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Picayune Rancheria Tribal Enrollment Ordinance

2012-02-04T18:53:37Z

PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS

ENROLLMENT ORDINANCE

Section 1: Persons Entitled to Membership

A person is eligible for membership in the Tribe, if the person:

1.1 Is listed as a distributee or is a dependent member of a distributee in the plan for distribution of the assets of the Picayune Rancheria, as approved by the Secretary of the Interior on June 30, 1960; or

1.2 Is of Chukchansi Indian blood and who has a special relationship with the Tribe not shared by Indians in general, and who have received allotments of public land under the General Allotment Act of 1887,25 V.S.C. § 331 et seq., as listed on any official roll of the Bureau of Indian Affairs; or

1.3 Is a direct lineal descendant of individuals eligible for membership under either subsection 1.1 or 1.2, regardless of whether the ancestor through whom eligibility is claimed is living or deceased, providing such descendant is of Chukchansi blood; or

1.4 Is a direct lineal descendant of individuals who became Tribal Members pursuant to Article III, Section l(a)(4) of the Constitution of Picayune Rancheria.

Section 2: Enrollment Committee

The Tribal Council hereby establishes the Enrollment Committee, which shall be under the control and directive of the Tribal Council and shall be in charge of overseeing all responsibilities with regard to determining Tribal membership and maintaining membership rolls.

2.1 The Enrollment Committee shall be composed of three (3) General Council members.

2.2 Enrollment Committee members shall be appointed by the Tribal Council, and shall serve two (2) year terms, which may be renewable every two years by the Tribal Council.

2.3 Enrollment Committee members shall take an oath to faithfully uphold the Enrollment Ordinance and Constitution, and further abide by a code of conduct and ethics, which shall be established by the Tribal Council, and which shall be consistent with the provisions contained herein.

2.4 Enrollment Committee members shall be required to attend at least once annually, a Tribal Council approved seminar that is conducted by the Bureau of Indian Affairs directly on tribal enrollment issues.

2.5 Enrollment Committee members may be removed with cause by the Tribal Council. Upon removal, the Tribal Council shall appoint a new member within thirty (30) days.

Section 3: Application and Applicant Burdens

The Enrollment Committee shall develop an application form, which must be completed by the applicant and shall be submitted to the Enrollment Committee. Each application must be signed and dated by the applicant.

3.1 If the applicant is legally incompetent or a minor, the application must be completed and signed by his/her legal guardian.

3.2 Enrollment applications that are accepted shall be date stamped, given a folder, and assigned an enrollment number by the Enrollment Committee.

3.3 The burden of proof rests with each person submitting an application for enrollment to establish the applicant's eligibility pursuant to Section 1.

3.4 An authentic birth certificate, or the cultural equivalent of an authentic birth certificate that is recognized by the Tribe, shall be attached to the application and required to establish enrollment.

3.5 In addition to the authentic birth certificate required by Section 3.4, other documentary evidence such as death certificate, baptismal records, copies of probate findings, or court decisions may be used to support enrollment. Records of the Tribe or the Bureau of Indian Affairs may also be used to establish eligibility.

3.6 An affidavit shall be submitted to the Enrollment Committee along with the application, which shall contain a statement that includes that the name of the applicant is the true and correct person, that the relevant documentation to prove enrollment is legitimate and correct documentation, that the statement is made under oath and under a penalty of perjury, and is notarized by a certified Notary Public.

3.7 If the legitimacy of a child becomes in dispute by a parent, DNA testing may be requested by the Enrollment Committee. Applicants must comply with such request at a DNA certified laboratory selected by the Enrollment Committee. Applicants shall bear the cost for DNA testing.

Section 4: Enrollment Application Review

Upon receipt of the application, the Enrollment Committee shall complete review of each application within one hundred twenty (120) days after it is received.

4.1 Enrollment Committee determinations shall be made by a majority of sitting Enrollment Committee members.

4.2 The Enrollment Committee shall, within the 120-day period, make a written finding, and by Committee Resolution, either grant or deny membership or request additional information from the applicant.

Section 5: Appeal Procedure

An applicant who has been rejected for enrollment, or who wishes to challenge the enrollment procedure, may request a hearing before the Tribal Council.

5.1 Requests for appeals shall be in writing and addressed to the Chairman of the Tribal Council. The appeal must be filed within thirty (30) days from the date the applicant receives the Enrollment Committee's decision.

5.2 The Tribal Council shall grant the applicant a hearing within thirty (30) days of receipt of the applicant's request.

5.3 The applicant shall maintain the burden of proof for membership on appeal to the Tribal Council.

5.4 The Tribal Council shall issue a written decision within sixty (60) days of the hearing, and by Council Resolution either affirm or reverse the decision of the Enrollment Committee to deny applicant Membership.

5.5 The Tribal Council's decision shall be final. Applicants, however, may reapply to the Enrollment Committee without limitation or prejudice pursuant to Section 3.

Section 6: Disenrollment

6.1 An enrolled Tribal member who becomes enrolled in any other Indian Tribe, Indian Community, Tribal Nation, Pueblo, Indian Band or Native Village shall forfeit his/her membership with the Tribe.

6.2 Notwithstanding Section 11, an enrolled Tribal member may be disenrolled upon a finding that membership eligibility was determined based upon a mistake of fact due to erroneous or fraudulent documentation in establishing enrollment criteria.

Section 7: Procedure for Disenrollment

7.1 Upon receiving credible evidence that one or more of the grounds for disenrollment pursuant to Section 6 exists, the Enrollment Committee shall issue to the member, or the member's guardian, a notice requiring him/her to appear at a hearing before the Tribal Council to show cause as to why he/she should not be disenrolled.

7.2 Such notice must inform the member, or the member's guardian, of the following:

7.2.1 The time, date and location of the hearing;

7.2.2 The specific reason as identified in Section 6 for the member's disenrollment hearing; and

7.2.3 The member's right to appear at a Tribal Council hearing and present witnesses and other evidence demonstrating why he/she should not be disenrolled, and of his /her right to challenge the Tribe's evidence, cross-examine witnesses and to be represented by legal counsel at his/ her own expense.

7.3 The notice must be mailed to the member's last known address by registered mail, return-receipt requested, at least thirty (30) days prior to the disenrollment hearing.

7.4 The Tribal Council hearing shall be chaired by the Tribal Chairman, or such other Tribal Council member as is appointed by a majority vote of the Tribal Council.

7.5 No disenrollment hearing may be conducted in the absence of a quorum of the Tribal Council.

7.6 The burden of proof for disenrolling a member shall be beyond a reasonable doubt and the burden shall rest on the Enrollment Committee.

7.7 A vote of two thirds of the Tribal Council shall be required to disenroll a member, and the Tribal Council shall render a decision within sixty (60) days of the hearing.

7.7.1 After reaching its decision, the Tribal Council shall direct the Enrollment Committee to draft a written notice of the Tribal Council's decision identifying the reason(s) for disenrollment.

7.7.2 The written decision shall be approved by those Tribal Council Members who voted in favor of disenrollment.

7.7.3 The notice shall be sent by the Enrollment Committee to the member or member's legal guardian at their last known address.

