20 to assist

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Defendant Smith in exacting political retribution against Margarita Britten descendant King

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Freeman and his family, and to intimidate other would-be political rivals by inflicting a

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reprehensible injury upon the descendants of Margarita Britten.

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40)

He then paid Dentons to defend his conduct by claiming that sovereign immunity

bars the federal courts from considering the Britten Descendants' claims for relief against him.
41)

Moreover, Defendant Smith paid Dentons for Denton's wasteful and grossly

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incompetent efforts to overturn and depublish Cosentino vs. Fuller in the California Court of

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Appeal. That was done not out of any interest of the PBMI, but, instead, to prevent the publication

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7
COMPLAINT

of controlling judicial precedent that could be cited to subject Defendant Smith to suit in his

individual capacity for tortious conduct that exceeds the scope of his authority or is undertaken for

his own benefitsuch as the conduct alleged in this lawsuit.

42)

Accordingly, Defendant Smith's employment of Dentons and or DOES 11 through

20 was not only a violation of Defendant Smith's authority under the PBMI Constitution, the

employment was also undertaken to advance and protect Defendant Smith's personal interests rather

than to benefit the PBMI.

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43)

For its part, Dentons and/or DOES 11 through 20 knew or should have known that

the PBMI Constitution prohibits Defendant Smith from hiring and paying Dentons and/or DOES 11
though 20 with PBMI funds until and unless he obtains the authorization of the PBMI General
Council.
44)

Additionally, Dentons and/or DOES 11 through 20 knew or should have known that

the PBMI Constitution prohibits Defendant Smith from hiring and paying any attorney with PBMI
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funds until the United States Secretary of the Interior approves that attorney to represent the PBMI.
45)

Plaintiff is informed and believes, and on that basis alleges, that Dentons and/or

DOES 11 through 20 have always known that the PBMI General Council has never authorized
Dentons and/or 11 through 20 to represent the PBMI.
46)

Plaintiff is informed and believes, and on that basis alleges, that Dentons and/or

DOES 11 through 20 have always known that the United States Secretary of the Interior has never
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approved Dentons and/or DOES 11 through 20 to represent the PBMI.

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47)

Attorneys Yost and Barker's signature and filing of papers in Cosentino vs. Fuller

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(Cal. Ct. App. Case No. 0050923) and Cosentino vs. Fuller (Cal. Supreme Ct. Case No. S227157)

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constitute "appearances" as that term is used in California Business and Professions code section

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6104.

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48)

Accordingly, Plaintiff is informed and believes that Dentons (through attorneys Yost

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and Barker) corruptly or willfully and without authority appeared at least twice as attorney for PBMI

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in violation of California Business and Professions Code section 6104.

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8
COMPLAINT

FIRST CAUSE OF FOR BREACH OF FIDUCIARY DUTY

(against Defendant Smith and DOES 1-10)

49)

Mr. Pink incorporates by reference the allegations set forth in paragraphs 1 through

4 47 above as though fully set forth herein.

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50)

As the elected Chairman of the PBMI, Defendant Smith owes fiduciary duties of

care, loyalty, and good faith to the PBMI and its members, including Mr. Pink. Defendant Smith's

fiduciary duties include obligations to exercise good business judgment, to act prudently and

lawfully in the operation of the PBMI's business, to discharge his duties in good faith in accordance

with the PBMI Constitution, to act in the best interests of the PBMI and its members, and to the put

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the interests of the PBMI and its members before his own.
51)

Defendant Smith breached his fiduciary duty by hiring and paying Dentons and/or

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DOES 11 through 20 for legal services without obtaining the authorization of the PBMI General

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Council in violation of Article III, Section 2.B, and Article V, Section 11.E of the PBMI

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Constitution.

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52)

Defendant Smith breached his fiduciary duty by hiring and paying Dentons and/or

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DOES 11 though 20 for legal services without obtaining the approval of the United States Secretary

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of the Interior in violation of Article III, Section 2.B, and Article V, Section 11.E of the PBMI's

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Constitution.

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53)

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Defendant Smith breached his fiduciary duty by paying Dentons and/or DOES 11

though 20 for legal services that benefited Defendant Smith rather than the PBMI or any tribe.
54)

Defendant Smith breached his fiduciary duty by paying Dentons and/or DOES 11

though 20 for legal services that directly and grievously harmed members of the PBMI.
55)

By hiring and paying Dentons and/or DOES 11 through 20 without the authorization

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and approval required by law, Defendant Smith violated the scope of his authority as Chairman of

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the PBMI under the PBMI Constitution.

