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DOCUMENTS OF INTEREST
Index of Important Documents Related to the Proposed Casino in Plymouth
1) NCIP's Informational Forum for Plymouth Residents 2) Response to the Miwok project Overview 3) Notice of Intent to circulate Recall Petition
4) Results of Plymouth Recall Election
5) The Little City and the Big Casino 6) Tribal Fair Share Act of 2004 7) NPC Press Conference Speech - "Indians & Patriots" 8) Citizens Groups call for Moratorium on Off-Reservation Casinos 9) No Casino Citizens Group's Opposition Letter to Governor's Secretary of Legal Affairs 10) Line Item Analysis of MSA 11) State Board of health's Criticism of Plymouth MSA 12) Opposition Lawyer's Analysis 13) Unsolicitated Analysis of Plymouth MSA by Brad White 14) November Plymouth City Council Election results Status of Investigation of Sacramento regional Office of the BIA
1) Original AP Story 2) Congressman Wolf’s Letter 3) AP Story on Wolf’s Letter 4) AP reports BIA probe Begun 5) Tribal faction claims BIA used unlawful Influence 6) Franklin faction denies allogations
Important Documents Related to the Proposed Casino in Plymouth
The NCIP Informational Forum held at the Plymouth City Hall at the end of March was an overwhelming success below is the official press release describing the event. STATUS UPDATE FORUM ANSWERS KEY QUESTIONS Answers provided by local representatives clears the air over controversial questions about the proposed tribal casino in Plymouth, CA. On March 31st NCIP hosted a forum at Plymouth City Hall for the purpose of informing the public on the current status of the casino proposed by the Ione Band of Miwok Indian (Franklin faction). Pastor Chip Worthington of Stop The Casino 101 encouraged the crowd to continue to educate themselves about the realities of casinos and not give up their opposition. Amador County Supervisor Richard Forster then discussed the County’s lawsuit in response to the Department of Interiors granting of restored status to the tribe. That suit seeks injunctive relief to halt the Tribe’s fee-to-trust application based on information the County had submitted to the Department opposing the restored status; information that was ignored. Supervisor Forster made it clear that the County does not want a casino no matter where it is sited, in the City of Plymouth or on County land. Gary Goelitz of the Matrix Consulting Group reviewed their analysis of the proposed casino’s impact on public service costs; water, sewer, fire protection and police protection. Using data provided by the Tribe, the dollar amounts in the MSA where found to be grossly inadequate and would place the City of Plymouth at serious financial risk. Peter Tateishi, Intergovernmental Affairs Director for Congressman Dan Lungren stated the Congressman’s position that he does not support or oppose the project but, feels that the decision granting restored status and failing to recognize local concerns did not follow the intent of Congress. Because of this, Congressman Lungren has introduced bill H. R. 1654 that would require the Secretary of Interior to consider whether a casino is beneficial to the tribe and not detrimental to the local community. Mr. Tateishi then informed the public that the BIA Regional Director Clay Gregory has stated that it would be difficult for the Ione Band to receive approval for a casino without a Municipal Services Agreement. The State of California did not send a representative but informed NCIP via memo that their position has been made clear in the documents provided by the Governor’s office. “It is the State’s position that the subject land does not constitute the Tribe’s restored lands under IGRA and is therefore subject to the general prohibition of gaming on newly acquired lands. Therefore the State believed that the Secretary may not acquire the land into trust for gaming purposes without a two-part determination by the Secretary with concurrence by the Governor.” California Communities are in Crisis, The Indian Gaming Regulatory Act is not being followed and nobody at the Bureau of Indian Affairs or Department of Interior cares! No Casino In Plymouth, a grassroots nonprofit organization, was established in 2003 to oppose this casino proposal and serve as an educational resource on casino matters for the residents of Plymouth, the greater Plymouth community, and Amador County, California. Return toINDEX
Last Thursday, 14 August, Governor Gray Davis signed a compact with the Torres Martinez Band of Cahuilla Indians. This is significant because for the first time it now requires the Tribe to reach a deal with local governments on how to handle the impacts created by casino development. While the exact details of the compact are not yet available, it does mean that Plymouth is under no pressure to sign a memorandum of understanding in haste. In fact, you as a registered voter can vote no and not jeopardize the City’s negotiating position later. If you don’t want a casino in Plymouth, we strongly urge you to vote no on the Plymouth Survey. The citizens opposed to the casino in Plymouth have carefully read the casino project overview prepared by a group claiming to be the Ione Band of Miwoks . This proposal is to put it honestly, grossly misleading if not outright deceptive in parts. When you read their brochure, note the declarative nature of the statements which present generalities as fact and opinions as forgone conclusions. We offer this alternative interpretation presented in the same format for you to consider. We think the contrast between fact and project fiction is startling. Introduction The Indian Gaming Regulatory Act (IGRA) prohibits Indian gaming on off-reservation lands acquired in trust after 17 Oct 1988 unless certain conditions are met. Gaming is permitted on such lands only if the U.S. Secretary of the Interior determines that (1) a gaming establishment would be in the best interests of the Indian tribe and its members; and (2) such gaming would not be detrimental to the surrounding communities. There is no doubt that this casino is in the best interests of the tribe. While the profitability of Indian casinos is a closely guarded secret, the amount of funds paid into the California Gambling Control Commission by casinos currently operating in California allows for reverse mathematical modeling to achieve a best estimate. Based on a casino with 2000 slot machines, this number works out to be approximately $185 million per year for the proposed Plymouth casino. If this proposed gaming project were not extremely harmful to the local community, then why all the discussion of mitigating impacts? The very fact that the Tribe has issued a project overview that attempts to gloss over the down side is strong evidence of the damaging nature of this proposal. 1. Ione Band of Miwok Indians This segment of the Ione Band of Miwok Indians claims to be a restored landless Tribe. However, the process for an Indian Tribe to gain Federal recognition without an act of Congress requires the Tribal application be associated with an historic land base. The 1972 letter to the Ione Band from the Commissioner for Indian Affairs offered them not only federal recognition but specifically linked that recognition to it’s ancient tribal land base. The real Ione Band has forty acres of land near Ione which is designated as Indian Country. However, the letter of March 22, 1994 which reaffirmed that Federal recognition was addressed to Nicholas Villa, Chief of the Ione Band of Miwoks not Matthew Franklin, Chairman. This is a critical distinction for two reasons. First because Mr. Villa’s Ione band of Miwoks claims that the Franklin Band of Miwoks are impostors who under questionable means infiltrated and illegally gained control of the tribal government. This internal Indian dispute will have to be sorted out by the Bureau of Indian Affairs, but it does cast doubt on the veracity of the statement regarding no challenges to the tribal government’s legitimacy. Secondly, it also makes the claim of being landless patently false. There is land associated with the Ione Band of Miwoks and it is the forty acres near Ione. Once again the claim that they are entitled to have land put into trust expressly for Indian gaming purposes is a blatant misrepresentation of the truth. The process under IGRA as previously noted is less than automatic. There is considerable space given in the project overview to the disputed Ione Band's Tribal history and origin. The Tribal language of the real Ione Band of Miwoks is derived from the Penutian Language family not the Hokan family which is associated with great plains tribes. The unratified treaties of 1851 and 1852 are meaningless because the United States did not ratify the Treaty of Guadulupe Hildago until 1855 and therefor had no sovereign powers over the California territory until then. Mr. Villa’s real Ione Band of Miwoks know these facts. Why doesn’t the Franklin Band? Are they making it up as they go along? 2. Proposed Project Description & Facility Location