7.7.4 The Tribal Council's decision shall be final and not subject to appeal. The applicant, however, can reapply pursuant to Section 3 with proper documentation without limitation or prejudice.

7.8 The Tribal Council, after reviewing evidence presented by the Enrollment Committee, may disenroll any member who fails to appear at the hearing, unless said member has requested, and been granted for good cause, an extension of his/her hearing date at least seventy-two (72) hours before the hearing is scheduled.

Section 8: Voluntary Relinquishment of Membership

Relinquishment is an act by which an enrolled member of the Tribe voluntarily and officially gives up the right of Tribal membership to become a member of another other Indian Tribe, Indian Community, Tribal Nation, Pueblo, Indian Band or Native Village.

8.1 The Relinquishment process shall only be induced by the member, or by the member's guardian, provided however, that a minor whose membership was relinquished by his/her guardian may reapply for membership in the Tribe.

8.2 A member may relinquish membership by submitting a written and signed statement to the Enrollment Committee requesting that his/her name be removed from the membership roll.

8.3 The Tribal Council shall remove the members name from the Tribal roll within ten (10) days of receiving the written request, and issue a Resolution of its action to the relinquished member.

8.4 Reinstated Tribal members who seek relinquishment a second time shall be permanently disenrolled from the Tribe, provided however:

8.4.1 The Tribal member signs an affidavit that acknowledges that the Tribal member is permanently relinquishing any future rights to enrollment with Tribe; and

8.4.2 The Tribal member participates in an exit interview conducted by the Enrollment Committee.

Section 9: Maintenance of Roll

9.1 The Enrollment Committee shall keep the roll of Tribal members current.

9.2 The Enrollment Committee shall prepare a minimum of four (4) copies of the roll of Tribal members.

9.3 The roll shall contain for each person; an enrollment number, name, address, sex, date of birth and where applicable, date of death.

9.4 The roll shall be updated at least once per year to add newly enrolled Tribal members.

Section 10: Confidentiality

Records and enrollment files are subject to strict confidentiality.

10.1 As used in this Ordinance, "records" and "enrollment files" are any items or information about or collected from individuals, including, but not limited to, birth certificates, genealogy reports, or other documents that contain the individual's name, or identifying particulars assigned to the individual, such as photographs, which information is collected for the purpose of determining the eligibility for enrollment in the Tribe of an individual or members of an individual family.

10.2 Each person who supplies or is asked to supply information about them shall be informed of the use or uses to which the information may be put, and what the consequences, if any, are of not supplying the information.

10.3 Records and Membership enrollment files shall be maintained, at a minimum, subject to the following safeguards, or safeguards affording comparable protection:

10.3.1 Areas in which the records are maintained or regularly used shall be posted with an appropriate warning stating that access of the records is limited to authorized persons.

10.3.2 During working hours, the area in which the records are maintained or regularly used shall be occupied by authorized personnel.

10.3.3 During non-working hours, access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.

10.3.4 Records and enrollment files maintained on computer shall be maintained, at a minimum, subject to safeguards, which are adequate and appropriate to assure the security and integrity of records in the system.

lO.4 Unless disclosure to a particular person or person is authorized pursuant to section 10.5, records contained in individual enrollment files may only be handled and reviewed by the following persons:

10.4.1 Members of the Tribal Council when performing an official enrollment related function;

10.4.2 Members of the Enrollment Committee;

10.4.3 The Tribe's attorneys and any enrollment or membership consultant whose work is dilly authorized by the Tribal Council;

10.4.4 Members, or the parent or guardian of a Member under the age of eighteen (18) years of age, who desire to review their own personal records.

10.5 No records contained in individual members enrollment files may be disclosed by any means of communication to any person other than those authorized in subsection 10.4, except pursuant to a written request by, or with the prior written consent of the individual to whom the record pertains, except:

10.5.1 To the Bureau of the Census for purposes of planning or carrying out a census or surveyor related activity pursuant to the provisions of Title 13 of the United States Code.

10.5.2 To a recipient who has provided the Enrollment Committee with written assurance that the record will be used solely as a statistical research or reporting record, and the records are to be transferred in a form that is not individually identifiable.

10.5.3 To a person pursuant to a court's determination that such disclosure is necessary to protect the health and safety of the member or their family.

10.5.4 Pursuant to any other order of a court with jurisdiction over the Tribe.

10.6 Where a record is disclosed to any person or agency under any of the specific exceptions provided by sections 10.4 or 10.5, a written notice shall be made and placed in the member or applicant's file. The accounting shall record:

10.6.1 The date, nature and purpose of each disclosure of a record to any person or agency; and

10.6.2 The name and address of the person or agency to whom the disclosure was made.

10.7 Requests for access to enrollment files or records shall be made in writing to the Enrollment Committee.

10.7.1 Decisions as to whether or not to grant the requested access shall be made by the Enrollment Committee who shall have the right to consult with the Tribal Council if the request is unusual. The Enrollment Committee shall have the right to assess and collect a standard fee, approved in advance by the Tribal Council, to cover the costs of collecting and/or copying records. The individual shall be notified of the amount of the fees due in advance of his/her receipt of the records.

10.7.2 A decision denying a request for access, in whole or in part, shall be in writing and shall state the basis for denial of the request. The notice shall also contain a statement advising that the decision to deny access may be appealed to the Tribal Council no later than twenty (20) days following receipt of the denial.

Section 11: Ratification of Prior Enrollment Decisions

Nothing contained in this Ordinance shall modify or invalidate enrollment decisions made or approved by the Enrollment Committee, Tribal Council or of the Tribe prior to the effective date of this Ordinance, provided however, that any previously disenrolled person that qualifies for enrollment pursuant to Section I, shall maintain the opportunity to re-apply for Tribal membership pursuant to Section 3.

This ordinance was approved March 10^th, 2001.

Picayune Rancheria Tribal Constitution

2012-02-04T18:52:43Z

THE CONSTITUTION OF THE

PICAYUNE RANCHERIA

OF THE

CHUKCHANSI INDIANS

As ratified by the Membership

In October 1988

Preamble.................................................................................................................................................... 3

Article 1- Name....................................................................................................................................... 3

Article 2- Territory................................................................................................................................. 3

Article 3-Membership.......................................................................................................................... 3

Section 1- Membership........................................................................................................................ 3

Section 2- Petitions for Membership............................................................................................ 4

Section 3- Dual Enrollment............................................................................................................... 4

Section 4- Base Membership Roll.................................................................................................. 4

Article 4- Governing Body................................................................................................................. 4

Section 1- General Council................................................................................................................. 4

Section 2- Tribal Council..................................................................................................................... 4

Article 5- Powers of the Governing Body................................................................................. 5

Article 6- Meetings................................................................................................................................ 6

Section 1- Tribal Council Meetings................................................................................................. 6

Section 2- Quorum................................................................................................................................ 6

Section 3- General Council Meetings........................................................................................... 6

Section 4- Quorum General Council............................................................................................ 6

Article 7- Elections.................................................................................................................................. 6

Section 1- Members of the Tribal Council.................................................................................. 6