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COMPLAINT

56)

By hiring and paying Dentons and/or DOES 11 through 20 to assist him with the

disenrollments and to seek reversal or depublication of Cosentino vs. Fuller, Defendant Smith acted

in his own self interests and for his own benefit rather than for the benefit of the PBMI.

57)

As a member of the PBMI and an Agua Caliente Cupefio Indian, Mr. Pink has a

beneficial interest in the collective assets of the PBMI, which assets exist for, and are to be used for

the PBMI and its members, including Mr. Pink.

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58)

It is precisely for that reason that the PBMI Constitution requires General Council

approval for the use of PBMI funds.

59)

Accordingly, Mr. Pink has been injured by Defendant Smith's breach of his fiduciary

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duty in unlawfully pilfering of those funds in violation of the PBMI Constitution and for Defendant

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Smith's own selfish interests.

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SECOND CAUSE OF ACTION FOR UNFAIR COMPETITION

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(Cal. Bus. & Prof. Code 17200 et. seq.)

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(against all Defendants)

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60)

Mr. Pink incorporates by reference and re-alleges each and every allegation contained

in paragraphs 1 through 58 above as though fully set forth herein.

61)

Business & Professions Code section 17200 et. seq., also known as the California

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Unfair Competition Law, prohibits acts of "unfair competition," including "any unlawful, unfair or

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fraudulent business act or practice."

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62)

Defendant Smith violated the UCL's bar on unlawful and unfair business practices by

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hiring and paying legal fees to Dentons and/or DOES 11 through 20 without the authorization of the

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PBMI General Council and without the approval of the United States Secretary of the Interior in

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violation of PBMI Constitution Article III, Section 2.B and Article V, Section 11.E.

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63)

By hiring and paying Dentons and/or DOES 11 through 20 without the authorization

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and approval required by law, Defendant Smith violated the scope of his authority under the PBMI

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Constitution.

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COMPLAINT

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64)

By hiring and paying Dentons, and/or DOES 11-20, Defendant Smith acted in his

own self interests and for his own benefit rather than for the benefit of the PBMI.
65)

Dentons and DOES 11-20 violated the UCL's bar on unlawful and unfair business

4 practices by performing and accepting payment of legal fees from the PBMI without the
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authorization of the PBMI General Council and without the approval of the United States Secretary

of the Interior in violation of PBMI Constitution Article III, Section 2.B and Article V, Section 11.E.

66)

By purporting to represent the PBMI in multiple court appearances without the

authorization and approval required by law, Dentons (through attorneys Yost and Barker) violated

California Business and Professions section 6104.

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67)

As a direct and proximate result of Defendants' unlawful and unfair business acts,

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Mr. Pink has suffered economic damages in the amount of his per-capita interest in all of the

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unlawful attorneys fees paid to Dentons and/or DOES 11 through 20.

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68)

All of those unlawful payments were made with funds that accrued from the Pala

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Reservation for the benefit of Mr. Pink and other individuals with an economic interest in the Pala

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Reservation. Accordingly, Mr. Pink has suffered injury in fact by Defendants' unlawful and self-

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interested use of PBMI assets.

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69)

As a direct and proximate result of Defendants' unlawful and unfair business

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practices, Defendants have been unjustly enriched and should be ordered to make restitution to the

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PBMI account or accounts from which they unlawfully withdrew funds for Denton's and/or DOES

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11 through 20's unlawful services.

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70)

Plaintiff is informed and believes, and on that basis alleges, that the unlawful and

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unfair business practices of Defendants described herein present a continuing wrong and threat in

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that Defendants persist and continue to engage in these practices, and will not cease doing so unless,

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and until, forced to do so by this Court. Defendants' conduct is causing, and will continue to cause

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irreparable injury unless enjoined or restrained.

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THIRD CAUSE OF ACTION FOR AN ACCOUNTING

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(against all Defendants)

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COMPLAINT

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71)

Mr. Pith incorporates by reference and re-alleges each and every allegation contained

in paragraphs 1 through 69 above as though fully set forth herein.

72)

As a result of Defendants' conduct alleged above, Defendants have wrongfully

received and benefited from money that should be in the account or accounts of the PBMI where it

is to be used for the benefit of the PBMI and its members collectively--including Mr. Pink and,

which money should be restored to that account or accounts as alleged above.

73)

The amount of money due from Defendants as a result of the above-described

conduct is unknown to Mr. Pink and cannot be ascertained without an accounting of the

disbursements and receipts of the aforementioned transactions for legal services.

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74)

Mr. Pink is informed and believes, and on that basis alleges, that the amount due

from Defendants is in excess of $600,000.00.

