We told you about this Pechanga story HERE
A Pechanga casino employee pleaded guilty to being an accessory to a crime after she was charged with accepting bribes from job applicants.
Coomchuen Zhou, 44, was sentenced to three years' probation Monday. Authorities accused her of extorting job applicants of $3,000 and teaching them to falsify work experience information to get hired.
Zhou pleaded guilty in a French Valley courtroom to the misdemeanor in exchange for dismissal of a felony charge of commercial bribery, court records show.
Will Larry Miranda's case be next?
Wednesday, December 17, 2008
Sunday, December 14, 2008
AMERICAN INDIAN RIGHTS & RESOURCES ORG. Calls on Barack Obama to GET INVOLVED.
A Temecula-based American Indian rights group is calling on President-elect Barack Obama's administration to get more involved in tribal matters, paying close attention to the recent rise in efforts to disenroll thousands of people from Indian nations.
John Gomez Jr., president of the American Indian Rights and Resources Organization in Temecula, said the administration has failed to protect individual Indians' civil rights."I think it would be appropriate to give them an F," Gomez said. "They are inconsistent, and they say they don't have the authority to get involved. They would rather not be involved, and that contradicts their mandate to protect Indian rights."
Gomez founded the group after he and about 250 other people were removed from the Pechanga Band of Mission Indians near Temecula in 2004. An official with the Bureau of Indian Affairs in Sacramento said the agency steps into membership disputes only when it is required to under a tribe's constitution, as it did last month with the San Pasqual Band of Mission Indians near Valley Center."Usually, these types of actions are within the tribe's authority," said Fred Doka, regional tribal operations officer for the bureau.
San Pasqual is one of several tribes in the state attempting to remove people from the tribe. The bureau said last month that the 59 people involved in the San Pasqual dispute were properly enrolled members and should not be removed.But San Pasqual is one of only a handful of tribes in the state whose constitution requires the bureau to get involved in such matters, Doka said. California has more than 100 American Indian tribes.
Even in instances in which tribal constitutions do not require the bureau to get involved, Gomez said the agency should take steps to make sure that those tribes also follow a fair process and that individual rights are protected.The rights group claims more than 2,000 people have been expelled from tribes in California since voters in the state legalized Indian gambling in 2000. Gomez said greed and a hunger for power have led tribes to unfairly oust people.
Gomez also said that he was encouraged by the names that are being discussed as potential appointments to head the Interior Department. He said that his organization has sent letters to the potential candidates asking them for their stance on enrollment matters. Some of the names that have been floated as possible candidates to head the Interior Department are: U.S. Rep. Raul Grijalva, D-Ariz.; Rep. Mike Thompson, D-Napa; and Kevin Gover, director of the Smithsonian's National Museum of the American Indian."Our position is that you can get involved" in enrollment matters, Gomez said. "Tribal sovereignty and American Indian civil rights are not mutually exclusive."
The BIA should get involved when tribes VIOLATE their own constitution to deny civil rights to their people, like in the case of Pechanga.
PLEASE CONSIDER JOINING AIRRO
John Gomez Jr., president of the American Indian Rights and Resources Organization in Temecula, said the administration has failed to protect individual Indians' civil rights."I think it would be appropriate to give them an F," Gomez said. "They are inconsistent, and they say they don't have the authority to get involved. They would rather not be involved, and that contradicts their mandate to protect Indian rights."
Gomez founded the group after he and about 250 other people were removed from the Pechanga Band of Mission Indians near Temecula in 2004. An official with the Bureau of Indian Affairs in Sacramento said the agency steps into membership disputes only when it is required to under a tribe's constitution, as it did last month with the San Pasqual Band of Mission Indians near Valley Center."Usually, these types of actions are within the tribe's authority," said Fred Doka, regional tribal operations officer for the bureau.
San Pasqual is one of several tribes in the state attempting to remove people from the tribe. The bureau said last month that the 59 people involved in the San Pasqual dispute were properly enrolled members and should not be removed.But San Pasqual is one of only a handful of tribes in the state whose constitution requires the bureau to get involved in such matters, Doka said. California has more than 100 American Indian tribes.
Even in instances in which tribal constitutions do not require the bureau to get involved, Gomez said the agency should take steps to make sure that those tribes also follow a fair process and that individual rights are protected.The rights group claims more than 2,000 people have been expelled from tribes in California since voters in the state legalized Indian gambling in 2000. Gomez said greed and a hunger for power have led tribes to unfairly oust people.
Gomez also said that he was encouraged by the names that are being discussed as potential appointments to head the Interior Department. He said that his organization has sent letters to the potential candidates asking them for their stance on enrollment matters. Some of the names that have been floated as possible candidates to head the Interior Department are: U.S. Rep. Raul Grijalva, D-Ariz.; Rep. Mike Thompson, D-Napa; and Kevin Gover, director of the Smithsonian's National Museum of the American Indian."Our position is that you can get involved" in enrollment matters, Gomez said. "Tribal sovereignty and American Indian civil rights are not mutually exclusive."
The BIA should get involved when tribes VIOLATE their own constitution to deny civil rights to their people, like in the case of Pechanga.
PLEASE CONSIDER JOINING AIRRO
Friday, December 12, 2008
DA Rod Pacheco will not charge Pechanga's Beating Victim
The Swan family has received the good news that they will NOT BE charged in the case of Richard Swan's BEATING by Pechanga security guards. Lack of evidence is the reason.
Riverside DA Rod Pacheco has still not determined whether the charge the security guard, who attacked Mr. Swan from behind, leaving them with thousands of dollars in medical bills. Take a look at Richard's picture on the left column for e-v-i-d-e-n-c-e.
Justice will be delayed for the Swan's but hopefully, not denied.
Riverside DA Rod Pacheco has still not determined whether the charge the security guard, who attacked Mr. Swan from behind, leaving them with thousands of dollars in medical bills. Take a look at Richard's picture on the left column for e-v-i-d-e-n-c-e.