Section 2- V0ter Qualification........................................................................................................ 7

Section 3- Qualification of Candidates...................................................................................... 7

Section 4- First Election....................................................................................................................... 7

Section 5- Nominations....................................................................................................................... 7

Section 6- Election Ordinances........................................................................................................ 7

Section 7- Settlement of Election Disputes.............................................................................. 7

Article 8- Officers.................................................................................................................................... 8

Section 1- Election................................................................................................................................... 8

Section 2- Duties of Officers............................................................................................................. 8

Section 3- Qualifications..................................................................................................................... 8

Article 9- Vacancies............................................................................................................................... 8

Article 10- Removal, Recall, Forfeiture...................................................................................... 8

Section 1- Removal................................................................................................................................ 8

Section 2- Recall...................................................................................................................................... 8

Section 3- Forfeiture............................................................................................................................. 8

Article 11- Referendum........................................................................................................................ 9

Article 12- Bill of Rights........................................................................................................................ 9

Article 13- Amendments.................................................................................................................... 10

Article 14- Severability....................................................................................................................... 10

Article 15- Ratification........................................................................................................................ 10

Publishers note: Article 12- Bill of Rights is erroneously listed as Article 11 as well as Article 11- Referendum in the original text of the approved Constitution. This created an error in the numbering of the remaining Articles. This error has been corrected for this publication.

PREAMBLE

We, the Chukchansi people of the Picayune Reservation, in order to form a tribal organization to handle our Tribe’s affairs, improve the economic conditions of ourselves and our posterity, promote our common welfare, conserve and develop our land and other resources, encourage educational progress, and secure our powers of self-government, do hereby establish this Constitution.

ARTICLE ONE: NAME

The name of this organized body shall be the Picayune Reservation, referred to hereinafter as “the Tribe.”

ARTICLE TWO: TERRITORY AND JURISDICTION

The jurisdiction of the Tribe shall extend to all lands comprising the Picayune Rancheria, as described in the Stipulation for Entry of Judgment, entered in Hardwick, et al. v. United States, et al., N.D. Cal. No. C-79-1710-SW, notwithstanding the issuance of any patent, and to all lands hereafter acquired in any manner by the Tribe.

ARTICLE THREE: MEMBERSHIP

SECTION ONE: MEMBERSHIP

The Membership of the Tribe shall consist of:

All persons who where listed as distributee’s or dependent members of distributee’s in the plan for distribution of the assets of the Picayune Rancheria, as approved by the Secretary of the Interior on June 30, 1960.
All persons of Chukchansi Indian blood who have a special relationship with the Tribe not shared by Indians in general, and who have received allotments of public land under the General Allotment Act of 1887, 25 USC § 331 et seq., as listed on any official roll of the Bureau of Indian Affairs.
Persons who are direct lineal descendants of individuals eligible for membership under either subsection (1) or (2), regardless of whether the ancestor through whom eligibility is claimed is living or deceased, providing such descendant is of Chukchansi Indian blood.
All persons of Chukchansi Indian blood who have a special relationship to the Tribe not shared by Indians in general, who have been accepted into membership under Section 2 of this Article.
All Applications for membership from any person of Chukchansi Indian blood shall be submitted to the Enrollment Committee, which shall rule on the application pursuant to an Enrollment Ordinance adopted by the Tribal Council.
Nothing in this section shall affect property rights existing prior to ratification of this Constitution of any member of the Tribe.

SECTION TWO: PETITIONS FOR MEMBERSHIP

At any time within one year (1-year) of the date of the ratification of this Constitution, any person of Chukchansi Indian blood who believes her/himself to be entitled to membership in the Tribe, and who does not fall within the provisions of Sections 1(a)(1), (2) or (3) of this Article, may petition the Tribal Council for admission into membership. The Tribal Council shall review such petitions and determine whether the petitioner has, has had or is the descendant of a person of Chukchansi Indian blood who had, a special relationship with the Tribe not shared by Indians in general. If the Tribal Council determines that the petitioner is eligible for membership under this provision, the petitioner shall be accepted as a tribal member with all rights and responsibilities of membership, and her/his name shall be added to the Base Membership Roll.

The Tribal Council may, at its discretion, extend the time for petitions under this section for up to one additional year.

SECTION THREE: DUAL ENROLLMENT

No person shall be enrolled as a member of the Tribe if she/he is recognized as a member of any other Tribe, band or Indian community.

SECTION FOUR: BASE MEMBERSHIP ROLL

The Base Membership Roll (the Roll) shall be prepared in accordance with an ordinance adopted by the Tribal Council. Such an ordinance shall contain provisions for establishment of an Enrollment Committee, enrollment procedures, including application forms, approval or disapproval of applications, rejection notices, and appeals procedures, for corrections to the Roll, and for keeping the Roll current.

ARTICLE FOUR: GOVERNING BODY

SECTION ONE: GENERAL COUNCIL

The General Council shall consist of all enrolled members of the Tribe, eighteen (18) years of age or older. The General Council shall exercise those powers delegated to it by this Constitution.

SECTION TWO: TRIBAL COUNCIL

The governing body of the Tribe shall be known as the Tribal Council. The General Council shall elect from its own members by secret ballot a Tribal Council consisting of seven (7) members.

ARTICLE FIVE: POWERS OF THE GOVERNING BODY

The Tribal Council shall have the following powers:

To promulgate and enforce bylaws and ordinances necessary to carry out its powers under this Constitution.

To promulgate and enforce ordinances governing the conduct of the members of the Tribe, and non-members within the Tribe’s jurisdiction.
To safeguard the peace, safety, morals and general welfare of the Tribe.
To confer with the Secretary of the Interior or his representative and make recommendations regarding the uses and disposition of tribal property.
To prevent the sale, disposition, lease or encumbrance of tribal lands, interest in lands, or other community assets of the Tribe, provided that no tribal lands shall ever be sold or encumbered except for tribal purposes, or leased for a period exceeding five years, except that leases for mining purposes may be made for such longer periods as may be authorized by the Tribal Council.
To purchase in the name of the Tribe any land or other property the Tribal Council may deem beneficial to the Tribe.
To acquire under condemnation proceedings in courts of competent jurisdiction, land or other property.
To administer and regulate the use and disposition of all Tribal property.
To borrow money from any governmental agency, and to pledge or assign future Tribal income as security for such loans.
To manage Tribal funds in accordance with approved resolutions.
To collect and expend any tribal funds within the exclusive control of the Tribe, and to recommend the expenditure of any other tribal funds.
To regulate the conduct of business activities within the exterior boundaries of the Picayune Reservation.
To manage all economic affairs and enterprises of the Tribe.
To promulgate and enforce ordinances providing for taxes, assessments and license fees upon all persons doing business within the exterior boundaries of the Picayune Reservation, and to grant special rights or privileges to, and otherwise regulate the conduct of business activities within the Picayune Reservation.
To apportion available tribal funds for public purposes.
To administer any funds within the control of the Tribe and to make expenditures of available funds for tribal purposes in accordance with a budget approved by the Tribal Council, provided that all expenditures of the tribal funds under the control of the Tribal Council shall be made only by resolution, duly approved at regular or special meetings of the Tribal Council, and that the amount so expended shall be a matter of record.
To charter subordinate organizations for economic purposes and to regulate the activities of all cooperative associations of members of the Tribe by ordinance.
To waive the Tribe’s sovereign immunity from unconsented suit, provided that any such waiver must be approved by a two-thirds majority of all members of the Tribal Council.
To appoint necessary committee’s.
To delegate to subordinate boards, or cooperative associations any of the powers enumerated herein, reserving the right to review any action taken by virtue of such delegated powers.
To provide for the protection and preservation of tribal property, wildlife and natural resources.
To cultivate and preserve native Chukchansi arts, crafts, language, culture and Indian ceremonials.
To provide for the establishment of a Tribal court for all purposes allowed by law, including exercising the Tribe’s jurisdiction and protecting the rights and interests of the Tribe’s members under the Indian Child Welfare Act, 25 USC § 1918.
To exercise such further powers, consistent with this Constitution, as needed to carry out the powers listed herein.