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PRAYER FOR RELIEF

WHEREFORE, Mr. Pink prays for judgment against Defendants as follows:

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1. For an order requiring Defendants jointly and severally to make restitution by returning to

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the account or accounts from which they were withdrawn, funds equal to the full amount of

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all legal fees paid to Dentons or DOES 11-20 at any time from September 18, 2011 to the

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present with interest thereon;

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2. For preliminary and permanent injunctive relief prohibiting the Defendants from using PBMI

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funds to pay any attorney fees for Dentons, DOES 11-20, or any other attorney who is not

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authorized by the PBMI's General Council and approved by the United States Secretary of

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the Interior;

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3. For an accounting of all PBMI moneys Defendant Smith caused to be paid to Dentons or

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DOES 11-20 or which Dentons or DOES 11-20 received, from September 18, 2015 to the

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present;

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COMPLAINT

4. For restitution to the account from which such funds were withdrawn, the full amount found

to be due from Defendants as a result of the accounting and interest on that amount from and

after September 24, 2011;

5. for costs of suit herein incurred; and

6. for such other and further,relief as the Court may deem just and proper.

6
7

DATED: September 24, 2015

THE LAW OFFICE OF

ANDREW W. TWIET1VIEYER

AiSer

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NIMNISS1.1

_ Andrew W. T etmeyer
Attorney for PlMuff William Pink

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Demand for Jury Trial

Plaintiff, WILLIAM PINK, hereby demands that this action be determined by trial by jury.

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DATED: September 24, 2015

THE LAW OFFICE OF

ANDREW W. TWIETMEYER

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23

Airs

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\awarAirtlra

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Andrew W. Twi tmeyer

Attorney for Ph intiff William Pink

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13
COMPLAINT

Exhibit A

1
CONSTITUTION
of the
PALA. BAND OF MISSION INDIANS
Pala, California

PREAMBLE
We, the members of the Pala Band of Mission Indians, hereinafter referred to as the Pala Band,
exercising our inherent rights as a sovereign, federally-recognized Indian tribe, do hereby adopt
the following Constitution to supersede the Articles of Association which were approved by the
Commissioner, Bureau of Indian Affairs, on March 7, 1969.

ARTICLE I - PURPOSE AND JURISDICTION

Section 1.

PURPOSE

The purpose and powers of the Pala Band of Mission Indians shall be to protect and promote
the welfare and best interests of the members of the Pala Band of Mission Indians; to protect and
to exercise the Pala Band's inherent rights as a federally-recognized Indian tribe, whether said
rights exist at present or are conferred at a later date; to promote economic development on the
Pala Indian Reservation to improve the economic condition of the Pala Band and the employment
opportunities for its members; and to further and achieve self-government and self-determination
in all tribal affairs; provided, however, that no tribal rights shall be limited or relinquished by the
adoption of whether in existence at present or later conferred, are hereby reserved by the Pala
Band and included as if fully set forth herein.
Section 2. TERRITORY AND JURISDICTION
The jurisdiction of the Pala Band shall extend to all lands within the exterior boundaries of the
Pala Indian Reservation and shall also extend to any lands which may be added to the Reservation
in the future. Said jurisdiction extends to land held in trust by the United States of America,
whether assigned, allotted or tribal lands. To any lands held in fee by the Pala Band, by members
of the Pala Band, or by non-members including individuals, partnerships, corporations, or other
business entities and to any mining claims and homestead within the exterior boundaries of the
Reservation. This jurisdiction shall extend to all persons and entities within the exterior
boundaries of the Reservation and to all lands, surface waters, ground waters, river beds,
submerged lands, properties, air and air space, minerals, natural resources and any other resources.
The Pala Band of Mission Indians retains the right to and shall exercise its inherent tribal
jurisdiction in all respects to the fullest extent allowed by law.

2
ARTICLE II- MEMBERSHIP
Section 1. MEMBERSHIP REQUIREMENTS
The membership of the Band shall consist of:
A

Those persons whose names appear on the Pala Allotment Roll as approved by the
Secretary of the Interior on April 12, 1895, and November 3, 1913, who were living
on the date of approval of the Pala Band's original Articles of Association by the
Commissioner of Indian Affairs.

All living descendants of persons on the Allotment Rolls covered in Section (1)
above regardless of whether the original allottees are living or deceased, provided
that they are direct lineal descendants and have one-sixteenth (1/16) or more
degree of Indian blood of the Pala Band.
Those persons who have been adopted by the Band and such adoption has been
approved by the Bureau of Indian Affairs.

Section 2.

MEMBERSHIP ROLL

The Executive Committee shall keep the membership roll current annually by striking
therefrom the names of persons who have relinquished in writing their membership in the Band
and of deceased members upon receipt of a death certificate or other evidence of death, and by
adding the names of children born to members who meet the membership requirements.
Section 3.

