BIA rulingreinstates disenrolled family
By
Victor Morales, Today correspondent
Story Published:
Dec 24, 2008
Story Updated:
Dec 24, 2008
VALLEY CENTER, Calif. – A ruling by the BIA that could decide the outcome of a tribal rift was handed down Dec. 1 upholding – for the second time – the tribal enrollment of a man and his decedents.
The BIA ruled that the enrollment committee of the San Pasqual Band of Diegueno Mission Indians failed to prove that Marcus R. Alto’s enrollment was a mistake and upheld his and his decedents’ eligibility for the rolls.
“Because the information provided by the (Enrollment) Committee does not demonstrate Mr. Alto’s enrollment was based on inaccurate information, as required. … the Jan. 31, 1994 decision by the Acting Area Director which identified Mr. Alto and his descendents as enrolled members of the band remains effective,” wrote BIA Regional Director Dale Morris in a letter sent to the tribe and Alto’s decedents.
Alto’s ejection from the San Diego County tribe has divided its council into two factions who are now holding separate meetings, leading to the BIA’s determination of a defunct tribal government in August. If the rift persists, it threatens the legality of its 1,750-slot machine casino opened in 2001 because only federally recognized tribal governments can operate a casino, BIA officials had said.
About 80 people’s tribal rights were suspended, including payments from casino revenues as a result of the disenrollment.
The BIA rejected most of the enrollment committee’s 13 points they said warranted the ejection of Alto and his decedents from the tribe, including baptismal, census and BIA documents that suggested Alto’s Diegueno parents had adopted him.
It’s unclear how the ruling will impact the schism between Allen E. Lawson and Robert Phelps, the tribe’s chairman and vice-chairman respectively but whom the BIA is now referring to as spokespersons because it does not recognize either of the factions headed by them as the legitimate tribal government.
“My answer is limited as the process has not yet been completed and the potential of an appeal to be filed by the tribe with the Assistant Secretary of Indian Affairs may occur,” said the acting superintendent of the BIA’s Southern California Agency, James Fletcher in an e-mail.
The tribe has 30 days to file an appeal.
Fletcher said the BIA has asked the Department of Justice to mediate the conflict after several attempts by the BIA did not yield any breakthroughs.
“However, I do have a request in from one side to recognize them as the proper government,” Fletcher added.
What is clear, however, is that the BIA does want to remain the tribe’s referee in its enrollment issues. The tribe’s 1971 constitution specifies that the BIA is required to approve ejections.
“It’s inappropriate for the committee to continue to raise this issue of the validity of the inclusion of Mr. Alto and his decedents and to continue to seek remedy from the BIA,” the letter said.
It encouraged the tribe to revise its constitution and offered technical assistance in doing so. It’s an unlikely action until the schism is resolved.
Lawson and an attorney, Glenn W. Charos, representing Alto’s decedents did not return phone calls seeking comment.
Sunday, Jan 11 at 12:18 PM Marge wrote ...
I totally agree with these comments.My family is related to all the federal recognized tribes in 4 counties.My own father is 75 years old and we can prove his lineal decent for over 200 years.But, they will not open the enrollment for their own elders.The government knew exactly what they were doing when they allowed Indian casinos to leave behind their own relations.It is sickening when a native dies and we have to beg for funeral expenses.We want to be self sufficient too!Teach us and we learn
14704013 Inappropriate? Alert Us!Wednesday, Jan 7 at 1:38 PM Dolores Battise Houston, Texas wrote ...
Will the jealousy and greed ever stop. I for one and my family are fighting the same battle that the Alto family is fighting there were 32 family members now there are 31. One our members died in 2008 striped of his rights,as for myself Iam battling breast cancer. We are now going into our third year of fighting, we searched and searched and found out that we are more Indian that the Tribal Chairman and his brother are. But Tribal goverment are not for the people anymore, but only for themselves
14520784 Inappropriate? Alert Us!Thursday, Jan 1 at 5:12 AM Anonymous wrote ...
Tribal leadership have got to stop abusing the rights of members - disenrollment or denying membership based on prejudice, jealousy and self-serving motives is stupid and indicative of how far we will go to destroy any remaining remnants of our culture. Can't blame the whiteman anymore.
14297018 Inappropriate? Alert Us!Tuesday, Dec 30 at 8:32 PM Anahuy wrote ...
Will the 500 plus sovereign nations ever unite!? There is strength in many.
14250983 Inappropriate? Alert Us!Monday, Dec 29 at 6:09 PM Ellery Ahnamii`kee` Wash Pennock wrote ...
I find it totally shameful and a true tragedy, not just in denying the family their Identity. But that they are acting like typical non-Indian, greedy, uncaring, humans. Our ancestors always cared for all within the tribe, even those that left and returned later. If this family has proven their linage then they should be recognized and their tribal Identity re-stored. With out concerns about money! Respectfully!! Ahnamii`kee` Wash
14205194 Inappropriate? Alert Us!Monday, Dec 29 at 2:46 PM A turtle wrote ...
The people need to come together and straighten out their leadership before everything is lost. Unity is key.
14197293 Inappropriate? Alert Us!Monday, Dec 29 at 12:02 AM BLACKMUDCLAN wrote ...
Yes,it would seem that the bureau is right on behalf of the Family that their own tribe would do such mental harm of it's Peoples.They the Family should get all Retro casino Dollars,That is a Major Entitlement of FUNDS. Thank you
14178398 Inappropriate? Alert Us!Add a comment
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