ARTICLE SIX: MEETINGS

SECTION ONE: TRIBAL COUNCIL MEETINGS

Regular meetings of the Tribal Council shall be held on the fourth Monday of each month in a place designated by the Tribal Council. Special meetings of the Tribal Council may be called by the Chairperson and shall be called by her/him upon receipt of a petition signed by at least three (3) Tribal Council members and when so called, the Tribal Council shall have the power to transact business as in regular meetings provided that a quorum is present. Council members shall be notified at least three (3) days in advance of all special meetings.

SECTION TWO: QUORUM

A quorum of the Tribal Council shall consist of four (4) members of the Tribal Council. No business shall be transacted unless a quorum is present.

SECTION THREE: GENERAL COUNCIL MEETINGS

Regular meetings of the General Council shall be held quarterly. The date, time and place shall be determined by the Tribal Council. Special meetings of the General Council may be called by the Chairperson of the Tribal Council upon receipt of a petition signed by at least 51% of the General Council.

SECTION FOUR: QUORUM-GENERAL COUNCIL

A quorum of the General Council shall consist of 35% of the General Council. Once a quorum of the General Council has been established, a quorum shall consist of those present who may then conduct all business. If a quorum is not established, the Chairperson may then move to reschedule or adjourn the meeting.

ARTICLE SEVEN: ELECTIONS

SECTION ONE: MEMBERS OF THE TRIBAL COUNCIL

Members of the Tribal Council shall be elected pursuant to an appropriate election ordinance, and shall serve until their successors are duly installed.

SECTION TWO: VOTER QUALIFICATION

All enrolled members of the Picayune Reservation, who are eighteen (18) years of age or older are qualified voters.

SECTION THREE: QUALIFICATION OF CANDIDATES

Candidates for membership on the Tribal Council shall be qualified voters and shall reside within a 75-mile radius of the Picayune Reservation.

SECTION FOUR: FIRST ELECTION

The officers of the Tribal Council elected under the Constitution of the Picayune Reservation, approved March 31, 1987 (hereinafter “the provisional Tribal Council”), sitting at the time of ratification of this Constitution, shall hold office until their successors are duly elected and seated. The first regular election of officials under this Constitution shall be held on within thirty (30) days after ratification of this Constitution.

At the first election held under this Constitution, the four (4) candidates receiving the highest total of votes shall be elected for a term of two (2) years. The first Chairperson, Secretary and Treasurer of the Tribal Council shall be elected from these four (4) members. The three candidates receiving the next highest total of votes shall be elected for a term of one (1) year. The Vice-Chairperson of the Tribal Council shall be elected from these three (3) members. Thereafter, all terms of office shall be for two (2) years.
The date of the annual elections shall be determined by the Tribal Council. Tribal Council members shall hold office until their successors are duly elected and installed.

SECTION FIVE: NOMINATIONS

The time, place and manner of nominations shall be specified in the election ordinance adopted pursuant to Section Six of this Article.

SECTION SIX: ELECTION ORDINANCES

The Tribal Council shall adopt an Election Ordinance following the effective date of this Constitution. Such ordinance shall include but not be limited to the following provisions: secret balloting, nomination of candidates, absentee balloting and procedures for resolving election disputes.

The Election Ordinance shall also include provisions regarding the conduct of a recall and referendum elections, and a uniform procedure for submitting petitions. Elections to amend this Constitution shall be conducted in accordance with Article Thirteen of the Constitution. The governing body is to conduct elections in accordance with the Election Ordinance.

SECTION SEVEN: SETTLEMENT OF ELECTION DISPUTES

All election disputes, including the determination of the qualifications of any voter or any candidate, if questioned, will be resolved by an Election Committee established under the Election Ordinance.

ARTICLE EIGHT: OFFICERS

SECTION ONE: ELECTION

The Tribal Council shall elect from its membership a Chairperson, a Vice-Chairperson, a Secretary and a Treasurer.

SECTION TWO: DUTIES OF OFFICERS

The duties of the officers of the Tribal Council shall be enumerated in bylaws adopted by the Tribal Council at its first regular meeting after taking office.

SECTION THREE: QUALIFICATIONS

Officers of the Tribal Council shall:

Be twenty-five (25) years of age or older.
Reside within a 75-mile radius of the Reservation.
Have attended at least eight (8) Tribal Council meetings within the past year and have demonstrated an active involvement in Chukchansi affairs.

ARTICLE NINE: VACANCIES

Any office which has been vacated, whether by removal, recall or forfeiture, shall be filled by appointment of the Tribal Council at its next meeting and such replacement shall serve the unexpired term of office.

ARTICLE TEN: REMOVAL, RECALL, FORFEITURE

SECTION ONE: REMOVAL

The Tribal Council may, by a majority vote, remove any member of the Tribal Council for neglect of duty or gross misconduct. Any Tribal Council member subject to removal shall be given due notice and an opportunity to be heard, and shall receive a written statement of charges against her/him at least thirty (30) days before the meeting at which the removal will be voted upon.

SECTION TWO: RECALL

Within ten (10) days of receipt of a petition signed by at least 51% of the qualified voters demanding the recall of any member(s) of the Tribal Council, the Tribal Chairperson shall call a special election on the question of the recall. The special election shall be held within thirty (30) days from the date of the publication of the notice of the election. The election shall be held in the manner prescribed in the Tribe’s Election Ordinance in accordance with Article Seven, Section Six of this Constitution. The decision of a majority of the voters voting in the recall election shall be final, provided that at least 30% of the qualified voters voted in the election.

SECTION THREE: FORFEITURE

Any member of the Tribal Council, or other tribal official who, during the term for which she/he is elected or appointed, is convicted of a felony in any federal or state court shall automatically forfeit her/his office effective on the date of her/his initial conviction in court. Any official found guilty by the Tribal Council of behavior involving misconduct reflecting on the dignity and integrity of the Tribal Council, malfeasance in office, or gross neglect of duty, shall be removed from office by a majority vote of the Tribal Council, in accordance with Section One of this Article. Any member who shall absent himself from three successive meetings without being excused for cause, shall forfeit all rights of his office.