MEMBERSHIP IN OTHER TRIBES OR BANDS

No person may be a member of the Pala Band who is a member of any other federallyrecognized Indian tribe or band. If a member of another tribe or Band is eligible for enrollment
in the Pala Band and applies for membership in the Pala Band, that person must relinquish his/her
membership in the other Tribe or Band prior to being added to the membership rolls of the Pala
Band and must present the Pala Band with evidence satisfactory to the Pala Band of having done
so. Should a member of the Pala Band enroll in any other Tribe or Band, he shall immediately
notify the Pala Band of such other enrollment and his/her membership in the Pala Band will be
deemed to have been relinquished effective on the date of enrollment in the other Tribe or Band
whether or not the required notice is given.
Section 4. LOSS OF MEMBERSHIP
Procedures for disenrollment, if any, will be established in an Ordinance or as part of the
Enrollment Ordinance. Such procedures shall provide that the member receives due process and
equal protection as required by the Indian Civil Rights Act.

3
Section 6.

MEMBERSHIP ORDINANCES

The Executive Committee may from time to time amend and/or replace its existing Enrollment
Ordinance with an Ordinance governing adoption, loss of membership, disetutIlment, and future
membership, provided that such ordinances are in compliance with this Constitution.
ARTICLE UT - GENERAL COUNCIL
Section 1. GOVERNING BODY
The governing body of the Pala Band shall be the General Council, which shall consist of all
members of the Pala Band who are eighteen years of age or older.
Section 2.

POWERS OF THE GENERAL COUNCIL

Subject to any limitations imposed by applicable law, the General Council shall exercise all
powers allowed by law and not otherwise restricted by this Constitution, including butnot limited
to the following powers.
A

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.

To employ legal counsel pursuant to federal Taw and subject to the approval of the
Secretary
C

To enact ordinances, not inconsistent with the Constitution, or to delegate this

authority to the Executive Committee.

fl

To assess fees for the payment of expenses of the Band or to finance any project
which in its opinion is for the benefit of the Pala Band as a whole.
To establish its own rules of procedure for the conduct of its affairs and by
appropriate ordinance or resolution delegate to the Executive Committee or any
other committee any of the foregoing powers and duties.
To levy taxes, including but not limited to sales tax, possessory interest tax,
mineral extracting tax, or other taxes as the General Council deems necessary.
To raise and address issues concerning the general well-being of the community.

jj

To provide services and programs for tribal members and other reservation
residents as necessary or appropriate.

4
To establish a Tribal Court or other judicial system to adjudicate disputes and
appeals involving the Pala Band, its members, and others within the boundaries of
the Reservation and to enact ordinances to provide for the enforcement of such
tribal court decisions, judgments, or orders.
The General Council will authorize the Executive Committee to remove members
or non-members from the Reservation by taking the appropriate legal or other
action of authorizing the Executive Committee to do so.
To appoint delegates to represent the Pala Band as part of such organizations as the
Pala Band may join from time to time, provided however that if these delegates
miss 3 consecutive meetings without a valid excuse, they will be deemed to have
resigned, leaving the positions available for another appointment.
To take appropriate actions necessary to enforce the powers listed herein, pursuant
to tribal and federal laws and tribal custom and tradition.
Section 3.
A.

MEETINGS
Regular Meetings. A regular meeting of the General Council shall be convened on
the 2nd Wednesday of each month.

B.Special
t_a
in . Special General Council meetings may be called by the Executive
Committee or by a petition signed by ten percent (10%) of the eligible voters
stating the purpose of the special meeting andt_ proposed agenda for the special
meeting.
C.

Quorum. Actions taken at a regular or special meeting of the General Council shall
not be valid unless a quorum consisting of at least 25 eligible voting members of
the Pak Band, five of which must be Executive Council Members, have signed in
at the meeting. If there is not a quorum present, the meeting may proceed for
informational purposes, but no votes shall be taken.

D.

Notice. All regular and special General Council meetings shall be publicly noticed
for no less than fourteen (14) calendar days prior to the meeting by posting notices
at the Tribal Offices ancUor at other appropriate places on the Reservation. In the
case of an emergency, a meeting may be called on three (3) days advance notice and
which notice shall also be posted in advance at the Tribal Hall and/or other
appropriate places on the Reservation. Unless proper notice is given as required
herein, any actions taken or decisions made during that meeting shall not be valid
and binding.

Section 4.

VOTING

Only duly enrolled tribal members who have slated 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

'ttee. No m-a
bei vot on will become effective unless a ma'ort of voters vot in
favor of the measure.
Section 5.

MOTIONS

Once a motion is adopted by the General Council, no attempt to reverse that position for a
period of one (1) year will be permissible.
Section 6.