A. The Tribal government states that it has no sustained revenue stream. They also claim that the Federal Government and the State have cut back program funding. Which of these two mutually exclusive statements is true? The California Gambling Control Commission is required by law to make a regular quarterly distribution from the Indian Gaming Revenue Sharing Trust Fund (IGRSTF) to each eligible non-compact Tribe. The IGRSTF serves as the depository of funds paid to the State by Tribes that have acquired and maintain gaming devices. The sum of quarterly payments to the Ione band of Miwoks totals over $256,000.00 so far this year alone. It has been reported that the Total payments to the Ione Band of Miwoks by IGRSTF exceed $1 Million dollars. These payments are a matter of public record. Yet the Tribe’s professes economic disadvantage, and that their "victim status" entitles them to destroy our community for their self-enrichment? The Tribe’s desire to acquire traditional homeland for a reservation is understandable, but IGRA requires that in most cases the additional land should be adjacent to their existing land base which in this case would be the forty acres near Ione. Experts on Indian history will tell you that a large part of the State of California could be considered "traditional homeland." However, the Archeological study conducted for the property of the Pioneer Project near Plymouth which covers the proposed casino site found nothing relating to Indians or Indian sites. Certainly Miwok Indians passed through the Plymouth area in the past, but no record of a permanent settlement at or adjacent to the proposed site has been found to suggest a traditional aboriginal homeland. In fact, few of this disputed Ione Band of Miwok Indians actually live in the Plymouth community or Amador County. The fact of the matter is that the Plymouth site was chosen during a process of "reservation shopping." A location was selected based on a lucrative casino market potential rather than on any historical basis. B. The site overview talks about proximity to population, highway access, and competition as factors considered during site selection. If those were actually considerations the site would be located closer to the population density of Sacramento and not in a small rural community within 15 miles of two other Indian casinos (one existing and being expanded, the other approved but not built). To anyone who has studied the potential traffic impacts of casinos (see nocasinoinplymouth.com), the reference to minimal traffic impact is simply not supported by the facts. C. The location map included describes the project boundaries as the reservation of the disputed Ione band of Miwok Indians as if it already exists and they are merely trying to develop their own property. This is less than honest as they know full well that IGRA expressly prohibits off-reservation land acquisition for gaming purposes. It was also noted that the parcel listed as 008-110-022 (7.86 acres) was shown on the map given to the City Planner but is not depicted on the map made available to the public. The maps on pages18, 19, and 20 of the City Planner’s copy were also omitted from the public copy for reasons we do not understand. D. The project description contains numerous promises about the Tribes willingness to adopt and comply with standards "no less stringent than" the regulated standards for food, water, OSHA, etc. that any normal business would have to comply with. The important difference is that any other business is required to comply by law. Adoption of a standard means nothing if there are no methods for inspection, means of identifying noncompliance, or ability to enforce corrections. The reason such a mechanism is not mentioned is because it runs afoul of Tribal Sovergnity. You could just as easily paraphrase this whole section to read, "We have good intentions but reserve for ourselves the right to decide whether or not our actions live up to the standards promised." Several specifics are worth considering here: 1. There is no mention of the Tribe’s willingness to pay into the State’s Workman’s Compensation Program. Lack of support for this expensive state obligation shifts the cost to others and because of the costs involved render local businesses who must pay workman’s comp noncompetitive. 2.The proposed wastewater treatment facility is stated to be similar to the one approved for the Thunder Valley Casino. With no facts provided one can only wonder how similar they will be. 3. The parcel planned for use as the location is "believed to be adequate." The wastewater handling site is a critical component of the proposed development. What happens if it is not adequate? No problem, with Tribal Sovereignty to stand on, they can do it anyway regardless of promises and Title 22 standards. E. The land east of the proposed site is described as grazing land. It actually contains 70 homes that will be negatively impacted by the project. Although these residents consider Plymouth their home and spend their money supporting the local business community, their location outside the city limits makes them invisible to the Tribe whose empty proposal provides nothing for the surrounding communities. The intent of this misleading document is to entice the voters on the Plymouth survey. 3. Gaming Facility The section on the gaming facility lacks any significant detail beyond a general description of a facility that is fun for the entire family. The facility concept sketch certainly bears no resemblance to what they earlier in the document described as "consistent and complimentary with the area surroundings and design." Be assured however, that the Tribe is absolutely serious in reserving for themselves the "final determination of the ultimate project design." There goes that pesky concept of Tribal sovereignty again. 4 Environmental Impacts and Mitigation
A. What they are also failing to mention is that the NEPA process is controlled entirely by the Tribe. The standards of what should be covered in a NEPA environmental impact study is not even required by the BIA to be followed. Additionally, the commercial firm hired to conduct the study is selected by the Tribe. As the purchaser of the service the Tribe controls the content of the final draft. The report is then submitted to the Bureau of Indian Affairs for approval. The State, County, City of Plymouth and surrounding communities can object to any inadequacies or deficiencies they believe the report to contain. There is no requirement for the BIA to respond to those complaints. Once the BIA makes the final decision, it is not subject to any further public comment or legal review. Of course it would be premature for the Tribe to identify significant impacts and the applicable mitigation measures. Why tell the community how bad this will be until after you have their support and a compact with the governor signed. Doing so would only reveal the truth on how detrimental this project will really be for the Plymouth area. Afterwards the impacts will be whatever the Tribe says they are, and they will control the level of mitigation if any at all. Again tribal sovereignty applies. There was considerable assessment of environmental impacts being proposed, but notice that there was no promise of 100% mitigation. Nor was there a willingness to waive Tribal sovereignty for judicial enforcement which would be required under CEQA guidelines. The sad fact of the matter is that there isn’t a single casino in California that provides 100% mitigation. Don’t expect it here. Perhaps the most offensive section of the entire document concerns the offer of a (non-enforceable) Municipal Services Agreement. If agreed to before hand it is "expected that" (no guarantee) the provisions will be incorporated into the project. This means that the potential mitigation measures might only be "considered" (no guarantee) later. The Tribe declines to identify any impacts in this document and then offers instead a objectionable comment that seems to imply that the city better come-around or its concerns about these undefined impacts may be ignored. Would it not be premature and foolish for the City to enter into an agreement regarding impacts before those impacts are specifically identified? Reading this section provides unimpeachable evidence of the Tribe’s real attitude towards the residents of Plymouth and our community. Their intent to use our rural community for their own monetary gain. B. The section on estimated annual payments actual contains nothing of real substance since all the figures are subject to change at any time. The disputed Ione band of Miwok Indians is proposing to irrevocably alter the character of Plymouth and destroy the rural lifestyle of this community for the paltry sum of 2 million dollars annually. Note that footnote number 1, page 29 of their document describes the amount as an "estimate" only. Actual payments are to be based on impact findings and mitigation cost estimates as determined by the study controlled entirely by the Tribe. Remember that these funds are being offered to a financially strapped city as financial incentives to go along. There are no funds being offered to cover costs that may be incurred if the financial impacts turn out to be greater than that estimated by the Tribal study. Nearly every other casino in California has caused financial impacts greater than the financial mitigation’s offered. You need look no father than the Jackson Rancheria to see how the process works. The Rancheria met with Amador County to discuss revising the mitigation payments, but in the end the Rancheria determined the amount offered which was far short of the counties documented costs and requested mitigation fees. Furthermore, nearly every casino in California has eventually expanded in size at some point in time. Is there a promise to expand the financial mitigation? There are also numerous impacts that will affect the local residents that are not even mentioned. If the inevitable traffic congestion results in a lowering of air quality and an increase of traffic accidents, then who will compensate the residents for vehicle smog inspections if required or higher car insurance costs? How about the loss of assets associated with a lowering of property values? Will the individual losses involved with an increase in local crime and drug use associated with the casino be covered? The list of items affecting the individual but not considered by the Tribe when offering financial enticements to the city goes on and on. Finally, can you really put a price tag on the permanent loss of the quality of life that makes Plymouth a special place to live and raise our families? Toma & Anderson water Survey This section makes for interesting reading but fails to mention the 23,000 acre foot diversion right that Amador County owns on the Consumnes River. If this disputed Ione Band of Miwoks actually lived in or around Plymouth or were truly interested in the economic development of the City, surrounding communities and Amador county, then their research would have included this option. The option selected is the one best for the casino developers. After all, this whole project is about what is best for the Tribe and the out-of-state financial backers, not the local communities. Conclusion The tribes project overview document is nothing more than a hollow shell covered with only the thinnest veneer of partial facts. The overview makes a host of unsubstantiated claims and refrains from making a single enforceable commitments. The environmental issues are not addressed in and significant or meaningful detail. The issue of Tribal sovereignty is completely ignored. The City is instead expected to accept on good faith critical issues that the Federal Courts have ruled are not enforceable under State Law. The overview is both inadequate and misleading and as such should be rejected by the City Council and the residents of Plymouth. The only realistic alternative for the