ARTICLE ELEVEN: REFERENDUM

Upon presentation to the Tribal Council of a petition signed by at least 30% of the qualified voters, the Tribal Council shall either:

Adopt the provision(s) of the petition by ordinance, resolution or other appropriate actions.
Call an election at which the issue(s) presented by the petition may be voted on within sixty (60) days, by secret ballot. The Tribal Council shall abide by the vote of the majority of the voters in any such election, provided that at least 50% of the qualified voters have voted.

ARTICLE TWELVE: BILL OF RIGHTS

SECTION ONE

All members of the Tribe shall enjoy without hindrance, freedom of worship, conscience, speech, press, assembly and association.

SECTION TWO

This Constitution shall not in any way alter, abridge or otherwise jeopardize the rights and privileges of the members of the Tribe as citizens of the State of California or the United States.

SECTION THREE

Individual property rights of any member of the Tribe, vested prior to the adoption of this Constitution, shall not be altered, abridged or otherwise affected by the provisions of this Constitution.

SECTION FOUR

Tribal Members shall have the right to review all tribal records, including financial records, at any reasonable time in accordance with procedures established by the Tribal Council.

SECTION FIVE

The Tribe, in exercising its powers of self-government, shall not:

Make or enforce any law prohibiting the full exercise of religion, or abridging the freedom of speech or of the press, or the right of the people to peaceably assemble and to petition for redress of grievances.

Violate the right of the people to be secure in their persons, houses, papers, and affects against unreasonable search and seizure, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.
Subject any person for the same offense to be twice put in jeopardy.
Compel any person in any criminal case to be a witness against himself.
Take any private property for public use without just compensation.
Deny any person in a criminal proceeding the right to a speed trial, to be informed of the nature and cause of the accusation, to be confronted with their witnesses in favor, and, at his own expense to have assistance of counsel for his defense.
Require excessive bail, impose excessive fines, inflict cruel and unusual punishment, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of six (6) months or a fine of $500 or both.
Deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of laws.
Pass any bill of attainer or ex post facto law.
Deny any person threatened with imprisonment the right, upon request, to a trial by jury of not less than six (6) persons.

ARTICLE THIRTEEN: AMENDMENTS

This Constitution may be amended by a majority vote of the qualified voters of the Tribe voting at an Election called for that purpose, provided that at least 35% of those entitled to vote shall vote in such election. It shall be the duty of the Tribal Council to call an election on a proposed amendment upon presentation of a petition signed by at least 30% of the eligible voters. No elections to amend this Constitution may be called except as provided herein.

ARTICLE FOURTEEN: SEVERABILITY

If any provision of this Constitution shall be in the future declared invalid by a court of competent jurisdiction, the invalid provision or provisions shall be severed and the remaining provisions shall continue in full force and effect.

ARTICLE FIFTEEN: RATIFICATION

This Constitution shall be effective when ratified by a majority of the voters eligible to vote thereon, as determined by the provisional Tribal Council described in Article Seven, Section Four, in a special election called by the provisi

I Just Want to say Goodbye Mom

2011-03-17T07:43:00Z

Mom, how can I tell you something,

something you would already know...

How can I express to you my thoughts

on how your life made my life

something that touched me deep into my soul

It has been many years since joining your journey

through time and space, so many years since

the first time I can remember the first time I saw your face.

In the years that came, you made me laugh, you made me smile

you made me cry, and you could get me riled...

How many times did I share experiences in this life?

How many times did I square off , yelling, screaming,

pouting, shouting, then let it go as if to show that

it didn’t matter, because we had each other-and

even if neither said what the other knew was true

that life wouldn’t be the same if it wasn’t for you.

Then came the day the day that would be the last one

I would know, when your journey would come to its end,

as you lay in the hospital

surrounded by your family and friends,

You knew that the time had come, as you asked me to go home

I mustered my strength and said to relax, to not be afraid

while all the while my heart was breaking, my mind was

screaming, please mom, please don’t go, I still love you

I still need you to be here, I need you to be here...

But, alas, as so oft en turns out

to be the case, no amount of hoping, wishing

praying will stop nature on its relentless pace.

When you held my hand and I held yours

I wished in that moment, that I had held it

so many times before and then I had to let you go...

and through the tears, and the agonizing grief, I want

nothing more than to tell you that no matter what, no

matter what, all I have for you is this love,

which never diminished in strength,

this love that forged our bond

it’s a bond that no one could break

Of course it’s something that you already know, that the love

between a mother and her son is a love that I was blessed with,

and it’s that love that gives me the strength

I need, the courage I need to be strong, to live on when I can no

longer breathe, and still let you go.

Now this journey is over mom, and I hope you are free..

I don’t want you to worry mom, please don’t linger in grief

just know that I love you as I have always loved you...

And, when my journey is over, I hope to see you once again,

knowing our love is still there, waiting to say hello once more

as I see your face, like so many years before.

--Bryan Galt

March 4th, 2011

Why Not Sell "The Plunge" To Eliminate Deficits?

2011-01-26T09:25:00Z

I've been reviewing the debate on heath care, taxation, assistance to the poor, greater assistance to the rich, and the fallout that occurs as the politicians run for cover or simple stand their ground regardless of how stupid the position is, and I've decided that some of what is going on amounts to loyalty to an old proposition: social Darwinism.

When the fight gets really tough, you'll find a lot of our leaders pulling this stunt (placing head in sand and ass in air makes what happens next much easier!).

Now, let's think about this from the point of view of a bean-counter, because there are lots of those types out there right now making a huge amount of money touting their points of view. The "Question of where are the largest expenditures of federal funds and how do we get them under control?" has been the mantra of the Republican's for some time now, but it's just a deception.

What the Republican's really want is to get rid of the poor altogether, and not by making them richer either. If they had their way, and they will eventually have their way, the poorest of the poor will be deemed as unfit for our society. The first of these folks to feel the pinch will be prisoners and homeless people. There are already suggestions in polite society about how to cut costs of prisons starting with sterilization of sex offenders.

And hey, who wouldn't be for cutting off the balls of some sicko that likes little boys or girls? It's a very deserving punishment right? But, this is where it gets interesting, we are not going to stop there, especially since we are already in the process of making another massive upset occur even as I type.

If you haven't been keeping up, the works of Mark Twain are under assault for the number of times it uses the word "nigger" in them. The mainstream media have even supported changing the books of Twain to use the word "slave" instead. But, guess what has happened? There are polite idiots out there that want the fact that this country even had slaves to be stricken from the record! Yep, the House of Representatives didn't mention slavery while reading the Constitution in January. Now, a group of yo-yo's want's the state of Tennessee to strike all references to slavery from their history books, so as to help the children understand why the "N" word is so bad.

Now, you may be asking yourself how are these items related-social darwinism which assaults the poor, and white-washing our history. Well, the fact is simple: when you start to erase and re-write history to please one group, then you are doing so at the expense and the suffering of the affected groups. When you claim to be doing this for their own good, you are insulting the hardships suffered by those groups to gain their places in our social structure.