A El
MEETINGS

AND PARTICIPATION AT REGULAR AND SPECIAL

Only enrolled members of the Pala Band shall attend Executive Committee or
General Council meetings. Non-members may attend only if invited by the
Executive Committee.

Only members of the tribe eighteen (i8) years and over may vote and participate
in discussions at General Council meetings, unless otherwise authorized by the
Executive Committee.

Tribal members must sign in at General Council regular or special meetings in

order to vote or participate in discussions.

Section 7. CONDUCT OF MEETINGS

A

Meetings shall be conducted in accordance with theprocedures set forth in Roberes

Rides of Order
such procedures conflict with tribal custom and tradition.
In such cases, custom and tradition shall take precedence,

Any member who is disorderly or disrupts the meeting shall be removed and
excluded from the meeting.

Each member will be permitted live (5) minutes to speak but may be allowed
additional time at the djcretion of the e utivettee
mmi
.

_m_j
T
.yJm_.
members may
sub 't agendalte.L.
ms for discussion at a General COUNCIL
Meeting no later than ten (10) days prior to the date of the meting on a form
provided by the Executive Committee. The Executive Committee may add agenda
items at art
in
tin
o he
Kla.
a /

6
ARTICLE IV - ELECTIONS
Section 1.

ESTABLISHMENT OF ELECTION ORDINANCE

All nominations and elections shall be conducted in accordance with an election ordinance
adopted by e General Council or the Execu tive
t as delegated. Said ordinance thall
establish the following: milling places, establishment of the election committee and its duties,
absentee ballots and other requirements as needed. .
Section 2.

VOTING

Any member of the Pala Band eighteen years of age or older shall have the right to vote in all
tribal elections or General Council Meetings.

ARTICLE V - EXECUTIVE COMMITTEE

Section 1.

COMPOSITION

There shall be elected an Executive Committee consisting of a Chairman, a Vice-Chairman, a

Secretary and a Treasurer, and two adult members of the Pala Band.
Section 2.
A

QUALIFICATIONS
To be elected to serve on the Executive Committee a member of the Pala Band
must be twenty-one (21) years of older before being nominated to run for office.
Before the names of a person who has been nominated can be put on that ballot, that
person must complete a form provided by the Executive Committee and certify
under penalty of perjury that he/she has not been convicted of a felony or any other
criminal offense included above. The Executive Committee will verify that there
has been no such conviction(s). The General Council may make an exception for
vehicle related felony traffic offenses or for offenses which occurred more than ten
years earlier.

Procedures will be contained in the Band's Election Ordinance.

Section S.

ELECTION

All elections of Executive Committee members shall be by secret ballot Nominations shall
made at a general councltin
_g.__sk..im_s
d f r that so
uLd
fantorninees
certified
ertif e
as voters by the Election Committee shall have their names placed on the ballot.

Section 4.

TERM OF OFFICE

All Executive Committee members shall be elected for a term of two years, or until their
surrnsors are duly elected. The terms shall be staggered with the Chair, Treasurer, and one atlarge Executive Committee member being elected in even-numbered years and the Vice-Chair,
Secretary and the other at-large Executive Committee member being elected in odd-numbered
years.
Section 6.

VACANCIES

If an officer shall die, resign, be found guilty of a felony in any State or Federal court or be
recalled for any other cause from his office, a vacancy in the office shall be automatically created.
If an Executive Committee member resigns, he/she cannot be elected to office for five-years from
the date of the resignation. A seat on the Executive Committee will be deemed to be automatically
vacated if any Executive Committee member misses more than three (3) consecutive Executive
Committee meetings unless the absence is excused by the Executive Committee for good cause.
All vacancies described in the paragraph shall be filled by the General Council at its next meeting
and such replacement shall serve the unexpired remainder of the term of office.
Section 6.

RECALL

Upon receipt of a recall petition stating the reasons for the recall of an Executive Committee
member or members, which petition is signed by at least twenty-percent (20%) of the eligible
voting members of the Band, the Executive Committee shall set and provide notice of a meeting
to be held within (30) days after receipt of the petition. At this meeting the Executive Committee
member or members being recalled shall have the opportunity to respond to any charges being
made against him or her. Within ten days after that meeting, the Executive Committee shall muse
a Recall Election to be held. A majority of those voting at the election shall govern, provided that
at least thirty percent (30%) of those eligible vote in the election. Recall of elected officials will
be limited to one 0.1,per term of office.
Section 7, REMOVAL

Failure to attend three (3) consecutive meetings without a valid excuse, including
regular. emergency and special meetings; Provided that the member has received
notice of the meeting,
Gross misconduct in office;

.c

Incapacity from physical or mental disability, to the extend that he/she is incapable
of exercising judgment about or attending to the business of the Executive
Committee.