City is to join the rest of Amador County in actively opposing what would certainly be a blight on the local community, if it’s allowed to continue. In a nutshell, this whole proposed casino project is about making huge sums of money for Mississippi developers and the disputed Band of Miwok Indians. It appears that the City of P Plymouth is being enticed by the offer of a paltry sum of money for their support because that support is absolutely necessary to overcome the objections of the rest of the Amador County governing bodies. The casino proposal was described in The Sacramento Business journal as “a very very long shot.” Hopefully, it is now clear to the Plymouth City council that this proposed project is not in the best interests of the City or it’s citizens. The time has come for the Council to join with the surrounding communities and the Board of Supervisors and oppose this casino. A unanimous voice from Amador County will realistically help to kill this deal and preserve the quality of life for Plymouth and the surrounding communities. Return toINDEX This is a copy of the "Notice" delivered to Mayor Scanlon and is similar in content to the "Notices" delivered to Councilmen Martin and Colburn. TO THE HONORABLE Darlene Scanlon: Pursuant to Section 11020, California Elections Code, the undersigned registered qualified voters of the City of Plymouth, in the State of California, hereby give notice that we are the proponents of a recall petition and that we intend to seek your recall and removal from the office of City Council, in the City of Plymouth, California, and to demand election of a successor in that office. The grounds for the recall are as follows: It is the belief of the undersigned qualified registered voters of the City of Plymouth that you do not represent the interests of the majority of the Citizens of Plymouth. We believe you have generated Public distrust by your refusal to enter into Public discourse concerning information of Public interest garnered at meetings with Casino developers and the Miwok Indian Tribes, as well as the reasoning in the formulation of your position. We believe you have deceived this community by advocating a Secret Ballot Survey and voting the opposite of a very large majority that unequivocally opposed the casino project and suggesting non-voters support your position. We believe you have embarrassed this City in the eyes of the neighboring community, Cities and Amador County by taking a position, without adequate qualification, that is in direct conflict with the interests of Plymouth voters and our neighbors. We believe your continued presence on the Plymouth City Council will be detrimental to the future of our City. Telephone number to contact proponents (209) 245 - 3801 A copy of this notice and proof of service will be filed with Amador County Elections Official, the City Clerk of the City of Plymouth. You may file an answer to the statement of the proponents with the Amador County Elections Official, the City Clerk of the City of Plymouth within 7 days after the notice is filed. It may not be more than 200 words. If an answer is filed, a copy of it also must be served personally or by certified mail within that same 7 day period on one of the above proponents. The answer shall have the printed name, signature, business or residence address of the officer sought to be recalled. Return toINDEX
Where do we go from here? We work with the new Plymouth City Council who now has a 3 to 2 majority opposing the proposed casino in Plymouth. We explore overturning the MSA on the legal grounds of not following CEQA guidelines and we let the Secretary of the Interior, Gale Norton, know that now there is not a Single Public or Private Organization in Amador Countythat supports this project. Return toINDEX Once there was a small city, not a fancy city, but a nice place to live, where people didn’t have to lock their doors and could walk down Main Street and say hello to their neighbors. The future looked bright for this city; it was in a beautiful place and people were moving to the area and coming as tourists, spending their money at local businesses.
Then some people came to the city with a plan. They wanted to create a foreign country within the city. They said this country would make the city rich. It could do this because they would start a business there that wasn’t allowed in the country of the little city. People would give their money to this business and hope to get more in return--something for nothing, or a lot for a little. The foreign country would not have to obey any of the laws of the city or its country, but the new people promised to be nice to the city and give them some of the bundles and piles of money they would make. The people weren’t sure what to do. Their city needed money for their schools and water and sewer. But they also knew of other places that already had the same kind of nation and business within them, and none of those places were happy about it. They were told they couldn’t stop the project even if they wanted to, and that if they tried they wouldn’t be given anything. So the people thought: "This time it will be different. We can’t win anyway, so let’s take their money." Many people came to work to build the new business and much money was spent and the people thought: "This is wonderful." Then finally the business opened. Many came to give the new business their money--so many that the people of the little city couldn’t drive to their work or their own businesses without long waits, and some were even hurt by some of those who came and had too much of the drink that the new business sold and gave to them, and couldn’t drive on the small reads around the city. Soon the people found that they had to lock their doors, and the police had to come to keep bad things from happening because of all the people who came to give money. Some even spent all their time at the new business, thinking that if they gave enough money they’d get a lot more, but they didn’t. They lost all they had and some even stole from others to keep trying. It turned out that the money the city got from the business wasn’t enough, and then the city asked for more, the business said: "We’re not a part of your country; you can’t make us do anything." So the people of the city had to pay out of their own pockets. The local businesses started to fail because no one came to them anymore. People gave their money to the business at the foreign country and the city didn’t get any new tax money to pay for all the things the workers in the foreign country needed. Many came; some got paid to count the money, but most didn’t get very much to sweep the floors and serve the drinks. Things were all different. The people couldn’t see the stars at night because the new business’s neon lights, that drew all the cars and gamblers, lit up the sky. Instead of farms and beautiful country, the new business with all its money dominated things. Too late, the people realized that they had sold their way of life for a few dollars. Something far more valuable than the the promises of the foreign nation and its business partners was lost. If only they had known, they would have fought to save the very things that brought them to their little city in the first place. It is too late for the people in this fictional story, a fable that has been repeated across this great state. It is not too late for Plymouth and its surrounding area. The Casino backers say: 'The Ione Band of Miwok Indians is building a Casino..." Do you see building going on? They are attempting to build a Casino. There are many steps in that process yet to be completed. Approval by the Governor of California and by the Secretary of the Interior must be granted for a group to acquire lands for gaming purposes, and the position of surrounding local governments must be taken into account. Your response and the position of the City Council are very important. No one can deny that injustices were committed against California’s Native Americans in the past. First by the Spanish, then the Mexican, and then by the United States citizens and governments. Today the power of the vast sums of money, generated by Indian gaming, to influence government officials is creating another kind of injustice. Not only does Indian Gambling impact surrounding communities without their consent, but much of the huge profit from Indian Gambling goes to shadowy groups of handlers and financial backers. An exercise of ordinary common sense will show that Plymouth is a completely inappropriate place to transform into a mini Las Vegas. The effects on the little city in the story are all supported by studies, experience, and even "Time" Magazine. Where do you stand? Return toINDEX
Section 1. This Act shall be known as the Tribal Fair Share Act of 2004. Section 2. Findings and purpose. The People of the State of California hereby find and declare as follows: a. Casino-style gambling exclusively on Indian lands was authorized by the People of California by the enactment of Proposition 1A in March 2000 with the understanding that tribal gaming operations would be limited in scope, confined to existing Indian lands, and would be beneficial to tribal members who were living in poverty. b. Since the passage of Proposition 1A giving California tribes a monopoly on casino gaming in the state, tribal gaming operations in California have grown to the point that there are now more than 60 tribal casinos and 60,000 slot machines on tribal lands, with more casinos under construction. c. Tribal gaming in California now annually generates more than $5 billion in gross revenues and more money is gambled in California than in any other state except Nevada. d. Over 42,000 Californians are employed at tribal casinos. Because they are employed by tribes, they are not entitled to the same protection of state law as other California workers. Moreover, due to their low wages and lack of health benefits, many are forced to rely on taxpayer-supported health programs. e. In other states, many tribal and commercial casinos granted a monopoly on casino gambling pay 25% to 70% of their gross gaming income for the privilege of operating casinos. f. There are only approximately 35,000 tribal members in the entire State of California who are eligible to benefit from gambling revenues and fewer then half of these tribal members belong to tribes operating major casinos. g. Tribal casino operations have caused extensive off-reservation impacts – such as severe traffic congestion