Once you start to allow this to happen, then it can become all too easy to take other steps to make society a better place for everyone-well, everyone that is in the right demographic that is. When any group has so much influence in a society that it can re-write history, that they can re-write laws to protect their interests at your expense, that they are above the laws that others are subjected to, then that nation and it's society is in for serious oppression, period.

And, that's where the bean counters come in. You see, no current political leader (and I use that term loosely) has the courage to take on the very rich and raise taxes, or even to take on the responsible position of saying that they must be raised. This same leadership is also too afraid to simply cut off too many benefits (yet) because they fear the potential backlash. However, even now you are going to start reading how social security, medicare and medicaid are going to sink this country from it's enormous debt (it's a lie), and that something must be done for our future!

What should that something be? Well, let's start to think about how much money we could save if we could convince people who are old or very disabled to "volunteer" to be euthanized rather than milk the system for millions of dollars of benefits that aren't benefitting anyone!

Wall Street could start selling another financial derivative pool that profits from the number of people that take that option rather than draw it out for five or twenty more years. Once they are sent "to a better place" their potential future payments could be sent to the stock market as profits rather than as expenses.

In fact, the whole idea of volunteering for "The Plunge" could be woven into every part of social acceptance since it would: save money, conserve the environment, create a better living for the younger and more affluent people, make America more competitive, lower the federal debt, increase national security, show your patriotism and so on!

It would only take about 50% of the current number of people who are drawing social security retirement or disability benefits to take the plunge while keeping the payroll taxes at the same levels to eliminate the deficit altogether (my math is as fuzzy as any Republicans!). Thanks Granny for giving a better life to the more deserving!

Of course, this doesn't apply to anyone who is rich enough that they don't need social security, nor to anyone who can prove that they won't need disability payments for longer than 24 months or so. Anything longer would mean that you are a burden to society, not a contributor, so you would qualify for the ultimate in patriotism and volunteerism by taking the Plunge!

And, for those who aren't willing to take "The Plunge" we will adjust the laws to allow for their eventual sacrifice, since by then we will have proven without a doubt that there is no downside to the idea of getting all these expenses off the books, turning them into profits!

And American's can finally stop living with the dread of becoming poor, because there will be poor no more! It will only cost us 40 million caskets, which by the way is a lot cheaper than even a single week in the hospital for that same 40 million people!

This is my prediction for the times to come, as long as the poorer folk continue to allow the richer folks to call the shots. It's just history repeating itself.

In my next post, I'll present the numbers as they are currently written, you know the ones that the bean counters are already using to justify cutting everyone loose....

Religion, Hypocrisy and How Tolerance Must Prevail

2010-09-05T03:02:00Z

(09-04) 16:41 PDT Sacramento, Calif. (AP) --

Thousands of Christian conservatives spent 12 hours Saturday praying and fasting in front of the state Capitol at a gathering organizers described as spiritual repentance "when there is no hope for a nation."

The daylong religious event titled, "TheCall to Conscience," was led by Lou Engle as well as other pastors and speakers to protest gay marriage, pornography and abortion. Many of those attending slapped red "Life" stickers over their shirts and set up blankets and folding chairs facing a large stage with banners that read: "Only One Hope God."

People close to the front of the stage held up their hands when called to prayer. They jumped and danced to musical performances between sermons. The gathering filled the west lawn of the state Capitol and hundreds of people spilled into the next block, but the rest of Capitol Mall's five-block-long lawn went unused despite large screens and barricades set up for the occasion.

Offering stations were set up throughout the area.

The idea that what they are protesting has anything to do with a conscience is incredible and makes my head spin at their lack of consideration for their fellow man.

WHAT WOULD JESUS DO?

Unless you can read the mind of the dearly departed JS, (and I'm referring to the resurrection), then you are going to be forced to SPECULATE as to what JESUS MIGHT HAVE DONE, based largely on writings by men, and interpreted over and over again to the point of causing unbelievable suffering and widespread wars. But, with a little help, I'll give the mind trick a shot:

According to the canonical Gospel of Matthew (Matthew 5:44), Gospel of Luke (Luke 10:27) and the Gospel of Mark (Mark 12:31), Jesus commanded to love ones neighbor as ones self and love God more than anyone, and called this the summary of the Mosaic Law.

He further taught his followers to love their enemies. Representing persecution as an act of love is considered irreconcilable to these teachigns by many. However, some have interpreted "neighbour" to only include Christians. Others believe that anyone who doesn't believe in Jesus is doomed to spend eternity in Hell; therefore, doing anything possible to save them from that fate (by forcing them to convert to Christianity by any means necessary) is an act of love.

According to the Christian Gospels, Jesus commanded people to withstand evil with good. Most people consider persecution to be immoral. According to the Christian Gospels, Jesus forbade to hate (cf. Luke 14:26, Revelation 2:6). Persecution implies hate. Paul of Tarsus, as well as Jesus himself, allegedly considered the commandment to love the supreme law.

According to the the Christian Gospels, Jesus said not to judge other people. Persecution can be considered as a crude way of judging others, and so equel measures can be vlaidly taken agaisn those Christians whom persecute others.

Jesus supposedly did not fight back when he was harassed, arrested, and crucified, nor did his disciples, except Saint Peter, who was rebuked by Jesus. A claim is that in the canonical Gospels, the Acts and the Letters, there is no description of any case of persecution by Christians which could be used as a precedent for Christian persecution of other groups.

GREED, JEALOUSY, ENVY, LUST, PRIDE, MURDER

When the Christian authority arrived in the New World with the Spanish, they helped to coordinate the destruction of three major Native cultures in Central and South America: The Inca, Maya and Aztec, labeling them to be pagans and barbarians. Anyone that would not convert was murdered. The writings of these cultures was considered to be the work of the devil and was almost completely destroyed.

This was only interrupted long enough to pillage the cities of these races, taking every scrap of gold and other valuable artifacts back to Spain as quickly as possible. This process went on for centuries and resulted in an estimated 50 million Native deaths. Who were the true barbarians here?

ON THE HIGHWAY TO HELL

I am also perplexed at the fact that Christians seem to be so stuck on their destructive paths even though their religious beliefs have led to widespread death and destruction from within their own ranks as well. Millions of Christians have been killed by other religious sects (as have millions of Muslims, Hindus, and many others).

However, I am convinced that humans are not equipped to break the repeating cycle of history, and the major religions help to make it a certainty that we will be stuck on this treadmill forever.

For example, Christian anti-Semites blame Jews in general for the death of Jesus (whom Christians believe to be God made man). This belief has been cited by many Anti-semites as justification for their animosity towards the Jews. St Matthew's Gospel (Mt 27:25) quotes a Jewish mob crying, shortly before the Crucifixion, "His blood be on us and on our children"; this quotation is taken by some to refer to all Jews. This view held sway in many parts of Christian Europe throughout the Middle Ages, including by Heinrich Kramer and James Sprenger (aka Jacob Sprenger) in the Malleus Maleficarum (1486).

"And again, the Jews sin more greatly than the Pagans; for they received the prophecy of the Christian Faith in the Old Law, which they corrupt through badly interpreting it, which is not the case with the Pagans. Therefore their infidelity is a greater sin than that of the Gentiles, who never received the Faith of the Gospel."