D.

Conviction of a crime under Federal, State or Tribal Law while holding office.

Section 8.

EXECUTIVE COMMITTEE MEETINGS

The Executive Committee shall normally meet each week at such time as may be set by it.
Special meeting shall be convened on call by the Chairman or a majority of the Committee
members.
Section Q.

QUORUM

A quorum shall consist of five (5) members and no business shall be conducted in the absence
of a quorum.
Section 10. OFFICERS
The Executive Committee shall have the following officers whose duties shall be as follows:
A.

Chairman. The Chairman shall preside at all meetings of the General Council and
Executive Committee and shall have general supervision of all other officers,
employees, and committees of the Band and see that their duties are properly
performed. When neither the General Council nor the Executive Committee are
in session, the Chairman shall be the official representative of the Band. The
Chairman shall vote only in the case of a tie vote in either the General Council or
Executive Committee meetings.

B.

Vice-Chairman. In the absence of the Chairman, the Vice-Chairman shall have the
power and authority of the Chairman. The Vice-Chairman, when authorized by the
Chairman, assist the Chairman in the performance of his duties.

C.

Secretary. The Secretary shall keep or oversee the keeping of the minutes of both
the General Council meetings and meetings of the Executive Committee and shall
certify the enactment of all ordinances or resolutions of both the Executive
Committee and General Council. The Secretary shall also receive on behalf of the
Executive Committee all petitions provided for in this document.

D.

Treasurer. The Treasurer shall oversee the care and custody of all assets for the
Band and deposit all money in an approved depository. The Treasurer shall
disburse or oversee the disbursement of all funds as ordered by the General Council
by check to be co-signed by the Chairman or the Secretary and shall maintain or
oversee the maintenance of financial accounts, receipts, and records. All financial
records shall be available for inspection by officers of the Executive Committee,
_ai_safEeralan's
resentat've
ie r state or te agencies
es which may
provide funding to the Pala Band of Mission Indians. All Financial records of the
Band shall be audited at least once each year and such other times as may be
directed by the General Council or required by the Federal Government or any
agency providing fimding to the Pala Band.

9
E.

Executive Committee Members at Large. The two Executive Committee members

at Large shall have such duties as may be assigned to them from time to time by the
Chairman or by the Executive Committee as a whole.

Section 11. POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE

The Executive Committee shall have the following powers and duties, but shall not commit
the Pala Band to any contract, lease, or other business agreement unless it is so empowered by a
duly enacted ordinance or resolution of the General Council:
A

Cause the effectuation of all ordinances, resolutions or other enactments of the

General Council;

Represent the Band in all negotiations between the Band and local, State and
Federal Government, their agencies and officers, and faithfully advise the General
Council of all such negotiations;
Represent the Pala Band in all negotiations with individuals, private businesses, and
any other entities seeking to do business with the Pala Band;

1)

To advise Congress and representative of the Interior Department and other

federal agencies on appropriation, projects, and legislation affecting the Pala Band;

To manager all affairs of the Pala Band pertaining to tribal lands, money and
natural resources provided that the Executive Committee shall not commit the
Band to any contract, lease or other agreement unless specifically empowered to do
so by the General Council, a tribal ordinance, or this Constitution.

To apply for financial assistance from grant and contract programs for which the
Pala Band may be an eligible applicant. Where a grant application requires the
obligation of tribal finds, other than in-kind contributions, prior approval of the
General Council is required.

To appoint committees and delegates to assist the Executive Committees. and

delegates to assist the Executive Committee in carrying out business for the Tribe.
These committees and delegates shall report regularly to the Executive
Committee. No Committee shall make any binding decision for the Pala Band
except to the extent that they are so authorized by a validly adopted Ordinance of
the Pala Band.

if

To enact ordinances to carry out any powers specifically conferred upon the
Executive Committee by the General Council or by law.
To enforce and carry out all ordinances adopted by the General Council.

10
To provide required notice of and post the time date, and place of tribal meetings
and elections as required by this Constitution and any Ordinances of the Pala Band.

To regularly attend and participate in meetings of the Executive Committee and

the General Council; provided however that the failure to attend three consecutive
Executive Committee meetings or three consecutive General Council meetings
shall be deemed an automatic resignations from the Executive Committee;

To represent the Pala Band to the best of the Executive Committee Member's
ability with honesty, integrity, and fairness;

To promote the health, safety, and general well-being of the tribe and to administer
fairly and expeditiously all tribal ordinances of the Pala Band.