Justice will be delayed for the Swan's but hopefully, not denied.
Thursday, December 11, 2008
Pechanga's Moratorium People: From Pechanga, But Not OF Pechanga
The Rios/Tosobal Family has ties to the Pechanga tribe, from his mother back to his great-great-great-grandmother, born in 1811. (That’s when Abe Lincoln was 2 years old!)
So, when his mother died in 1978 and left him a piece of reservation land, Manuel Rios Jr. began trying to make arrangements to bring water and electricity to the plot so he could set up a home there. 30 years later, he has yet to get tribal approval to do anything with the land.
Tribal officials had told him he and his family are not on the rolls, he said, and they won’t get considered for membership until a moratorium on new enrollments is lifted now extended past 2010. His family members, who number more than 100, have stacks of documents that they say they submitted to the enrollment committee 15 years ago.
As a nonmember, the Rios family has no recourse against the sovereign nation. He can’t sue the tribe in an outside or tribal court, and he can’t vote on the moratorium or cast a ballot against the elected tribal leaders.
The reservation has changed dramatically since Rios’ mother was a girl there, thanks to the opening of a $262 million resort and casino and other businesses. Now that tribal members collect a reported $30,000 in gaming profits a month, disputes over membership are commonplace.
Rios and others insist they once were members, and they allege that someone removed their names in order to ensure larger shares of gaming profits for the other members.
Tribal Chairman Mark Macarro has said tribes work hard to make sure that there’s due process in enrollment matters, yet, in reality, there is no due process.
He also contends that many recent applicants had no interest in the tribe until it was rich. ‘‘Where were these people before there was a casino?’’ Macarro asked.
Rios’ 53-year-old son, Manuel Rios Jr. of Riverside, said he’s glad his grandmother left the reservation, and her descendants avoided being mired in reservation poverty because of it. ‘‘I was out getting an education so I wouldn’t have to suck the money from the state of California to support me,’’ he said in an interview in Fontana. ‘‘We were paying for their (tribal member’s) welfare.’’
The Rios family members contend that the Pechanga tribal leadership is using sovereignty to improperly deny them membership and is acting like a dictatorship. In fact, Pechanga’s own constitution provides for OPEN ENROLLMENT every January. In the most recent disenrollment of the Hunter family, which occurred in 2006, the tribe stated that the membership, which voted to stop ALL disenrollments, had no authority to do so. That would mean, they have the power to keep people from getting IN, but no the authority to keep people from getting thrown OUT. That makes no sense at all.
So, when his mother died in 1978 and left him a piece of reservation land, Manuel Rios Jr. began trying to make arrangements to bring water and electricity to the plot so he could set up a home there. 30 years later, he has yet to get tribal approval to do anything with the land.
Tribal officials had told him he and his family are not on the rolls, he said, and they won’t get considered for membership until a moratorium on new enrollments is lifted now extended past 2010. His family members, who number more than 100, have stacks of documents that they say they submitted to the enrollment committee 15 years ago.
As a nonmember, the Rios family has no recourse against the sovereign nation. He can’t sue the tribe in an outside or tribal court, and he can’t vote on the moratorium or cast a ballot against the elected tribal leaders.
The reservation has changed dramatically since Rios’ mother was a girl there, thanks to the opening of a $262 million resort and casino and other businesses. Now that tribal members collect a reported $30,000 in gaming profits a month, disputes over membership are commonplace.
Rios and others insist they once were members, and they allege that someone removed their names in order to ensure larger shares of gaming profits for the other members.
Tribal Chairman Mark Macarro has said tribes work hard to make sure that there’s due process in enrollment matters, yet, in reality, there is no due process.
He also contends that many recent applicants had no interest in the tribe until it was rich. ‘‘Where were these people before there was a casino?’’ Macarro asked.
Rios’ 53-year-old son, Manuel Rios Jr. of Riverside, said he’s glad his grandmother left the reservation, and her descendants avoided being mired in reservation poverty because of it. ‘‘I was out getting an education so I wouldn’t have to suck the money from the state of California to support me,’’ he said in an interview in Fontana. ‘‘We were paying for their (tribal member’s) welfare.’’
The Rios family members contend that the Pechanga tribal leadership is using sovereignty to improperly deny them membership and is acting like a dictatorship. In fact, Pechanga’s own constitution provides for OPEN ENROLLMENT every January. In the most recent disenrollment of the Hunter family, which occurred in 2006, the tribe stated that the membership, which voted to stop ALL disenrollments, had no authority to do so. That would mean, they have the power to keep people from getting IN, but no the authority to keep people from getting thrown OUT. That makes no sense at all.
TASIN MEETING: One tribe is MORE sovereign than another.
In November, we posted a story HERE about one tribe attacking another at the recent TASIN (Tribal Alliance of Sovereign Indian Nations) meeting.
What we had there, was a case of TASIN taking the side of the Pechanga Band against another, smaller (read: non gaming) tribe. TASIN allowed Pechanga to dictate who the other tribe could have to represent/assist them at the meeting.
Instead of standing up to the smaller tribe's right to hire their own people and bring them, they asked that the individual be removed.
TASIN, who's mission statement says:
What we had there, was a case of TASIN taking the side of the Pechanga Band against another, smaller (read: non gaming) tribe. TASIN allowed Pechanga to dictate who the other tribe could have to represent/assist them at the meeting.
Instead of standing up to the smaller tribe's right to hire their own people and bring them, they asked that the individual be removed.
TASIN, who's mission statement says:
TO PROTECT AND PROMOTE TRIBAL SOVEREIGN GOVERMENT RIGHTS,
CULTURAL IDENTITY AND INTERESTS OF FEDERALLY RECOGNIZED TRIBES
LOCATED THROUGHOUT THE STATE OF CALIFORNIA.
couldn't or rather WOULDN'T even respect the sovereign rights of one of its OWN MEMBERS. When you allow one tribe to infringe on the sovereignty of another member tribe of your own organization, it makes a MOCKERY of what your whole organization is all about. In other words, Do As We Say, Not As We Do.