The same biblical quote fom the Gospel of Matthew was used by Adolf Hitler, but in modern times it is held by only a scarce minority of Christians. There are many quotes from Hitler proclaiming the actions of Germany as the actions of a Christian nation. In retrospect, Hitler was indeed correct since it obvious that Christians seem to gravitate towards a position of feeling superior to others, so much so that in their fervor anything is possible.

"Men never do evil so completely and cheerfully as when they do it from religious conviction." - Blaise Pasca

INSTANT RELIGION, JUST ADD NUTS

In the early 1800's, the newly founded religion of Church of Latter Day Saints (Mormons) found itself unwelcome in the United States. The church and its followers were driven out of the country into the western territories where they eventually settled in the Ute territory, taking the land away from the Ute Native Tribe (as Jesus would have done I'm sure), and settling in to build a state that eventually would join the Union.

What did the Mormon's learn from this experience? Not a damn thing. In fact, they remained such a racist organization that they were still preaching that blacks were inferior to whites even into the early 1970's. They are also outrageously homophobic, which seems to fit their religious model of getting married and having as many children as the poor woman can bear. They even took it a step further to allow polygamous families to increase the size of their flock.

The Mormon's helped raise $40 million in the fight to get Prop 8 passed. In my view, it will always be a black stain on their church, and one that will take a lot of effort on their part to remove, if that is even possible for such small minded people.

SHOULD BIBLICAL RULES APPLY TO ALL AS A LAW?

Why would anyone want them too?

By some of the quotes coming out of the Christian camp these days, it seems to me that they would like to have some parts of the Bible enacted into laws. Well, why wait for your fellow American's to see your tilted light? Pack your stuff up and move to the Middle East! Yes, in the sunny expanses of Israel, Jordan, Egypt, Saudi Arabia, Iraq, Iran, and a dozen others, you can feel the love and bonding that blending your belief in the mystical with the laws of the modern can create.

You should try this out, you know, kick the tires on living like that for a bit. Oh, if you happen to be female, well you are in for a treat! Your right to speak out on any issue that bugs you will have to be clipped. Sorry! Women are worth less that cattle in the Bible, and perhaps deservedly so. You ladies should be prepared to be fully covered in black cloth with the 120 degree sun blazing down on you. Of course, if you are outside, you better plan to have a chaperon or you may find yourself getting jailed, beat or worse.

Of course, the rest of us will find that our lives are somewhat more peaceful as more of you move to try out what it was like to live in the 13th century. In the meantime, you can start by getting your religious muscles in shape by examining the laws below:

DEUTERONOMY 22:13-21
If it is discovered that a bride is not a virgin, the Bible demands that she be executed by stoning immediately.
DEUTERONOMY 22:22
If a married person has sex with someone else's husband or wife, the Bible commands that both adulterers be stoned to death.
MARK 10:1-12
Divorce is strictly forbidden in both Testaments, as is remarriage of anyone who has been divorced.
LEVITICUS 18:19
The Bible forbids a married couple from having sexual intercourse during a woman's period. If they disobey, both shall be executed.
MARK 12:18-27
If a man dies childless, his widow is ordered by biblical law to have intercourse with each of his brothers in turn until she bears her deceased husband a male heir.
DEUTERONOMY 25:11-12
If a man gets into a fight with another man and his wife seeks to rescue her husband by grabbing the enemy's genitals, her hand shall be cut off and no pity shall be shown her.

Hey, if you are spouting off claiming to be a TRUE CHRISTIAN BELIEVER and you are breaking the rules above, and you are participating in the repression of gay rights, the you are nothing but a giant, unholy asshole.

IF I WERE KING FOR A DAY

If I were King for a day, and I could make any laws or rules I wished that would be the laws or rules going forward from that point forward, I would make rules that should be easy choices, not the diabolically polarized we see today:

1. Laws with a religious origin cannot be passed by any Legislative Body. No law may be enforced that has a religious implication.
2. All religions would be given two choices: keep your religion to yourself and family or; all religions would be banned from public exposition.
3. I would legalize gay marriage, and I would end our wars.

I would no doubt be shot by the day after that!

WRAPPING THIS UP FOR THE FUTURE

As these photos show, there wasn't an ounce of sympathy or mercy given to those caught under the boot heal of the Nazi's. Their Christian ethics (everyone works, with the state as the beneficiary). It's a shockingly short journey from being just an asshole to become a full fledged hate monger.

When you started reading this article, you probably have a fully developed opinion on gay marriage, gays in the military and so on. I know that I have a very strong opinion on these issues BUT I am shockingly able to keep them to myself when I'm outside of my blog and my house. I don't advocate returning to the Roman era handling of Christians, that was uncool.

Frankly, I am always a bit surprised that our species has made it to this point when taking into account just how hateful we are to each other. I ask: Is it not time that we stopped being us versus them and instead become on big family? If you cannot see a point in our history that provides more evidence to our ultimate need to forgive and to heal, you are simply no looking.

WHAT GOD WOULD WANT A GROUP OF BIGOTS IN HEAVEN TO BEGIN WITH? IF YOU BELIEVE IN THE GOD CONCEPT, THEN YOU HAVE NO CHOICE BUT TO ACCEPT EVERYTHING THAT WAS, HAS BEEN OR WILL BE MADE IS THE WILL OF YOUR GOD. TO SAY IT IS NOT IS TO SAY THAT YOUR GOD IS NOT OMNIPOTENT...AND THEREFORE YOUR TREATMENT OF OTHERS IN HIS NAME IS NOW AN ACT OF EVIL.

Think about it.

Times Have Changed But We Haven't

2010-08-26T17:56:00Z

In the past five months, I have been in the sinking social classification known as the "99'ers," the ubiqutous group of the unemployed that led the pack into the Great Recession and now have been left to die in the desert by the government, by our neighbors, friends and families. I am amazed at the amount of venomous comments I read around the country when it comes to the unemployed and any benefits that were being given to us during this marathon of a non-job recovery.

I am sickened to read that Joe Miller, some yahoo in Alaska, is probably going to win the Senate nomination for the Republican party because Sarah "I'm so pretty" Palin endorsed him and he has stated that unemployment extensions are unconstitutional, and probably so is social security in general. He would work tirelessly to make sure that these programs are stopped because lets face it, there is nothing that can drag a society down faster than bums collecting a check from the government and old geezers taking in oxygen and our tax dollars while waiting to shuffle off this rock. He and people like him don't have any patience or purpose for any of us left-over folks.

The fact that anyone could win a public office running on the platform of working tirelessly to screw the public is something from a Twilight Zone episode. When you consider that Alaska gets more federal tax dollars per capita than any other state, yet they are willing to elect someone who believes that the entitlement programs that have built someplace like Alaska should be done away with.

In the case of Alaska, I must agree that they should be cut off at the knees if they elect this asshole. If the people in Alaska think that sending a new senator to Washington who would do his best to continue enriching the disgustingly rich, shutting out the increasingly poor and laughing behind their backs as America's financial ruin looms on the horizon, if they think this should go unpunished, they are nuts. Of course, they also know that nothing will change for them anyway. Alaska is our northern trip wire in case the Siberian Eskimos decide to invade Nome. We don't want to get caught with our pants around our ankles again as Anchorage International gets overrun by reindeer in the middle of the night now do we.