To review and propose ordinances for approval or modifications by the General

Council.
To promote Indian preference in employment; and

To carry out any other functions of responsibilities delegated to the Executive

Committee by the General Council or by applicable law,

Section JUg. QUORUM AND VOTING

No member shall vote on any matter in which he/she or his/her immediate family has a
personal interest or would receive personal benefit other than that provided for tribal members
in general. For the purpose of this section, immediate family shall mean husband/wife,
mother/father, son/daughter, grandfather/grandmother, grandchild, aunt/uncle, niece/nephew,
and step-parent or step-child.
ARTICLE VI - MISCELLANEOUS PROVISIONS
Section 1.

RIGHTS OF MEMBERS

The Pala Band shall provide all persons with due process and equal protection of the law
required by the Indian Civil Rights Act (25 U.S.C. Section 1302).
ARTICLE VII- SAVINGS CLAUSE
All enactments of the Tribe adopted before the effective date of this constitution shall
continue in effect to the extent that they are consistent with this constitution.

11
ARTICLE VIII - SEVERABILITY
If any provision of this constitution shall in the future be declared invalid by a court of
competent jurisdiction, the invalid provision or provisions shall be severed and the
Leisprovisions
force and effect

ARTICLE - AMENDMENTS AND EFFECTIVE DATE

Section. 1 EFFECTIVE DATE
This Constitution shall become effective immediately after its approval by a majority vote of
the voters voting in a duly-called elections at which this Constitution is approved by the Bureau
of Indian Affairs.
Section 2,

FUTURE AMENDMENTS

This Constitution may be amended by a two-thirds (4/8) vote of the voting members of the
Pala Band at an election duly-called for this purpose in which not less than half of the eligible
members of the Pala Band cast their ballots.

CERTIFICATE OF APPROVAL

Pursuant to the authority redelegated by the Assistant Secretary of Indian Affairs in 209
DM 8, Secretary's Order No. 3150, as amended, and 10 BIAIVI Bulletin 13, as amended
and redelegated to me by Memorandum of Agreement dated August 16, 1994, the
Constitution of the Pala Band of Mission Indians is hereby approved retroactive to the
date of adoption on November 12, 1997; PROVIDED. that nothing in this approval shall
be construed as authorizing any action under this document that would be contrary to
Federal law.

Acting

Regional Director

JUL 15Za[f
Date

IN REPLY REFER TID:

UNITED STATES
DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

SOUTHERN CALIFORNIAAGENCY
. 20M 10WAAVF-NUE,SUETE 101'
RIVERSIDE, CALIFORNIA 92507.2471
PHONE (909) 276;6624' FAX (909) 276-6641

Tribal Operations
Pala

.
r.

'

rIt

OCT 042000
PaMi

Mr. Robert Smith, Chairman

Pala Band of Mission Indians
P.O. Box 50
Pala, California 92059
Dear Mr. Smith.
In preparation for the Pala per-capita we discovered that official notification bad not been
sent to the Band regarding the approval for the Constitution of the Pala
, Band of Mission
." by the
Indians. Enclosed for the tribal.records is a copy of the "Certificate of Approval
Acting Regional Director, Pacific Region approving the document retroactive to the date
of adoption November 12 1997. We apologize for the delay in providing this official
notification.
Sincerely,

Virgil Townsend
Superintendent

Enclosure(s)

Certification of Minutes and Records for the two (2) Constitutional Amendments made in
the year Two-Thousand and Three (2003).

I, Klima Sibimoat Latin, the duly elected Secretary of the Pala Band, in this year of
2006, hereby declare that, to the best of my knowledge, no certification page exists on
record for the two Constitutional amendments made by the General Council in November
of 2003; however, the official minutes and records of the Tribe indicate that the above is
true and correct.

Ickapea S. Lattin
Tribal Secretary

-Office of the Secretary-

AMENDMENTS TO THE CONSTITUTION OF THE

PALA BAND OF MISSION INDIANS

AMENDMENT
WHEREAS:
1. The Pala Band of Mission Indians ("Tribe") is governed by a federally recognized
Constitution 'mown as the Constitution of the Pala Band of Mission Indians; and
2. Pursuant to Article HI, Section 1, the governing body of the Tribe is the General Council; and
3. Pursuant to Article V, the elected representatives of the General Council are known as the
Executive Committee; and
4. The Tribe may amend its Constitution in accordance with ARTICLE IX, Section 2; now
THEREFORE BE IT RESOLVED THAT:
1. During the November ballot in the year two thousand and three (2003), the General Council,
pursuant to Article IX, Section 2, amended its Constitution; and
2. The amendment made was to Article V, Section 2, "QUALIFICATIONS"; and
3. The amendment was to add subparagraph, "D," which reads:
Any criminal conviction or adverse civil judgment having to do with theft, dishonesty or
fraud, will exclude that person's name from being placed on the ballot and running for
Executive Committee.
CERTIFICATION
We, the undersigned members of the Executive Committee, hereby certify that the above amendment to the
Constitution of the Pala Band of Mission Indians was duly adopted during the November ballot in the year
two thousand and three (2003), pursuant to Article IX, Section 2 of the Constitution, by a vote of 338 in
favor and 37 in opposition.