Shame on TASIN for allowing and supporting the actions of Pechanga in this case.
Wednesday, December 10, 2008
Will President Obama's Government Look into Tribal Disenrollments?
There is great hope that this new Congress will look into disenrollments, such as those perpetrated on their people by Pechanga, Redding, Picayune, San Pascual here in California. Will Rep. Diane Watson finally look into what's happening in her own back yard?
Capitol Weekly has a story up.
American Indian activists have high hopes for the new Barack Obama administration-including the hope that the issue of tribal disenrollments could finally be on the president's radar.
Many say they are closely watching who Obama will appoint to head the Department of the Interior, which overseas the Bureau of Indian Affairs (BIA). Meanwhile, the inclusion of disenrollment and other issues of importance to tribes have made it into a list of recommendations for question to ask potential Interior appointees issued by the federal General Accountability Office.
OP: We have letters posted to the candidates. PLEASE send one for each of your family members.
Last month, he named Harper and five other American Indians to his transition team. Harper was an plaintiff's attorney on the Cobell vs. Kempthorne case. This was a massive class action case charging Interior and Dick Kempthorne, the agency's director since 2006, with massive mismanagement of assets they held on behalf of American Indians.
Harper is also on record taking on some tribes that have disenrolled members, said activist Cathy Corey. In one memorable exchange on the Indian-themed radio show, he said that tribes that kicked out members were "not acting like nations."
While Harper is likely to get an appointment at Interior of elsewhere, he is not among the names being floated as director of the department. The two names that come up most often in connection to that job are Rep. Mike Thompson, D-Napa, and Kevin Gover, director of the Smithsonian's National Museum of the American Indian. Thompson has long been considered friendly to tribal issues; he has already been endorsed for the job by one California tribe, the Karuk
Read MORE at the link above.
Related Stories:
Tribal Flush
All that Glitters
Without a Tribe
Capitol Weekly has a story up.
American Indian activists have high hopes for the new Barack Obama administration-including the hope that the issue of tribal disenrollments could finally be on the president's radar.
Many say they are closely watching who Obama will appoint to head the Department of the Interior, which overseas the Bureau of Indian Affairs (BIA). Meanwhile, the inclusion of disenrollment and other issues of importance to tribes have made it into a list of recommendations for question to ask potential Interior appointees issued by the federal General Accountability Office.
OP: We have letters posted to the candidates. PLEASE send one for each of your family members.
Last month, he named Harper and five other American Indians to his transition team. Harper was an plaintiff's attorney on the Cobell vs. Kempthorne case. This was a massive class action case charging Interior and Dick Kempthorne, the agency's director since 2006, with massive mismanagement of assets they held on behalf of American Indians.
Harper is also on record taking on some tribes that have disenrolled members, said activist Cathy Corey. In one memorable exchange on the Indian-themed radio show, he said that tribes that kicked out members were "not acting like nations."
While Harper is likely to get an appointment at Interior of elsewhere, he is not among the names being floated as director of the department. The two names that come up most often in connection to that job are Rep. Mike Thompson, D-Napa, and Kevin Gover, director of the Smithsonian's National Museum of the American Indian. Thompson has long been considered friendly to tribal issues; he has already been endorsed for the job by one California tribe, the Karuk
Read MORE at the link above.
Related Stories:
Tribal Flush
All that Glitters
Without a Tribe
Sunday, December 7, 2008
Bob Foreman, Redding Rancheria's First Chairman, Laid to Rest.
Bob Foreman Sr., tribal leader and rights activist, laid to rest yesterday
Yesterday hundreds of people gathered in Cottonwood , California to remember and honor Edward Robert “Bob” Foreman, Sr. who passed away on November 19, 2008.
Family and friends, federal government officials, and scores of others remembered Bob Foreman and told stories of his kindness, integrity, unselfish nature, and the struggles he took on and overcame to better the life of others.
Bob Foreman was one of the founders of the California Rural Indian Health Board (CRIHB) which provides health care services to Indians throughout Northern California . Through his efforts, several Indian health clinics and facilities were opened to serve the Indian community.
Bob Foreman was also instrumental in the re-recognition and re-organization of his tribe, the Redding Rancheria and was elected its first Tribal Chairman. Bob faithfully served on the tribe’s governing council for 20 years, and he played a major role in opening the tribe’s Win River Casino.
In 2004, after decades of service to the Indian community and his tribe, Redding Rancheria tribal officials disenrolled Bob Foreman and his family. The disenrollment, which was carried out in violation of tribal and federal laws, spurred on Bob to “roll up his sleeves” once again and advocate for the rights of individual Indians.
Bob Foreman and his family organized several demonstrations around California to bring attention to the abuses of power and civil rights violations being committed by tribal officials. His efforts led him to help organize Indian people from California and throughout the United States to fight rights abuses. They eventually formed an organization known as the American Indian Rights and Resources Organization (“AIRRO”) with Bob as one of its original members and founders. Bob Foreman worked diligently to end the abuses and rights violations put upon Indian people until his passing.
As befitting a man who gave so much and gave so much of himself; a man who understood that being a true leader was not measured by how much money you had or how many possessions you accumulated but by what you gave back to your people and the community; and a man always willing to help others, Bob Foreman was given a hero’s send off.
An honor guard escorted Bob Foreman and those who came to celebrate his life the 15 plus miles from Cottonwood to the Veteran’s Cemetery in Igo. The procession drove through Anderson and the Redding Rancheria, Bob’s home, as local law enforcement closed off traffic. Bob Foreman was laid to rest with full military honors.