on inadequate roads, noise, air, and water pollution, and increased law enforcement and public safety demands – all of which annually cost local governments hundreds of millions of dollars. h. Tribal casinos are not required to pay any significant federal, state or local taxes (such as income, property, or sales tax). i. Tribal casinos benefit from programs and infrastructure expenditures by the State and local governments and individual tribal members are entitled to the same public benefits and services as all other Californians. j. The State of California and its local governments are currently in a severe fiscal crisis and can no longer afford to subsidize tribal gaming operations. k. This measure authorizes the Governor to enter into new or amended tribal gaming compacts under which the Indian tribes may agree to contribute to the State a fair share of the gross revenues derived from their gaming activities in exchange for the continued exclusive right to operate casino-style gaming facilities in the State. l. The amount of a tribal fair share should be negotiated between the State of California and the tribes as provided by the federal Indian Gaming Regulatory Act, rather than imposed by one party. Section 3. Section 19 of Article IV of the California Constitution is amended to read: (h)(1) Notwithstanding subdivision (f)(Ballot Proposition 1A, enacted March 7, 2000), in recognition of the continuing exclusive franchise granted the tribes for casino gambling activities, the tax-exempt status of tribal casinos, and the substantial costs imposed on the State and local governments as a result thereof, the Governor is authorized to seek amendments to any existing compact, and to seek in any compact negotiated after January 1, 2004, the following enforceable terms: (a) a requirement that a tribe pay a fair share to the State of California in an amount which takes into account the tribes’ exclusive franchise on casino-style gaming and exemption from federal taxation, and is not less than what a California business conducting lawful gaming would pay in state taxes (“tribal fair share”); and (b) a requirement that a tribe negotiate directly with any city or county where the tribal casino is located for an enforceable agreement to make payments in lieu of local taxes that are imposed on non-tribal California businesses, and to mitigate any off-reservation impacts caused by the casino, including impacts on other cities and counties significantly affected, and that such mitigation incorporate the policies and purposes of the California Environmental Quality Act; and (c) A requirement that a tribe enact enforceable tribal ordinances that both recognize employment rights of its employees that are equivalent to those afforded California workers in non-tribal businesses, including the employees’ right to choose an employee organization, and to receive health and welfare benefits. (2) With respect to the amendment of any existing compact, or the negotiation of any new compact negotiated after January 1, 2004, if a tribe agrees to the provisions of subdivisions (a) through (c) of this subdivision (h), the Governor is authorized to agree to, but not exceed, the following terms: (a) For existing compacts, an increase in the number of slot machines that each tribe was authorized to operate on January 1, 2004, but in no case shall a tribe operate more than 3,000 slot machines or more than two casinos. (b) For new compacts, a maximum of 3,000 slot machines and not more than two casinos. (3) If the tribe seeking a new compact after January 1, 2004 does not agree to the terms in subdivision (1) (a) through (c), the Governor is not authorized to negotiate a compact with that tribe for the operation of more than 350 slot machines. (4) If a tribe with a compact in effect as of January 1, 2004 does not agree to the terms in subdivision (1) (a) through (c), the Governor is not authorized to negotiate any further amendments to that tribe’s compact concerning the type of gaming activity permitted, the number of permitted slot machines or banking and/or percentage card games, or any other increase or change to the type or amount of permitted gaming. Section 4. Inconsistency with other Ballot Measures. The provisions of this Act shall be deemed to conflict with and to be inconsistent with any other initiative measure that appears on the same ballot that amends the California Constitution relating to gaming by federally recognized Indian tribes in California. In the event that this Act and another measure that amends the California Constitution relating to gaming by Indian tribes are adopted at the same election, the measure receiving the greater number of affirmative votes shall be given any force or effect. Section 5. Severability If any provision of this Act or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of the Act that can be given effect without the invalid or unconstitutional provision or application and to this end the provisions of this Act are severable. Return toINDEX
NPC Speech, "Indians and patriots" Indians and Patriots By David Yeagley, Comanche of Oklahoma To many of America's finest citizens, the federal government has become their worst enemy. A blasphemous atrocity it is when Washington slaughters the rights of American citizens to make room for the ever encroaching and corrupt "Indian" casino business. I said as much at the National Press Club in Washington, DC. Wednesday, May 12, I was invited to speak to leaders of Citizens Equal Rights Alliance, United Property Owners, Upstate Citizens for Equality, and One Nation, Inc. These organizations represent over a quarter of a million Americans citizens who have personally lost money, property, business, and basic civil rights as the result of aggressions by the Indian casino industry. (Not to mention the income counties and states lose to tax-exempt "Indian" casino business.) As an American Indian, a Comanche from Oklahoma, I care about the public image of the Indian. I value being Indian. Though my tribe isn't guilty of encroachment on anyone's rights, it is a vital concern to me that, nationally, the "Indian" casino industry is destroying the pride and meaning of being Indian. I therefore have a stake in the cause of these American citizens' organizations that met in Washington. I've called myself an American Indian patriot since I began writing as a FrontPage Magazine columnist, speaking for Young America's Foundation, and managing my own web site, BadEagle.com. Therefore these citizens' organizations called me to Washington to talk with them, and to them. I wanted to know how they really feel, and what their real goals are. Of course, most Indian leaders regard these organizations as the enemy, especially those Indian leaders involved in the casino industry. CERA is serious threat. "This group has a history of attacking tribes," said David Simmons, Director of Policy and Research for the National Indian Child Welfare Association. In a typically anonymous and inflammatory editorial in Indian Country Today, all these groups are called "anti-Indian organizations," and "hate groups," "focused on destroying the bases of Indian sovereignty on the basis of United States law." But these groups are not anti-Indian. They are anti-casino. They're against the federal government forcibly setting up a casino in their face when they didn't want it. They're offended that the federal government shows preference to syndicated contractors and managers, morally abandoned politicians, and a handful of criminally-minded tribal leaders-instead of honoring the rights of honest American people. They feel betrayed when federal government completely denies the very idea of equal protection under the law, and suspends the whole concept of private land ownership. These citizens' organizations are against the idea that through this syndicated, politically corrupt gaming industry, irresponsible Indian leaders suddenly acquire land and have power and jurisdiction over American citizens who have owned and developed that same land for generations, and have paid taxes on their lands, properties, and businesses for decades. They are against the idea that their rights as American citizens should be literally taken from them, and that the federal government should declare them foreigners on what was their own land. Indeed, they don't want to happen to them what happened to Indians! And why should it? It's their people that created America, not Indians. Only a diabolically self-righteous liberal politician would take America out of the hands that created it, and give it to those who either lost it, or never had anything to do with it. But this is what's happening. It's really an internal war, not between Indians and whites, but between whites and other whites. It is a desperate power struggle, and Indians are being used by liberals as the arrow head to strike deep into the heart of American values. Yet the white blood flowing is the purest I've ever seen. These citizens I met in Washington have no resentment towards Indians. There wasn't the slightest trace of animosity, or hint of anger or racism toward Indians. I heard rather a noble cry for America, a heartfelt prayer for the country. That set my heart aflame. I was proud of them. I was proud to be with them. In a way, I was proud that Indians are the catalyst of a fundamental American reformation. Casinos are ruining Indian country, and America. Casino politicians and businessmen are the ones who are anti-Indian and anti-American. Skip Hayward and his Mashantucket-Pequot Casino club for Negroes have done more damage to Indian Country than Christopher Columbus. They've made the very claim to be Indian a joke. And their casino precedent has spawned more social disease in America than the pox-infected blankets. Return toINDEX