Robert H. Smith, airman

Leroy H. Miranda Jr., Vice-Chairman

'

Theresa J. Nieto, Treasurer

Klima Sibi?netet Lanni, Secretary

Annalee Yanez Committee

Dion Perez, Committee

-Office GI the Secretar: r

AMENDMENT II
WHEREAS:
I. The Pala Band of Mission Indians ("Tribe") is governed by a federally recognized
Constitution known as the Constitution of the Pala Band of Mission Indians; and
2. Pursuant to Article HI, Section 1, the governing body of the Tribe is the General Council; and
3. Pursuant to Article V, the elected representatives of the General Council are blown as the
Executive Committee; and
4. The Tribe may amend its Constitution in accordance with ARTICLE IX, Section 2; now
THEREFORE BE IT RESOLVED THAT:
I. During the November ballot in the year two thousand and three (2003), the General Council,
pursuant to Article IX, Section 2, amended its Constitution; and
2. The amendment made was to Article V, Section 4, "TERM OF OFFICE," which formerly
read:
Section 4. TERM OF OFFICE
All Executive Committee members shall be elected for a term of two years, or until
their successors are duly elected. The terms shall be staggered with the Chair, Treasurer,
and one at-large Executive Committee member being elected in even- numbered years
and the Vice-Chair, Secretary and the other at-large Executive Committee member being
elected in odd-numbered years.
3. The amended language reads:
Section 4. TERM OF OFFICE
May serve only two (2) consecutive terms.
CERTIFICATION
We, the undersigned members of the Executive Committee, hereby certify that the above amendment to the
Constitution of the Pala Band of Mission Indians was duly adopted during the November ballot in the year
two thousand and three (2003), pursuant to Article IX, Section 2 of the Constitution, by a vote of 270 in
favor and 106 in oppositio

Rebell H. Smith, Chaiean

Leroy H. Miranda Jr, Vice-Chairman

ThSesa J Nieto, Treasurer

KirnirSibimopt Lattin, Secretary

Atnalee Yanez, Committee

Dior. Perez, Committee

-Office of the Secretary-

Earci :).?
:ttif,e7zrz
74:

R7

tlit 72

S -517C

AMENDMENT In
WHEREAS:
I. The Pala Band of Mission Indians ("Tribe") is governed by a federally recognized
Constitution known as the Constitution of the Pala Band of Mission Indians; and
2. Pursuant to Article III, Section 1, the governing body of the Tribe is the General Council; and
3. Pursuant to Article V. the elected representatives of the General Council are known as the
Executive Committee; and
Section 2; now
4. The Tribe may amend its Constitution in accordance with ARTICLE IX,
THEREFORE BE IT RESOLVED THAT:
1. During the December ballot, in the year two thousand and six, (2006), the General Council,
pursuant to Article IX, Section 2, amended its Constitution; and
2. The amendment made was to Article V. Section 4, "TERM OF OFFICE," which formerly
read:
Section 4. TERM OF OFFICE
May serve only two (2) consecutive terms.
3. The new amended language reads:
Section 4. TERM OF OFFICE
Each Executive Committee member shall be elected for a term of two years, or until
his/her successor is duly elected and takes office. Terms shall be staggered with the
Chairman, Treasurer and one at-large Executive Committee member being elected in
even numbered years; and the Vice-Chairman, Secretary and other at-large Executive
Committee member being elected in odd-numbered years. There shall be no limit on
the number of terms which an individual may serve in any Executive Committee
position.

CERTIFICATION
We, the undersigned members of the Executive Committee, hereby certify, on this 5 th day of December,
that this amendment to the Constitution of the Pala Band of Mission Indians was duly adopted by the
People of Pala during the December ballot, in the year two thousand and six (2006), pursuant to Article IX,
Section 2 of the Constitution, by more than a two-thirds vote of more than 50% of the eligible voters of
Pala, with 337 in favor and 150 in opposition.

,,en
fir

ro H. Miran a Jr., Vice-Ch

Ort H. Smi Cnalrman

Kama Sibimoat Lattin, Secretary

Theresa J Nieto, Treasurer

Dion Perez, Committee

Annalee Yanez, Committee

Office of the Secretary-

an