While Bob Foreman may no longer be with us, based on those who gathered to celebrate his life and the stories they shared, it is safe to say that his spirit and his legacy will live on.
It is up to those of US, who survive Bob, to follow his lead and example. Work hard to overcome the abuses of Indian people by corrupt tribal officials.
Yesterday hundreds of people gathered in Cottonwood , California to remember and honor Edward Robert “Bob” Foreman, Sr. who passed away on November 19, 2008.
Family and friends, federal government officials, and scores of others remembered Bob Foreman and told stories of his kindness, integrity, unselfish nature, and the struggles he took on and overcame to better the life of others.
Bob Foreman was one of the founders of the California Rural Indian Health Board (CRIHB) which provides health care services to Indians throughout Northern California . Through his efforts, several Indian health clinics and facilities were opened to serve the Indian community.
Bob Foreman was also instrumental in the re-recognition and re-organization of his tribe, the Redding Rancheria and was elected its first Tribal Chairman. Bob faithfully served on the tribe’s governing council for 20 years, and he played a major role in opening the tribe’s Win River Casino.
In 2004, after decades of service to the Indian community and his tribe, Redding Rancheria tribal officials disenrolled Bob Foreman and his family. The disenrollment, which was carried out in violation of tribal and federal laws, spurred on Bob to “roll up his sleeves” once again and advocate for the rights of individual Indians.
Bob Foreman and his family organized several demonstrations around California to bring attention to the abuses of power and civil rights violations being committed by tribal officials. His efforts led him to help organize Indian people from California and throughout the United States to fight rights abuses. They eventually formed an organization known as the American Indian Rights and Resources Organization (“AIRRO”) with Bob as one of its original members and founders. Bob Foreman worked diligently to end the abuses and rights violations put upon Indian people until his passing.
As befitting a man who gave so much and gave so much of himself; a man who understood that being a true leader was not measured by how much money you had or how many possessions you accumulated but by what you gave back to your people and the community; and a man always willing to help others, Bob Foreman was given a hero’s send off.
An honor guard escorted Bob Foreman and those who came to celebrate his life the 15 plus miles from Cottonwood to the Veteran’s Cemetery in Igo. The procession drove through Anderson and the Redding Rancheria, Bob’s home, as local law enforcement closed off traffic. Bob Foreman was laid to rest with full military honors.
While Bob Foreman may no longer be with us, based on those who gathered to celebrate his life and the stories they shared, it is safe to say that his spirit and his legacy will live on.
It is up to those of US, who survive Bob, to follow his lead and example. Work hard to overcome the abuses of Indian people by corrupt tribal officials.
Saturday, December 6, 2008
Robinson Rancheria to JOIN Pechanga, San Pascual, Picayune in Termination of Indians from Tribes.Will President Obama look into these outrages?
Rather than looking at the good a tribe can do for its people, the Robinson Rancheria is now looking at termination of over 20% of it's adult membership. Denying them the right to vote, homes, health care. And ALL during Native American Heritage Month
UPPER LAKE – The Robinson Rancheria Band of Pomos Citizens Business Council this week is holding hearings that could have serious implications for the future of dozens of people whose lives are shaped by their unique identity as native Pomo.
Of the tribe's 347 voting members, 60 have been notified that they are being considered for disenrollment, according to Tribal Chair Tracey Avilia.
Other sources within the tribe estimate the number of potential disenrollments to be as high as 74.
Whichever number is correct, both sides agree that this is the largest disenrollment action the tribe has ever attempted in its history.
The action's results could be devastating for those who find their names removed from the tribe's rolls.
Entire families face the loss of their homes, jobs, health care, education and a sense of their own identity. Homebound elders may no longer receive much-needed meals or monthly retirement checks. A daughter of the tribe's last chief also is reported to be up for dismissal.
Those up for disenrollment may have a slim hope of recourse, as the tribe's constitution contains an appeals process involving the Bureau of Indian Affairs which, in many tribal disenrollment cases, can't get involved, said Bureau of Indian Affairs Deputy Regional Director Dale Risling.
Potential disenrollees said the move is based on politics and greed, and that it's arisen out of a disputed June election that was decertified. They say they're being removed from the tribal rolls before a January election is planned so they can't vote to replace key council members trying to hold onto power.
John Gomez, president of the American Indian Rights and Resources Organization (AIRRO), agrees with those assessments of the Robinson Rancheria situation.
In California to date, an estimated 2,000 Indians have been disenrolled by 15 California tribes – not including those currently proposed at Robinson, said Gomez, noting that disenrollments often evolve around political issues and elections.
Avilia, the tribe's current chair, denies those allegations, saying that the disenrollments are a matter of tribal housekeeping, and merely an attempt to deal with longstanding questions about the validity of some members' claims.
The tribal members proposed for disenrollment received certified letters dated Nov. 20 – ironically, during the midst of Native American Heritage Month – notifying them that they were proposed for removal from the tribe's rolls, according to a copy of such a letter obtained by Lake County News.
Further, they were told they could request an appeal hearing with the Robinson Rancheria Citizens Business Council, during which they would have a half-hour to make their case for keeping their membership in the tribe. However, they had five business days to respond to the letter, and many tribal members live out of state.
Those appeal hearings began on Monday and have run throughout the week, according to tribal members.
UPPER LAKE – The Robinson Rancheria Band of Pomos Citizens Business Council this week is holding hearings that could have serious implications for the future of dozens of people whose lives are shaped by their unique identity as native Pomo.
Of the tribe's 347 voting members, 60 have been notified that they are being considered for disenrollment, according to Tribal Chair Tracey Avilia.
Other sources within the tribe estimate the number of potential disenrollments to be as high as 74.
Whichever number is correct, both sides agree that this is the largest disenrollment action the tribe has ever attempted in its history.
The action's results could be devastating for those who find their names removed from the tribe's rolls.