Citizens Groups call for Moratorium on Off-Reservation Casinos PRESS CONFERENCE AT NATIONAL PRESS CLUB CONTACT: BARB LINDSAY, EXECUTIVE DIRECTOR WEB SITES: JOINTLY HOSTED BY: ONE NATION, INC., CITIZENS EQUAL RIGHTS ALLIANCE (CERA) AND UNITED PROPERTY OWNERS SUBJECT: SELLING SOVEREIGNTY FOR SLOTS Abbreviated Description: Confronting Flawed Indian Policy: Collective call for a moratorium on off-reservation casino expansion & halt to recognition of additional Indian tribes until comprehensive reform is enacted. Full Description: Do we wish to destroy our cherished American dream - a harmonious melting pot of all cultures, colors, and creeds? The current drive to revere tribalism among American Natives suggests the answer is "yes" to resurrecting the divisive apartheid we once deplored. With 562 federally recognized tribes, 291 tribal recognition petitions pending, and 400 monopolistic Indian casinos supplying outrageous funding to political parties, elected officials, and lobbyists, a new domestic crisis is exploding across America. One Nation, Inc., United Property Owners, and Citizens Equal Rights Alliance - - three nonpartisan national coalitions of community groups, trade associations, and local governments - - say, "Enough is enough!" Concerns lie not with American Indians, as many of our members claim this proud heritage. It's federal Indian policy and out-of-control government bureaucracies assigned to monitor and serve the tribes - - and some tribal leaders who don't serve the interests of their own people. The BIA aggressively facilitates expansion of casino gambling based on blatant influence peddling, crass procedural irregularities, and federal recognition of "tribes" of unsubstantiated ancestry recruited by moguls of the gambling industry. State sovereignty, local government rights, and citizens' due process are routinely ignored as increasing acreage is taken from each state's tax base into "trust" status for the proliferation of tax-free tribal enterprises. Recently, BIA employees have even taken over tribes to promote their own wealth at the expense of legitimate American Indians. Indian policies are eroding state and local tax bases, bankrupting innocent small businesses, corrupting government at all levels, and destroying the once respectable image of Native tribes. While some state governments are now looking for budgetary relief from legalization or expansion of gambling, states with the biggest deficits are those that have encouraged the proliferation of tax-exempt tribal casinos. A proper balance must be struck between a tribal government's right to govern its own members and lands, and the rights of other Americans to preserve our constitutionally guaranteed self-government and consent of the governed. Tribal members, local citizens, and elected officials in forty states are respectfully urging the Bush Administration to invoke an immediate moratorium on federal recognition of additional Indian tribes and a halt to approval of off-reservation "trust" land conversions until comprehensive reforms are enacted. Now that tribes own and operate businesses generating hundreds of millions in annual profits, they should be required to comply with employee and patron protection laws, to mitigate their adverse off-site impacts, and to pay for the vital public services they extensively use - - like all other businesses do - - including those operated by foreign sovereign nations. We're quickly becoming a nation divided, by legally categorizing our citizens into two classes - - special preference Indians and everyone else - - elevating one class of persons to be above the law and financially supported by U.S. taxpayers, while the economies, resources, and rights of other American citizens suffer dramatically. Sovereignty should be used as a shield and not like a sword! Please come and hear "Voices Across America" to learn more about a growing national crisis impacting millions of Americans. Return toINDEX
Letter to Governors Secretary of Legal Affairs To: Peter Siggins, Secretary of Legal Affairs Mr. Siggins, there is great concern that the Ione Band of Miwok has proposed to site a Casino in Plymouth and to that end an MSA with the Ione Band of Miwok was approved by the Plymouth City Council. The Council approved an MSA that greatly disadvantages the City without regard for the overwhelming objections of its citizens on February 20th and under highly questionable circumstances. The public was given 48 hour notice for a special meeting scheduled on Friday evening to comment on a 37 page Municipal Services Agreement. Following this letter is a lengthy document containing concerns of several citizens who were not able to adequately review or have the document reviewed due to the limited meeting notice and believe that the MSA is not a legally enforceable document and should be set aside. Additionally, since the MSA was signed on February 20th, 2004 information concerning highly questionable and potential unlawful actions taken by officials in the Sacramento Office of the Bureau of Indian Affairs has come to the attention of the United States Congress. The alleged actions relate directly to circumstances relating to the authenticity of Matt Franklin and his groups claims that they are the Ione Band of Miwok. The actions alleged to have occurred are of such a serious nature that Congressman Frank Wolf of Virginia, ranking Democrat on the House Resources Committee, has publicly called for a complete and thorough investigation into the actions of officials in the Sacramento Office of the BIA. Due to the seriousness of the allegations, Congressman Wolf has written President Bush, Vice-President Cheney, and Secretary of the Interior Gale Norton requesting that all land acquisitions be suspended until the investigation into the highly questionable activities of the Sacramento Office of the BIA is completed. Therefore, we request that you review as many of the concerns outlined in the following document as you deem necessary. We further request that any application or request the Governor might receive from the Ione Band of Miwok to enter into a Tribal-State Compact for Gaming be denied until this investigation into the allegations surrounding the Ione Band of Miwok has been completed by the United States Congress or their agents. Respectfully, and on Behalf of Citizens Return toINDEX
Issues and Concerns Relating to the Municipal Services Agreement Entered into by the City of Plymouth on 2/20/2004 This analysis may appear to be nit-picky but there is a reason for a close look at all the details. Remember, if any dispute arises concerning the meaning of this document, then the Lawyers will be looking at every dotted ”i” and crossed “t”. The flaws pointed out here could have enormous consequences and could result in a meaning very different from the rosy scenario painted by the Plymouth City Council. In fact after reading this analysis, it is difficult not to conclude that the signing of this document was an egregious error in judgment bordering on incompetence. The City of Plymouth has placed themselves in a position of serious risk if this document is allowed to stand. Page 1, Recitals. line 1 WHEREAS, the Tribe's historical occupation of Amador County, including the City and surrounding lands has been documented; and........ Need this documentation. Environmental Impact Report for the Pioneer Project contains a report by Ric Windmiller concerning the archeology of this particular portion of land and he found no evidence of any Native American sites or anything of interest related to Native American Indians. The Ione Band of Miwok did not even reply to his requests to contact him if the Tribe had any concerns or issues despite multiple contacts by Mr. Windmiller. Page 1 Recitals line 3 Whereas the United States Congress has authorized the Secretary of Interior (hereinafter "Secretary") to acquire land in trust for the Tribe in order for .................... Need this documentation dated prior to February 12, 2004 as it is my belief that no such authorization existed at the time the agreement was signed by Mr. Franklin. Page 2 Recitals line 9 ...and the parcels are compatible with surrounding land uses which minimizes the adverse impacts on municipal services and City residents. The siting of a Casino Project at this location is in direct conflict with current land use, is in direct conflict with the City's General Plan, and is in direct conflict with Amador County's General Plan. Page 2, Recitals line 2 ....WHEREAS the Tribe has requested that the City support the Tribe's request to the Bureau of Indian Affairs to take land into trust, such a letter of support is set forth in Exhibit "D" and attached........ The citizens of the City overwhelmingly oppose this project and the letter of support from the City, Exhibit "D" is a gross misrepresentation of the will of the people of the City. Page 2, Recitals line 14 ...and the Tribe is not required to provide any compensation for the impacts impacts that the Tribe's use of the its Trust Lands would cause...... This project is for gaming and the current compact with other Tribes engaged in gaming does require mitigation of impacts. This paragraph is an indication that no compact exists between this Tribe and the State of California. Page 2, Recitals line 20 ....if the Tribe enters into an enforceable MSA to comprehensively mitigate all impacts of the acquisition... Comprehensively mitigate is vague, does comprehensively mitigate or comprehensively make less painful mean 20% less painful, 80% less painful. Mitigate does in fact mean to make less painful or in the case of negative impacts, less negative. Page 3, Recitals line 1,2...mitigating any environmental impacts of its planned use of the Trust Lands that are identified in the EIS to be conducted pursuant to NEPA;.... The City will be required to resolve any environmental issues to the CEQA requirements not NEPA and mitigation should be to CEQA requirements which are historically more stringent and costly to resolve than NEPA. Page 3, Recitals line 8 WHEREAS, the dollar amounts referenced in this MSA are present estimates, the actual amounts will be determined..... Need to see documentation on which these estimates were based. How were these estimates determined? Who determined the estimates? What data or information were these estimates based on? Page 3, Recitals line 10,11,12 Any required amounts found to be more than stated in this MSA shall be open for renegotiation and adjustment as mutually agreed by the Parties. If there is any confidence in the dollar amount estimates contained in the MSA then any larger required amounts will be paid by the Tribe or the entire MSA will be voided. . Page 3, Recitals line 12,13 The amounts presently stated in the document shall be minimum amounts and shall not be lower than stated herein except as noted in Section 28.; ... Conflicts with Page 28 section 28 .. Should read as in italics above. Page 4, Recitals line 6,7 the Tribe agrees that this agreement is intended to mitigate such impacts according to the EIS and otherwise as described in this document. Can I presume that the City does not agree that the agreement is intended to mitigate such impacts.....What about