The tribal council of the Pala Band of Mission Indians said its decision to expel eight people from the San Diego County tribe was final, but the Bureau of Indian Affairs said it was still reviewing the case.
In June, the tribal council sent a letter to the eight people saying they did not meet the criteria to belong, and that they had 30 days to file an appeal.
The eight people, who are family members of former Pala Chairman King Freeman, filed an appeal with the Bureau of Indian Affairs on June 29, which bureau officials said was within the deadline.
However, for some unknown reason, the tribal council said the appeal was not filed on time.
"This (removal from the tribe) was voted upon by the Enrollment Committee at a duly called meeting of the Executive Committee, on Aug. 3, with a quorum present," Pala Chairman Robert Smith wrote in a letter dated Nov. 3. "The grounds for said action are failure to file your appeal with the Bureau of Indian Affairs within the time period prescribed by law."
Smith's letter contradicts a letter sent by the Bureau of Indian Affairs last month to the eight people saying the appeal was received on time.
"The eight appeals were received at the Pacific Regional Office on June 29, 2011 and were timely filed," according to the letter signed by Amy Dutschke, the bureau's regional director in Sacramento.
Dale Risiling, the bureau's deputy regional director, confirmed last week that the letter was accurate and added that the agency was reviewing the case to issue its recommendation.
Doug Elmets, a spokesman for the tribal council, said the appeals were not submitted to the council and that the tribal government retains final authority on enrollment matters.
"They were given nearly five months to provide to the tribal council information to prove that they were entitled to be enrolled with the tribe, and they failed to do so, ultimately resulting in the council's decision to disenroll them," Elmets said.
He declined to address questions about the letter issued by the bureau that said the appeal was filed with the agency on time.
"Ultimately, issues such as these are the purview of the tribe," Elmets said.
As a result of their removal, those individuals will no longer receive benefits from the tribe, including about $13,000 in monthly payments from casino revenues.
One of the eight people who were disenrolled said she was speaking with her attorney on how to proceed.
"What does this mean for the eight disenrollees? I'm not sure, but we are waiting for advice from our lawyer on how to proceed next," said Gena Howard. "I hope that we take a very strong stance against this injustice."
The tribal council also sent a letter to an additional 120 people saying that they also must submit proof that they meet the criteria to belong in the tribe, primarily the 1/16th Pala blood requirement.
Call staff writer Edward Sifuentes at 760-740-3511.