Entire families face the loss of their homes, jobs, health care, education and a sense of their own identity. Homebound elders may no longer receive much-needed meals or monthly retirement checks. A daughter of the tribe's last chief also is reported to be up for dismissal.
Those up for disenrollment may have a slim hope of recourse, as the tribe's constitution contains an appeals process involving the Bureau of Indian Affairs which, in many tribal disenrollment cases, can't get involved, said Bureau of Indian Affairs Deputy Regional Director Dale Risling.
Potential disenrollees said the move is based on politics and greed, and that it's arisen out of a disputed June election that was decertified. They say they're being removed from the tribal rolls before a January election is planned so they can't vote to replace key council members trying to hold onto power.
John Gomez, president of the American Indian Rights and Resources Organization (AIRRO), agrees with those assessments of the Robinson Rancheria situation.
In California to date, an estimated 2,000 Indians have been disenrolled by 15 California tribes – not including those currently proposed at Robinson, said Gomez, noting that disenrollments often evolve around political issues and elections.
Avilia, the tribe's current chair, denies those allegations, saying that the disenrollments are a matter of tribal housekeeping, and merely an attempt to deal with longstanding questions about the validity of some members' claims.
The tribal members proposed for disenrollment received certified letters dated Nov. 20 – ironically, during the midst of Native American Heritage Month – notifying them that they were proposed for removal from the tribe's rolls, according to a copy of such a letter obtained by Lake County News.
Further, they were told they could request an appeal hearing with the Robinson Rancheria Citizens Business Council, during which they would have a half-hour to make their case for keeping their membership in the tribe. However, they had five business days to respond to the letter, and many tribal members live out of state.
Those appeal hearings began on Monday and have run throughout the week, according to tribal members.
Friday, December 5, 2008
SYCUAN Bails on Gambling Compact; California will SUFFER after promises of Wealth for Slots
Simply put, tribes like Sycuan and Pechanga LIED to California voters when they implied that expanded gaming for them, would benefit California. Well, WE TOLD YOU SO, many times. Now, Sycuan will NOT expand their gaming, (remember, they had NOT ratified their compact in the tribe, so it was a bogus proposition any
Sycuan walks away from gambling compact
By James P. Sweeney
SACRAMENTO – Blaming a punishing economy, the Sycuan band of El Cajon on Thursday walked away from a multibillion-dollar gambling agreement that it had pursued for years and spent $6 million to defend.
The deal authorized an expansion from 2,000 slots the tribe now operates to as many as 5,000 machines plus an option for a second, off-reservation casino on newly acquired lands that include the former Singing Hills Country Club.
The agreement, or compact, was signed more than two years ago by Gov. Arnold Schwarzenegger and Sycuan Chairman Daniel Tucker. But it was never ratified by the tribe's 78 adult members, as required by a little-noticed clause.
The decision ultimately could cost both the tribe and the state billions of dollars.
“It is with sincere regret that Sycuan is unable to take advantage of the August, 2006 amended compact between our tribe and the state,” Tucker said in a letter delivered Thursday morning to the governor.
The current economic climate makes “proceeding under the amended compact financially imprudent at this time and for the forseeable future,” Tucker wrote.
“We are doing everything we can to avoid having to lay off our valued employees and are continuing to restructure operations to mitigate the impacts of an extremely challenging economic environment,” he added. “In these circumstances, even a modest expansion would be impossible.”
In February, voters approved Sycuan's compact and three others that had been challenged with statewide ballot measures. The four tribes, which included Pechanga of Temecula, spent more than $100 million on the campaign. Sycuan contributed $6 million to the effort.
A few months later, Schwarzenegger's administration surprised lawmakers when it disclosed that the state would not be receiving $30 million anticipated from Sycuan because the tribe had not ratified its compact. WE TOLD YOU SO!
A deadline to execute the deal had passed, but Schwarzenegger agreed to give the tribe an extension that was set to run out on Jan. 1.
“We're disappointed but understand the tribe's situation,” said Camille Anderson, a spokeswoman for the governor.
Sycuan had agreed to pay much more on its existing slots, roughly 10 percent of net winnings or $20 million a year. It also agreed to pay up to 15 percent on the additional 3,000 slots.
Over the life of the deal, which would have run through 2030, the state would collect an estimated $1.6 billion, Schwarzenegger's administration said. The tribe would have received at least several times that. NOPE..... we TOLD you so.
In addition, the compact authorized an off-reservation casino on some 1,600 acres Sycuan has acquired in recent years, lands that adjoin its reservation and include the former Singing Hills resort and golf course. Buh-BYE
Off-reservation gaming proposals have become increasingly controversial and the Department of Interior declared three years ago that it would no longer even consider compacts that authorized gaming on “lands that are not now, and may never be Indian lands.”
George Skibine, acting assistant secretary for Indian Affairs, had warned the provision permitting an off-reservation casino could pose a problem for Sycuan's compact when it reached the Interior Department.
But the agreement was submitted with three other compacts from California, all of which reportedly got lost at Interior and were not rediscovered until after a 45-day review period had lapsed. That left federal officials no alternative but to “deem” them approved, as required by federal law.
Opponents of Sycuan's compact notified Interior Secretary Dirk Kempthorne in July that his agency had granted final approval to a gaming agreement that had not yet been ratified by the tribe.
The Bureau of Indian Affairs referred the matter to its attorneys but to date has taken no action. A spokeswoman for that office declined to return repeated telephone calls Thursday. TYPICAL INACTIONS by the BIA.
READ THE REST OF THE STORY HERE
Sycuan walks away from gambling compact
By James P. Sweeney
SACRAMENTO – Blaming a punishing economy, the Sycuan band of El Cajon on Thursday walked away from a multibillion-dollar gambling agreement that it had pursued for years and spent $6 million to defend.