the City agreeing that the agreement is intended to mitigate such impacts, and again the City will be held to more stringent and costly CEQA requirements not the NEPA requirements in the EIS. Page 4, Section 1. Land to be taken into Trust. The Tribe has requested that the United States take into trust for its benefit twelve (12) parcels..... City and Tribe need to provide any documentation indicating that such a request for the parcels in Exhibit "A" was made before Matt Franklin signed this MSA on February 12, 2004. Page 4,5 Section 1. The City agrees to support the Tribe's request to have the Secretary of the Interior take among other lands, the Trust Lands into trust for the benefit of the Tribe.... The citizens of the City do not support such action as indicated by their 73% opposed vote on 9/11/03 and this support is from the Council of which 3 members are subject to recall. Page 5, Section 2. Compliance with Applicable Laws. .... The Tribe shall adopt and construct the Project in accordance with standards no less stringent than those set forth in the Uniform Building Code, including all uniform fire, plumbing, electrical, mechanical and related building codes. What is the process by which this will be verified, confirmed. There is no description as to how the City or any other Government agency could confirm adherence to the UBC. If such confirmation cannot be made insure that the Tribe is meeting its portion of the agreement and therefore there is no way to enforce the agreement to the minimum requirements of the UBC and the agreement is null and void because it cannot be enforced. . Page 5, Section 3. Environmental Review. The Tribe agrees to not transfer title to the land to be taken into trust to the United States until the Department of Interior has concluded any required environmental reviews of the Project under NEPA. Again, the City will have to meet CEQA requirements not NEPA and this review by the Department of the Interior should be conducted in cooperation with the State of California to CEQA requirements. Page 7, Section B line 3,4 ...as set forth in the Tribal -State Compact... What Tribal-State Compact? The Tribe needs to produce a copy of this Compact signed and dated by the California Governor before February 12th,2204, the date on which Matt Franklin signed the agreement. Page 7, Section B line 15,16 ...toward completion of its "Long Term Wastewater Management Plan" of September 2002. This Wastewater plan was developed by Eco Logic and Harold Wellborn. It is believed that Harold Wellborn has contributed to the City's and or the Tribes efforts in preparation of the MSA while at the same time being under contract to the Ione Band of Miwok creating a potential conflict of interest. Page 7, Section B line 17The contribution is to cover engineering costs for work now in process. I do not believe the City Council at any Public Meeting has placed on the Agenda, discussed, and approved any monies to be spent for engineering work relating to this project. The City needs to produce record of such action. The City needs to produce the plans for the work in process, the engineering firm or firms engaged in the work. The City did receive in 2002 a report from ECO Logic which contained such a plan but this was completed well before this Casino project was made public and the intent of the work was to benefit the citizens of the City not a Casino project. Page 8 Section C,D,E Where payments are to be made one time, quarterly, or annually.... What if the payments are not made on time? Are there penalties? Seems elementary to me that late payments should have some action associated with them, explanation, grace period etcc.?? Page 9, Section 5.A. Payment for Law Enforcement Services. The Tribe shall pay the City for Law Enforcement Services, including, but not limited to, public protection, emergency 911 services, prosecution, public defense, and jail costs, on a quarterly basis, the annual sum of .... ($455,275). The parties agree that this sum will permit the Law Enforcement Services on a 24 hour/ 7 days per week basis and represents reasonable compensation fro the additional burdens..... The City currently has no Law Enforcement officers and zero Law Enforcement infrastructure. The City has no Prosecutor. The City has no jail. The City needs to provide the assessment and estimate documentation that was used to determine that $455,275 will even properly equip and staff a 7X24 Police Department. City need to produce all the documents used to estimate that these Law Enforcement Services could be provided at this annual cost as well as the plan to implement such Law Enforcement Services. Page 10 Section 5.B. When practical, the City Law Enforcement will notify the Tribe's public safety or security director, if any, ... Is there a Tribal public safety or security director or not? Will this position be staffed 24x7 and what if notification cannot be made. When should this notification be made, immediately, an hour later, the next day, week or month. Page 10, Section 6 Payment for Fire Protection and Emergency Services. ... The scope of said services will be detailed in the IES conducted to comply with NEPA. If the EIS has not been completed and no detailed scope of services was available then how could any estimate have been made as to any of the costs contained in this section? Page 10, Section 6.A. The Tribe shall pay ....($770,000) to the City to remodel the existing fire station .... City should provide documents with plans for this remodel that include but not be limited to design requirements, estimated costs, and any CEQA environmental issues that were used to make this estimate. . Page 11, Section 6.B. The Tribe shall pay ...($230,000) to the City for the purchase of a fully equipped custom pumper truck (or other type-one engine) to be housed at the above mentioned fire station. Are all fully equipped custom pumper trucks considered type-one engines? The city should provide documents showing that preliminary bids or estimated costs from fire truck manufacturers were requested and received for the type of truck described in the agreement prior to February 12, 2004 the date Matt Franklin signed this agreement. Page 11, Section 6.B. The City agrees to have the pumper truck available on or before the date the Gaming Facility is open to the Public. Vague and not specific. Does anyone in the City need to know how to operate the truck? Page 11, Section 6.C. The Tribe shall pay the City quarterly the annual sum of ...($638,000) for fire personnel to staff the fire station 24 hours a day, 7 days a week and ..... What data and information is this amount based on? The City needs to provide documents they requested received and used from reliable sources that indicates a station can be staffed 7x24 for this dollar amount. Page 12, Section 7. Roads and Traffic Circulation. In the EIS , the BIA has caused to be conducted a traffic study to determine the traffic impacts As of 2/12/04 the date that Matt Franklin signed this agreement the BIA has not even published the results of the Scoping Sessions. No EIS exists on which the BIA could have caused the a traffic study to be conducted. The EIS that was completed, subjected to public hearings, finalized, and approved and dated prior to 2/12/04 needs to be produced by the City or the Franklin Group. Mitigate Traffic Impacts to what extent - fully, partially, comprehensively? Page 13, Section 8. Lines 6-8 The Tribe shall provide the funds identified in Paragraphs 9 and 10 as connections fees only if the City is willing and able to provide the municipal water and sewer disposal service sufficient to meet the needs of the Project,....... What will be the source of water if the City is not willing and able to provide the water? What will be the source of sewer disposal if the City is not willing and able to provide the sewer disposal service? Page 13, Section 8 line 12 ...even if the MSA is terminated... Where in the agreement are the conditions for termination outlined? Page 13, Section 8 line 14-16 The Tribe shall install an approved backflow valve at the point of connection. A sampling manhole cover with meter shall be installed on the wastewater line at the point of connection to the City line. The installation of the backflow valve as part of the wastewater system should be subject to the City's approval and in fact the Tribe should pay for the installation of a backflow valve by the City. Who will install the sampling manhole with meter? When are these installations required to be initiated and completed? So vague as to not be enforceable. Page 13,14 Section 9 line 23, After the land is placed into trust, the Tribe will pay the sum of ....($1,675,000) as a one time wastewater capital connection fee. This fee is based upon 75,000 Gallons Per Day ("GPD") divided by 300 gallons per Equivalent Dwelling Unit ("EDU") which equals 250 EDU's times $6,700.......... 75,000 GDP based on what verifiable engineering data or data from similar sized Casinos in surrounding area. City needs to produce this data as well as preliminary plans on which such estimates were based.. Why is 75,000 GPD used here and 188,000 used in Section 10 for potable water? City needs to provide data explaining the reason for the difference. The current system was paid for by the citizens of Plymouth and has about 40 percent of its capacity available for future expansion. The Casino Project may use more capacity than is available in the current system so the Project needs to provide the Capital outlay so the city can build a wastewater system at no cost to the residents of Plymouth and not use the capacity they have already paid for. The cost for such a wastewater system will likely far exceed the $1,675,000 amount in the agreement and the City needs to provide verifiable data and plans that substantiates that this amount will allow for the expansion of the current system beyond its current approximate 1061 EDU capacity or build a new system with the capacity needed to service the Casino Project. City needs to provide data and plans showing that $500,000 annual payment will allow proper operation and maintenance of an expanded or new wastewater system sufficient to service the Casino Project. Page 14,15 Section 10. Potable Water Services. ....After the land is placed into trust, to the extent that the City is willing and able to meet the water needs of the Project and all necessary.....the Tribe shall pay the sum of ....