I guess the issue that is bothering me the most is the people that keep writing "get a job you fucking bums." Well, I think that's a great idea. Can you dickheads point one out that doesn't have 500 people in line to get? When a water park opened at the beginning of the season in Fresno, they announced that they would be hiring 200 people. That day, 4,000 showed up to apply for minimum wage jobs. Guess who they weren't hiring? College graduates, people over 30, anyone that didn't look good in swim trunks, etc. In Las Vegas, a new hotel complex opened and attracted 125,000 people for 8,000 job openings.

You just know that all those people were there to put on the appearance of looking for work right? After all, according to our leaders, and our neighbors, we are just sitting around collecting checks like its a vacation. Well, it's been the worst vacation I've ever had.

Consider this idea for a moment. What was the reason for the creation of the unemployment insurance program? It was set up during the depression to serve two needs. The first was to get money into the hands of people that needed it and would immediately use it to purchase food, clothes, durable goods, rent, etc. The second and probably more important aspect of the program was to head off a revolution in America. The government was very concerned that the millions of people without jobs might figure out that they could take matters into their own hands and to the next level if something didn't change, and change immediately.

The unemployment insurance program doesn't work like a welfare or social security program does. In order for a citizen to collect on this insurance, he or she had become unemployed through no fault of their own, and they have to be available for full time work and apply for work while collecting the insurance. As an insurance program, why is it wrong for the beneficiaries to get paid when they meet all of the program critieria? Would it be wrong for someone to collect on a life insurance policy from a family member's death or collect a payment from a car accident? It's insurance right, not freeloading.

But with that said, times have changed in such a way that these types of programs can no longer be considered as a nuisance but a necessity of modern life. A hundred years ago and more people had the ability and the option to simply pack it up and move to the frontier with their cows, chickens and horses, find 160 acres and stake out a homestead. Our society was radically different then and it's something that we no longer have the option do to any more. We are so interconnected to each other now and interdependent on each other that any disruption could bring the whole house of cards down on us in an instant.

The bottom line is the next group of the unemployed will be reaching their 99 week limits pretty soon which is going to swell the ranks of the 99'ers into the multimillions. What then? If you are reading this, and you have a job, don't get too comfy because the rug has a way of getting jerked out from under you very quickly these days. If you're one of the bastards that keep criticizing the unemployed, you are not helping anyone by kicking someone who is already down for the count. What you should be doing is looking in the mirror, and looking around to see what else can you do, and what else should I do, before I'm next on the street.

And, If you are making demeaning and spiteful remarks while claiming Jesus, then double shame on you. I don't remember reading anywhere that Jesus directed his followers to stop worrying about the homeless, only the rich matter at Jesus DeNazarene's Palace, where souls get cleansed "WHILE YOU WAIT."

Okay, I've gone on for too long already and will conclude this ranting with a cautionary note: When we can no longer provide assistance to our fellow citizens because of the squeeling of all the piggies at the top, WE ARE DOOMED TO DESTRUCTION. When the poorest people in America vote for the Republican agenda, they are just using the slow suided mission, but that's not the way it should go. The people in America aren't suppost to begrude someone collecting an unemploynent check. I paid dearly for them: I lost my car, credit cards and the roof over my head before the first one arrived. What further sacrific was I expected to make?

I hope that some of you out there start to realize that it's not the unemplyed that is the problem. Its the rich that keep getting richer and and the ignorant that keep making it possible.

The Flow Of Money

2010-06-18T15:43:00Z

∞The Flow Of Money∞

Today, I read something that should be considered highly disturbing and a real wake up call for American citizens, especially those of you who don't pay attention to what the rest of the planet thinks.

According to the news, a very extensive poll was just completed that assessed the performance of President Obama, what his standing is in the world and how the world views America. The Pew Center poll showed some of the same numbers that we are seeing nationally, with Obama's numbers slipping faster than an oil slick lapping up on a Florida beach.

Are these numbers particularly distressing? Probably not when you factor in the high expectations placed upon him when he took over from Bush. Of course, if Donald Duck had been elected after Goofy, his expectations would have been dramatically high as well.

The numbers that are the most disturbing in the poll concerned the question about who is the world's leading economic power, and guess what, we weren't it. The People's Republic of China is now perceived as the economic leader of our world. What the heck is going on here?

While we Americans have stood by and let the Republicans bless our corporations with wonderful tax breaks and magical accounting tricks (such as claiming all their expenses here in the US but all their profits overseas), while we Americans have stood by and watched the dismantling of our industrial base with all those jobs being sent overseas, while we Americans stood by and allowed our wage standards to take a back seat to corporate greed, something huge happened.

We went cheap on everything. We decided collectively that we wouldn't pay an extra thirty cents for a product made in the USA if we could save that thirty cents buying it from China. Well, we have succeeded in saving money, and now China has all of the savings we thought we were getting.

China's cash reserves are estimated to be around $2 trillion, or about 1/7 of our entire monetary supply. WOW! What are we going to do now? I think I know...

We are going to keep doing what we always do-nothing. Well, maybe nothing is a bit too direct. We are going to be doing something: arguing about gay marriage, bitching about the "day after pill" for sluts who deserve to end up pregnant, sniveling because the Congress had given the banks hundreds of billions of dollars in corporate welfare, then voting the same bastards back into the race for the mid-terms, while simultaneously turning our backs on the formerly working Americans who need unemployment insurance to pay the rent in this the worst downturn since 1930.

Of course, the government isn't worried about this situation either. Congress continues to authorize the war in Afghanistan and the occupation of Iraq from one budget line while the CIA pays warlords in both countries to stir up the shit so our leaders can justify the billions of dollars a month being spent for us to stay there (NY Times expose June 2010).

It seems to be very clear that American's are no longer interested in being the leaders of men in our world. It is very clear that we are no longer interested in being the trailblazers that this country has been famous for over the last two hundred years as we allowed our industry to collapse, our space program to expire, our money to move out of our control, our education and health care costs to spiral out of control while our wages have tanked and for what? What have we gained?

It's a dark day in America when we collectively no longer care what our position is on this planet. I'm sure that the Roman's could never imagine the day would come when the Goth's would arrive at their doorstep as the empire collapsed. I'm sure that the British couldn't imagine that the sun could set on their empire one day.

What happens when people perceive you as weak and vulnerable? I'll let you know when the Chinese peacekeepers are pulling out of Los Angeles and redeploying to San Antonio to quell the new Alamo riots.

What really boggles my mind is how this country has squandered its opportunity to be something so much more, the chance to bring all mankind forward economically, morally and politically by using our powers for the greater good rather than for the enrichment of the few at the top of the economic heap.

Now, fifth graders who are thinking about becoming engineers are taking Chinese language classes, planning ahead for the day when they need to go to China to work (Comedy Central June 2010).

I guess all good things come to an end...and we are heading there faster than any society in human history...