The deal authorized an expansion from 2,000 slots the tribe now operates to as many as 5,000 machines plus an option for a second, off-reservation casino on newly acquired lands that include the former Singing Hills Country Club.
The agreement, or compact, was signed more than two years ago by Gov. Arnold Schwarzenegger and Sycuan Chairman Daniel Tucker. But it was never ratified by the tribe's 78 adult members, as required by a little-noticed clause.
The decision ultimately could cost both the tribe and the state billions of dollars.
“It is with sincere regret that Sycuan is unable to take advantage of the August, 2006 amended compact between our tribe and the state,” Tucker said in a letter delivered Thursday morning to the governor.
The current economic climate makes “proceeding under the amended compact financially imprudent at this time and for the forseeable future,” Tucker wrote.
“We are doing everything we can to avoid having to lay off our valued employees and are continuing to restructure operations to mitigate the impacts of an extremely challenging economic environment,” he added. “In these circumstances, even a modest expansion would be impossible.”
In February, voters approved Sycuan's compact and three others that had been challenged with statewide ballot measures. The four tribes, which included Pechanga of Temecula, spent more than $100 million on the campaign. Sycuan contributed $6 million to the effort.
A few months later, Schwarzenegger's administration surprised lawmakers when it disclosed that the state would not be receiving $30 million anticipated from Sycuan because the tribe had not ratified its compact. WE TOLD YOU SO!
A deadline to execute the deal had passed, but Schwarzenegger agreed to give the tribe an extension that was set to run out on Jan. 1.
“We're disappointed but understand the tribe's situation,” said Camille Anderson, a spokeswoman for the governor.
Sycuan had agreed to pay much more on its existing slots, roughly 10 percent of net winnings or $20 million a year. It also agreed to pay up to 15 percent on the additional 3,000 slots.
Over the life of the deal, which would have run through 2030, the state would collect an estimated $1.6 billion, Schwarzenegger's administration said. The tribe would have received at least several times that. NOPE..... we TOLD you so.
In addition, the compact authorized an off-reservation casino on some 1,600 acres Sycuan has acquired in recent years, lands that adjoin its reservation and include the former Singing Hills resort and golf course. Buh-BYE
Off-reservation gaming proposals have become increasingly controversial and the Department of Interior declared three years ago that it would no longer even consider compacts that authorized gaming on “lands that are not now, and may never be Indian lands.”
George Skibine, acting assistant secretary for Indian Affairs, had warned the provision permitting an off-reservation casino could pose a problem for Sycuan's compact when it reached the Interior Department.
But the agreement was submitted with three other compacts from California, all of which reportedly got lost at Interior and were not rediscovered until after a 45-day review period had lapsed. That left federal officials no alternative but to “deem” them approved, as required by federal law.
Opponents of Sycuan's compact notified Interior Secretary Dirk Kempthorne in July that his agency had granted final approval to a gaming agreement that had not yet been ratified by the tribe.
The Bureau of Indian Affairs referred the matter to its attorneys but to date has taken no action. A spokeswoman for that office declined to return repeated telephone calls Thursday. TYPICAL INACTIONS by the BIA.
READ THE REST OF THE STORY HERE
Thursday, December 4, 2008
Letter to Secretary of Interior Candidate Thompson
Here's a letter for the other candidate for Secretary of the Interior:
CongressmanThompsonletter12.3.08
CongressmanThompsonletter12.3.08
Letter to Secretary of the Interior Candidate Grijalva
Feel free to use this letter to write to Candidate Grijalva to find out where he stands on tribal disputes such as disenrollment and the rights of individual Indians:
CongressmanGrijalvaletter12.3.08
Wednesday, December 3, 2008
Pechanga, Picayune Rancheria, Redding Rancheria: Tribal Disputes an Issue For Obama Nominees
It looks like the new Obama administration may be willing to step into "tribal disputes", which hopefully means they won't support tribes like PECHANGA, that act against their own constitution and bylaws, with land into trust or federal financial support.
Internal tribal disputes an issue for Obama nomineesTuesday, December 2, 2008Filed Under: Politics Nominees to the Interior Department should be asked about tribal membership and leadership disputes, the Government Accountability Office said in a recent report.
According to the GAO, internal tribal disputes "seem to be occurring more and more frequently." The report recommends nominees be asked about their ability to resolve these controversial matters.
"What experience do you have in working with tribal leadership and trying to resolve these types of disputes or in trying to prevent them?" the report states. The GAO hasn't released any investigations into internal tribal disputes. But the inclusion of the question -- one of three directly related to Indian affairs -- indicates it's on the radar of key members of Congress who will consider president-elect Barack Obama's executive branch nominees.
OP: HALLELUJAH! Finally, someone is hearing what the problems THOUSANDS of Native Americans are encountering. Apparently an UNconstituional act by tribes such as Pechanga, is only a "dispute".
"This letter provides you with a series of questions that Senate committees of jurisdiction could use to help determine the management experience and capabilities of upcoming nominees," the GAO told Sen. George Voinovich, a senior Republican on the Homeland Security and Governmental Affairs Committee.
The other two questions cover topics that have been the subject of recent GAO reports. They include the land-into-trust process and the backlog of maintenance at Indian schools and at reservation irrigation projects.
OP: Land into trust issues/process should include some consequences when a tribal chair promises before congress that they want the land for it's historic value to the tribe... and then put a GOLF COURSE on it.
Additionally, the GAO included tribes in questions about the Clean Air Act and the sharing of information to prevent terrorist attacks.
But the closest the GAO has come to tribal membership and leadership disputes was in a report that examined the federal recognition process. In some cases, disputes can delay consideration of a petition or lead to confusion in the process.
Still, Congress has been reluctant to step into such disputes out of respect for tribal sovereignty. Tribes retain the right to determine their membership and to determine their leaders.