($3,000,000) for a connection fee. This fee is based upon a maximum of 188,000 GPD...... City needs to provide the engineering data, estimates, or plans on which this estimated amount is based. City needs to provide data showing what the 188,000 GPD is based on and how it was verified and why is it more than double the wastewater GPD of 75,000 GPD? The City is currently under a State of California building moratorium for lack of reliable sources of water suited for sale as potable water. Has the State of California been contacted concerning this agreement and is the City even able to enter into this agreement due to the State imposed moratorium. City ordinance 90-2 imposes a $4,000 Arroyo Ditch fee on each potable water connection. Has this fee been included in this agreement?. Are additional EDU charges one time or permanent? City needs to provide data verifying that $500,000 annual payment is sufficient to operate and maintain the expanded water system required to supply the Casino Project. Page 15, Section 11. ... To the extent that the City is able to meet the water needs of the Project and all necessary permits and approvals have been obtained, the Tribe agrees to grant the City the right to use the utility easement along the existing alignment of the existing haul road to the New Chicago Site for a water line....... This indicates the City is planning to use the Amador Water Agency ("AWA") as the source for water for this Project. Has the City contacted the AWA concerning this project? The City needs to produce the minutes of any Public Meeting where such authorization to explore the use of this water for this project as well as the documents provided by the City to the AWA describing the size and scope of the project with requirements for AWA to hook up the line from New Chicago to the City water System. The City needs to produce the plans and any documents describing this project that would allow how the $3,000,000 connection fee was determined to fully fund the bringing a water line from New Chicago to Plymouth. Page 16, Section 14. ....or as set forth in the Tribal-State compact. What Tribal-State compact.? The City needs to provide a copy of this compact signed by the Governor of the State of California before the February 12th signing date of Matt Franklin. How will City, County, State, or Federal officials verify or confirm that this section is being adhered to by the Tribe? Will officials have access at any time to check the age any patrons of the Casino? What is the penalty if persons under the age of 21 are found to be gambling? Page 16, Section 15. Problem Gambling. Will the tribe report problem gamblers, what is the process for identifying these people, will they be allowed in the Casino, Is there a list of known problem gamblers not allowed? Page 18, Section 16.E. Impact on City Revenues. .....The Tribe will compensate the City 10% of gross revenues derived from hotel, motel, or lodging room rent paid, which amount will be paid on a quarterly basis to the City. What is the process for the City to verify these gross revenues? What if the Gross Revenue information provided by the Tribe are found to be incorrect? What happens if the Casino offers rooms at a discount or for free as part of a package deal? What happens if the quarterly payment is late? What is the difference between "rent paid" and "revenue" Page 19, Section B line 10,11 Such arbitration shall be held in Sacramento or such place as the Parties agree. The Casino Project is in Plymouth and with the alleged historical ties the Franklin Group claims to have to this area all arbitration should be held in Plymouth or Amador County. Page 22, Section 17 D iv Dispute Resolution No assets of the Tribe, a tribal enterprise, any individual tribal council member, tribal officer, tribal attorney, tribal employee, tribal agent, tribal member, or any other person or entity acting on behalf of the Tribe, other than the revenues of the Gaming facility may be levied, attached, subject to lien, used, seized, garnished or taken to satisfy any award in arbitration or court order. Are the Revenues of the Gaming facility gross or net revenues? If a judgment contained an award as a percentage of revenues which revenues would be used, gross or net? No process is defined in the agreement that allows the City to verify the gross or net revenues through its own audit or the use of an independent auditor. This section is so vague as to be unenforceable. Page 25, Section 19 Support the Trust Application ....and shall request the Secretary to take twelve parcels into trust..... Only 8 parcels are in the City. Has the City reached agreement with Amador County to act on behalf of the County and request that more 200 acres of land contained in 4 parcels located outside the City in the County into trust? Page 27, Section 24 Severability If for any reason any of the provisions of this MSA are found to be invalid or unenforceable by a court of last resort, then that provision shall be severed from this MSA and the remainder of the MSA shall remain in force. What happens if the case of Force Majeure when the Tribes payments are suspended or terminated can the City suspend or terminate services? If the City cannot deliver necessary water what need is there for wastewater services? Page 28, Section 26 State Filing This MSA will be filed with the State of California as required by the Tribal-State Compact, and ....... The Tribe needs to produce a Tribal-State Compact signed by the Governor of California dated earlier than the February 12th , 2004 signature of Mr. Franklin. Page 28, Section 27 Preparation of MSA The Parties drafted and entered into this MSA after careful review and upon the advice of competent counsel, .... City Council has not produced any documentation to substantiate public statements that attorneys were used in addition to City Counsel Mike Dean. City needs to produce all billing records for any attorney fees related to the drafting, review, and advice of any counsel competent or otherwise. Can the city produce evidence of any nature to substantiate this statement? Page 28, Section 28 Force Majeure How does the City verify the decline of 50% of Net Revenues of the Gaming Revenues. What if the State of California changed gaming laws that caused the revenues to drop, how is the City protected? Currently, Indian Gaming is not subject to audits or control and this section without necessary verification processes for the City is so vague as to be unenforceable. Return toINDEX
State Board of Health's Criticism of Plymouth MSA (Website editor Note: We find this analysis by a neutral organization interesting. While the document speaks for itself, we cannot help but feel that it is another negative indicment of the seriously flawed Plymouth MSA.) February 20, 2004 City Council
City of Plymouth Municipal Services Agreement Between City of Plymouth and Ione Band of Miwok Indians The Department has reviewed the draft Municipal Services Agreement (MSA) between the City of Plymouth and the Ione Band of Miwok Indians. The section relevant to Potable Water Services does not address existing limitations related to the water supply the City of Plymouth has available to support additional development. In the MSA, the City makes a commitment to serve potable water for the development subject to the City obtaining an expansion of its water supply sufficient to meet the needs of the project. However, the agreement does not specify the potential sources of water that might be considered by the City to meet the needs of the project. The Department is concerned with the capacity of the ground water aquifers in the Plymouth area to support appreciable growth. On January 12, 1990, the City of Plymouth adopted Resolution No. 90-2 concerning a water service connection moratorium and establishing guidelines for the issuance of connections to the City’s water system. The resolution established a process for the issuance of only 50 new service connections, based on an evaluation of the City’s water supply that concluded that the supply could only be expected to reliably support 50 additional service connections. Based on the commitment of the City to limit the expansion of its water service connections to avoid water shortages and outages in drought years, the Department modified its service connection moratorium on February 8, 1990, through Compliance Order No. 01-90-019, which ordered the City to implement and enforce its Resolution 90-2. Growth since 1990 has used about half of the 50 service connections available to the City. The draft MSA needs to be modified to acknowledge the limitation of the supply of ground water available in the Plymouth area and to specify that any expansion of the City’s water supply must conform to the limitations of Resolution No. 90-2 and the California Waterworks Standards. The City has verbally indicated that surface water supplied by an extension of the Amador Water Agency’s potable water supply pipeline to Amador City may be available to expand the City’s water supply for the proposed project. Similarly, it is conceivable that the City could make the Arroyo Ditch a reliable supply of surface water for the City’s potable water system. In any event, the MSA needs to state that the expansion of its water supply must be approved by the Department before the City can confirm its will and ability to serve the project. Once the City submits an engineering report relevant to the expansion of the water supply, including the details of the additional sources of water that will be used to serve the project, the Department will review the plan and take appropriate action with respect to the approval of the expansion request. The Department is neutral on the issue of the growth related to the MSA for the proposed casino. However, the Department has responsibility to assure that the City of Plymouth maintains an adequate supply of water to support the health and safety of the citizens of the community. Therefore, the Department must be assured that an adequate supply of new water is identified before the City’s service area is expanded beyond the 50 connections that were authorized in 1990. The expansion of the City’s water supply will necessitate an amendment of the City’s water supply permit from the Department. In addition, the City must meet the requirements of the California Environmental Quality Act in expanding its water system. It may be in the interest of the City to disclose these regulatory responsibilities in the MSA. If you have any questions, contact me at (209) 948-3816. Joseph O. Spano, P.E.