OP: The respect for tribal sovereignty should go both ways. If tribes wield sovereignty like a CLUB, then Congress should NOT support a nation with new land for trust, or, in the case of the Cherokee Nation of Oklahoma, federal funds. Pechanga has acted unconstitutionally, that's not about sovereignty as it should be.
A controversial incident involving the Cherokee Nation of Oklahoma shifted the landscape after the tribe voted in 2007 to exclude the descendants of the Freedmen, or former slaves. Some members of Congress sought to cut off federal funds to the tribe unless the Freedmen were restored to citizenship.
Other high-profile disputes -- especially those involving gaming -- have caught the eye of Congress as well. The Senate Indian Affairs Committee in 2002 held an unusual hearing into a small California tribe whose leaders were fighting over a proposed casino.
A slew of disenrollment disputes among wealthy California tribes have generated significant media coverage but so far members of Congress have not been willing to get involved.
OP: DIANE WATSON, are you reading this? California is YOUR state! GET INVOLVED
Officials at Interior have shied away too, with the exception of the San Pasqual Band of Mission Indians, whose constitution gives the Bureau of Indian Affairs authority over membership matters.
According to Indian activists, California tribes have removed at least 1,500 people from their rolls in recent years. One of them was Bob Foreman, who served as the first chairman of the Redding Rancheria before he was disenrolled in 2004. Foreman died on November 19 without seeing a resolution to his struggle.
Obama has yet to announce his pick for Secretary of the Department of the Interior, although at least two members of Congress who have experience in Indian issues have been the subject of speculation. Obama also gets to name a new assistant secretary for Indian affairs.
Read more HERE
Internal tribal disputes an issue for Obama nomineesTuesday, December 2, 2008Filed Under: Politics Nominees to the Interior Department should be asked about tribal membership and leadership disputes, the Government Accountability Office said in a recent report.
According to the GAO, internal tribal disputes "seem to be occurring more and more frequently." The report recommends nominees be asked about their ability to resolve these controversial matters.
"What experience do you have in working with tribal leadership and trying to resolve these types of disputes or in trying to prevent them?" the report states. The GAO hasn't released any investigations into internal tribal disputes. But the inclusion of the question -- one of three directly related to Indian affairs -- indicates it's on the radar of key members of Congress who will consider president-elect Barack Obama's executive branch nominees.
OP: HALLELUJAH! Finally, someone is hearing what the problems THOUSANDS of Native Americans are encountering. Apparently an UNconstituional act by tribes such as Pechanga, is only a "dispute".
"This letter provides you with a series of questions that Senate committees of jurisdiction could use to help determine the management experience and capabilities of upcoming nominees," the GAO told Sen. George Voinovich, a senior Republican on the Homeland Security and Governmental Affairs Committee.
The other two questions cover topics that have been the subject of recent GAO reports. They include the land-into-trust process and the backlog of maintenance at Indian schools and at reservation irrigation projects.
OP: Land into trust issues/process should include some consequences when a tribal chair promises before congress that they want the land for it's historic value to the tribe... and then put a GOLF COURSE on it.
Additionally, the GAO included tribes in questions about the Clean Air Act and the sharing of information to prevent terrorist attacks.
But the closest the GAO has come to tribal membership and leadership disputes was in a report that examined the federal recognition process. In some cases, disputes can delay consideration of a petition or lead to confusion in the process.
Still, Congress has been reluctant to step into such disputes out of respect for tribal sovereignty. Tribes retain the right to determine their membership and to determine their leaders.
OP: The respect for tribal sovereignty should go both ways. If tribes wield sovereignty like a CLUB, then Congress should NOT support a nation with new land for trust, or, in the case of the Cherokee Nation of Oklahoma, federal funds. Pechanga has acted unconstitutionally, that's not about sovereignty as it should be.
A controversial incident involving the Cherokee Nation of Oklahoma shifted the landscape after the tribe voted in 2007 to exclude the descendants of the Freedmen, or former slaves. Some members of Congress sought to cut off federal funds to the tribe unless the Freedmen were restored to citizenship.
Other high-profile disputes -- especially those involving gaming -- have caught the eye of Congress as well. The Senate Indian Affairs Committee in 2002 held an unusual hearing into a small California tribe whose leaders were fighting over a proposed casino.
A slew of disenrollment disputes among wealthy California tribes have generated significant media coverage but so far members of Congress have not been willing to get involved.
OP: DIANE WATSON, are you reading this? California is YOUR state! GET INVOLVED
Officials at Interior have shied away too, with the exception of the San Pasqual Band of Mission Indians, whose constitution gives the Bureau of Indian Affairs authority over membership matters.
According to Indian activists, California tribes have removed at least 1,500 people from their rolls in recent years. One of them was Bob Foreman, who served as the first chairman of the Redding Rancheria before he was disenrolled in 2004. Foreman died on November 19 without seeing a resolution to his struggle.
Obama has yet to announce his pick for Secretary of the Department of the Interior, although at least two members of Congress who have experience in Indian issues have been the subject of speculation. Obama also gets to name a new assistant secretary for Indian affairs.
Read more HERE
Tuesday, December 2, 2008
Bureau of Indian Affairs DENIES San Paqcual's bid to EJECT Members!
The Bureau of Indian Affairs has denied the San Pasqual Indian band's bid to eject about 60 members, but said the tribe can appeal the decision about the disputed members' ancestry.
Many tribes determine membership issues on their own, but San Pasqual's constitution gives the BIA that responsibility.
It's unclear what the decision means to an ongoing tribal leadership split that is threatening the tribe's government and its ability to operate the Valley View Casino.
“I haven't talked to the tribe yet,” James Fletcher, Southern California superintendent (and Pechanga Tribal Member, which ejected 250 of their own members) for the BIA, said Monday. “My position is going to be the same.”
In June, the tribe told the members whose ancestry is questioned that they would not receive casino profit-sharing payments.
In August, Fletcher said the tribal government had collapsed.
Fletcher has told tribal members that without a government, they can't run tribal operations or operate businesses, including the casino. SHUT IT DOWN!!
He has tried to bring sparring sides together through mediation and negotiation, but a solution is not at hand, he said.
Tribal Chairman Allen Lawson declined to talk Monday about the BIA's latest decision or the leadership dispute.
But one of the tribal members whose ancestry is questioned, Angela Martinez McNeal, said in an e-mail that she was vindicated. However, she said Lawson would not reinstate the ousted members. Tribal leaders have told her that she can't remain as tribal secretary-treasurer because of the dispute.
At issue is whether a tribal member, the late Marcus Alto Sr., was adopted and was not really Indian.
Some tribal leaders challenged his 1991 enrollment in the tribe, plus those of his descendants.
The head of the BIA ruled in 1995 that Alto was Indian and properly enrolled in the tribe.
Last week, Dale Morris, the agency's Sacramento-based regional director, said new evidence presented by the tribe's enrollment committee failed to prove that decision was wrong, and as a result, his descendants are properly enrolled. AMAZINGLY, the BIA wouldn't lift a FINGER for those Pechanga people that were unconstitutionally disenrolled (against the Pechanga Constitution) and allowed a shadow government to take over the Snoqualmie Tribe of Washington.
“It is inappropriate for the Committee to continue to raise this issue of the validity of the inclusion of Mr. Alto and his descendants on the Band's membership roll or to attempt to disenroll his descendants and to continue to seek remedy from the BIA,” he wrote in a letter to Lawson.
Morris said the tribe may appeal his decision to the head of the BIA. And, if the tribe wants to get the BIA out of its membership decisions, it can change its constitution.
But for now, the biggest issue is who the BIA recognizes as the true leadership of the tribe.
The five-member executive committee elected in 2007 split up over the membership issue and Fletcher said he won't recognize any decisions made by anyone else.
“It's going to take me a couple of days to get something together on how we're going to approach this thing,” he said.
Fletcher said he advised the National Indian Gaming Commission of the problem.
A commission spokesman said he was looking into the matter, but couldn't comment until he had more information.
Many tribes determine membership issues on their own, but San Pasqual's constitution gives the BIA that responsibility.
It's unclear what the decision means to an ongoing tribal leadership split that is threatening the tribe's government and its ability to operate the Valley View Casino.
“I haven't talked to the tribe yet,” James Fletcher, Southern California superintendent (and Pechanga Tribal Member, which ejected 250 of their own members) for the BIA, said Monday. “My position is going to be the same.”
In June, the tribe told the members whose ancestry is questioned that they would not receive casino profit-sharing payments.
In August, Fletcher said the tribal government had collapsed.
Fletcher has told tribal members that without a government, they can't run tribal operations or operate businesses, including the casino. SHUT IT DOWN!!
He has tried to bring sparring sides together through mediation and negotiation, but a solution is not at hand, he said.
Tribal Chairman Allen Lawson declined to talk Monday about the BIA's latest decision or the leadership dispute.
But one of the tribal members whose ancestry is questioned, Angela Martinez McNeal, said in an e-mail that she was vindicated. However, she said Lawson would not reinstate the ousted members. Tribal leaders have told her that she can't remain as tribal secretary-treasurer because of the dispute.
At issue is whether a tribal member, the late Marcus Alto Sr., was adopted and was not really Indian.
Some tribal leaders challenged his 1991 enrollment in the tribe, plus those of his descendants.
The head of the BIA ruled in 1995 that Alto was Indian and properly enrolled in the tribe.
Last week, Dale Morris, the agency's Sacramento-based regional director, said new evidence presented by the tribe's enrollment committee failed to prove that decision was wrong, and as a result, his descendants are properly enrolled. AMAZINGLY, the BIA wouldn't lift a FINGER for those Pechanga people that were unconstitutionally disenrolled (against the Pechanga Constitution) and allowed a shadow government to take over the Snoqualmie Tribe of Washington.
“It is inappropriate for the Committee to continue to raise this issue of the validity of the inclusion of Mr. Alto and his descendants on the Band's membership roll or to attempt to disenroll his descendants and to continue to seek remedy from the BIA,” he wrote in a letter to Lawson.
Morris said the tribe may appeal his decision to the head of the BIA. And, if the tribe wants to get the BIA out of its membership decisions, it can change its constitution.
But for now, the biggest issue is who the BIA recognizes as the true leadership of the tribe.
The five-member executive committee elected in 2007 split up over the membership issue and Fletcher said he won't recognize any decisions made by anyone else.
“It's going to take me a couple of days to get something together on how we're going to approach this thing,” he said.
Fletcher said he advised the National Indian Gaming Commission of the problem.
A commission spokesman said he was looking into the matter, but couldn't comment until he had more information.
San Manuel Continues to Support Other Native American's while Tribes Like Pechanga Hurt their OWN
After giving $1 million to the Havasupai people, the San Manuel tribe in California has given $100,000 to help West River area reservation areas recovering from the early November blizzard.
Officials at the Black Hills Area Chapter of the American Red Cross said the funds will help provide immediate assistance and assist with future emergency services on the reservations.
"When the tribe was made aware of the situation at Pine Ridge and at Rosebud, we knew we had to assist our brother and sister tribes," said Chairman James Ramos of the San Manuel Band of Serrano Mission Indians of San Bernardino. Wildfires in California galvanized desire among his tribe's members to help the Lakota, he said.
Officials at the Black Hills Area Chapter of the American Red Cross said the funds will help provide immediate assistance and assist with future emergency services on the reservations.
"When the tribe was made aware of the situation at Pine Ridge and at Rosebud, we knew we had to assist our brother and sister tribes," said Chairman James Ramos of the San Manuel Band of Serrano Mission Indians of San Bernardino. Wildfires in California galvanized desire among his tribe's members to help the Lakota, he said.
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