District Engineer Return toINDEX
Analysis by NO Casino Opposition Lawyer Stephen R. Zalkind February 20, 2004 Honorable Mayor Scanlon RE:[Proposed] Municipal Services Agreement Dear Mayor Scanlon and City Council Members: Please refer to my letter to you dated October 22, 2003, the contents of which are hereby renewed and restated in opposition to the proposed Municipal Services Agreement (the “agreement”) with the Ione Band of Miwok Indians (the “Tribe”). Initially, we question and challenge the legality and necessity of setting this special meeting on minimal notice tonight (February 20, 2004), when the next regular meeting is in less than one week (February 26, 2004). Next, please be advised that we consider your delayed recent production of the agreement, which my clients requested at the City Council Meeting on February 12, 2004, to be a violation of the Public Records Act, among other applicable rules. Your apparent motivation was to deceive the public regarding your surreptitious negotiations with the Tribe, and to restrict the public’s opportunity to review the agreement and respond. In this regard, it is instructive that the Tribe Chairperson purported to execute the agreement on February 12, 2004, the same date on which you responded to the request that the agreement was not yet available. While we anticipate numerous objections at tonight’s meeting to any proposed action to enter into the agreement with the Tribe at this time, the following matters commend special comments and objections: In addition to the previously-noted actions that would necessitate environmental analysis under CEQA, there are significant traffic and public highway impacts. Further, the City is apparently committing itself to vacate certain public roadways to accommodate the Tribe’s proposed project design. While the agreement cites the National Environmental Policy Act (“NEPA”) and an environmental impact statement (“EIS”) that the Tribe claims to have requested from the Bureau of Indian Affairs, the agreement states that, “it is intended to mitigate such impacts according to the EIS and otherwise as described in this agreement.” (agreement, page 4). The agreement is entirely illusory and premature. Its primary purpose is to support the Tribe’s effort to have the Department of Interior to take the proposed casino site into trust. In the absence of any EIS defining impacts, the agreement, even if enforceable, cannot provide meaningful compensation to the City or otherwise mitigate any impacts of the Tribe’s intended project. The agreement is also illusory because the only promised actions by the Tribe to compensate for impacts, improve the City and contribute to quality of life for Plymouth citizens involve the Tribe’s payments of substantial sums of money. Yet after the agreement acknowledges that a waiver of sovereign immunity is a prerequisite for any legal action against the Tribe, the purported, “Resolution of Limited Waiver of Sovereign Immunity” attached to the agreement (exhibit “C”) limits the remedies to specific performance or injunctive relief. In fact, there is an affirmative statement that “no claim for money damages shall be made, entertained, or awarded.” While a provision in the agreement suggests that, “decisions which require the payment of sums pursuant to breaches of obligations of the Parties under this agreement, . . .” might be allowable, the rest of that provision states that such claims must be, “not inconsistent with the Tribe’s limited waiver of sovereign immunity.” (agreement, page 21, subsection ii). The plain, predictable legal effect of the agreement is that the City has no remedy for money damages against the Tribe for any reason whatsoever. To reiterate, since the only meaningful acts the Tribe proposes to do to benefit the City are payments of significant sums of money, the City has no remedy should the Tribe not honor its financial “obligations”. In short, the City’s “right” to receive any payments, or more critically, reimbursements for any sums the City advances to comply with the City’s obligations under the agreement, is not enforceable against the Tribe under the agreement. Accordingly, the recital that the City is prepared to support the Tribe’s trust acquisition request to the United States, “if the Tribe enters into an enforceable MSA to comprehensibly mitigate all impacts of the acquisition . . .” (agreement, page 2) states a predicate for approval of the MSA that does not exist. In my opinion, there is no enforceable obligation of the Tribe to pay any moneys under the agreement. In conclusion, we again respectfully request that the City Council reject the agreement, and that this communication be made part of the official record of the City Council’s action on this matter. Sincerely yours, Return toINDEX
Unsolicitated Analysis of Plymouth MSA by Brad White For those of you who are interested in another interpretation of the Plymouth MSA, here’s a take from Brad White of Plymouth. Charles Gardner is the Plymouth City Manager. Is he in conflict? This is the information as I understand it. Charles came to the city as an employee of ECO:LOGIC under the direction of Harold Welborn. His salary was paid by ECO:LOGIC or Welborn and billed to the city until he became a part-time city manager and a part-time employee of Harold Welborn. Charles stated on Jan. 22, at a city council meeting, “Harold Welborn is my employer.” When the city was asked to provide the names of specialists used in negotiating the Municipal Services Agreement (MSA) with the tribe, Charles signed a document that stated the only engineering specialist the city used for the MSA was ECO:LOGIC. At the signing of the MSA, Harold Welborn representing ECO:LOGIC was seated at a special table for those that negotiated the MSA with the city’s and tribe’s lawyers. Six days later, the city entered into an agreement with ECO:LOGIC for $155,000 for water and sewer and environmental studies to be paid for by funding set up in the MSA. Harold Welborn is doing these studies. How well did Gardener oversee the MSA negotiation for the city? • Fire protection salaries - 80 percent of actual costs. To arrive at the $638,000 figure in the MSA they used 10 entry level positions. No chief, no captains, no sergeants. This information is from the fire chief. • Law enforcement and prosecutions, - Is listed as $455,000; 47 percent of D.A. and sheriff estimates at scoping session of $970,000. • Sewer - 39 percent of normal fees. City used 250 EDU (Equivalent Dwelling Units) at the city’s connection fee of $6,700 each. The actual EDU based on Jackson Rancheria’s current water use should have been 640 EDUs. • Water - 40 percent of estimate. Without Federal Housing Authority grant of $3 million used in MSA was based on a water agency review that was incomplete. The agency said that number should not have been used. The city’s engineer estimated $7.5 million plus. • Schools - 0 percent. They removed school funding from the final draft of the MSA. I would ask who is going to pay to construct a school for the estimated 400 school children of the 1,100 casino employees? It becomes a little clearer why Charles recommended the city hire a financial consultant at $700 a day, which they did last Thursday. Should Charles Gardner be investigated? With your help this casino can be stopped. This city council must be recalled. Brad White Return toINDEX
November Plymouth City Council Election results The November Election results for the Plymouth City Council again demonstrate this communities overwhelming opposition to the proposed casino. Almost 72% of the City’s eligible voters cast ballots on Tuesday with 68% rejecting the pro-casino candidates. This percentage is precisely the same results as the original City survey a year ago and also of last April’s recalls election. If this consistency in rejecting a proposed casino is not a mandate, then we fail to understand what is. Tabulated Results:
Barbara Nicholson – 185 (note: City has approximately 512 voters and each ballot cast was instructed to vote for three candidates. A total of 1104 ballots were turned in and 754 or over 68% were cast for anti-casino candidates.) Return toINDEX
Status of Investigation of Sacramento regional Office of the BIA
Original AP Story Questioning BIA Corruption We've been saying for months that there are serious doubts about the BIA and the leadership question of the Ione Band of Miwoks. Now the Associated press has independently reached much of the same conclusions. Their Story follows, while our version is given in the Background Section of this website under Who are the Real Ione Band of Miwoks. Bureau of Indian Affairs staff has ties to conflicted Tribe PLYMOUTH, Calif. - Amid the rolling hills of vineyards and wineries in what is becoming one of California's fast-growing wine regions, a once-tiny, nearly destitute tribe is pushing hard to build a $100 million casino. It is doing so only because regional Bureau of Indian Affairs officials opened the tribe's membership rolls against the wishes of its traditional leadership, then oversaw an election that swapped the old leadership for a pro-casino group including some BIA officials themselves. One congressman called it an apparent "coup d'etat" that should make other tribes "tremble with fear." Across America, the promise and reality of gambling riches is pitting tribal members against one another as they cash in on what has become a $15 billion industry in 30 states. What sets apart the Ione Band of Miwok Indians, however, is the intimate involvement of federal officials charged with overseeing tribal affairs, and what federal and local officials call their stunning conflict of interest. Before the BIA's involvement, about 70 traditional members of the Ione Band of Miwok Indians lived in trailers and manufactured homes on 40 acres near Ione. Now, those BIA officials and their relatives are officially among the tribe's approximately 535 official members. Amy Dutschke, whose family has roots in the Ione area, was the BIA's acting regional director in June 2002 when she authorized the tribe's latest leadership election, BIA and tribal documents show. Dutschke and 68 of her relatives now are on the tribe's official list of registered voters, including an uncle and a niece who also work for the BIA, according to tribal rolls, a BIA employee list and opposition members. The election was overseen by BIA employee Carol B. Rogers-Davis, whom the BIA named chair of the elections board. She has three relatives on the tribal roll, records show. The election produced five new tribal leaders, four of whom are related to Dutschke and none of whom is related to the tribe's original 70 members. The BIA-recognized tribal chairman, Matt Franklin, said he could provide documents proving the legitimacy of the tribe's expanded membership, but did not do so despite repeated requests over several weeks. After original tribal leaders complained, four congressmen called for an investigation of what U.S. Rep. Nick Rahall of West Virginia, the ranking Democrat on the House Resources Committee, termed an apparent BIA coup. Not only did BIA employees become members of the tribe they were administering, they then took seats on the tribe's election committee and threw out an election protest filed by the tribe's ousted chairman. The BIA in Washington, in turn, relied on the tribe election committee's decision in refusing to probe its own employees' involvement. The Department of Interior's inspector general also declined to investigate the Aug. 10, 2002, election, telling the complaining congressmen that it was an internal tribal matter. Nedra Darling, the BIA's Washington spokeswoman, said she couldn't comment because the Sacramento-based regional office never responded to her repeated inquiries over more than a month. Regional officials, including Dutschke, similarly did not return repeated telephone messages left by The Associated Press over a matter of weeks, nor respond to a letter sent by the AP last month. The tribe is now potentially eligible for millions of dollars in federal benefits. Its new leaders have been given $1.9 million from the state's Tribal Revenue Sharing Trust Fund, in which tribes with casinos contribute to non-gambling tribes. The tribe says it is using that money to offer members emergency assistance with housing, health care and energy bills. If the tribe opens its proposed casino with 2,000 slot machines, opponents say it could bring in $185 million a year, based on the experience of other tribes. Amador County officials hope Congress will step back into the debate as the Ione Band seeks approval to acquire 208 acres in Plymouth, in the foothills wine country about 40 miles east of Sacramento, on which to build the casino. That would have to come from Interior Secretary Gale Norton and Gov. Arnold Schwarzenegger, whose office has been asked to consider granting the tribe a gambling compact; or the tribe could seek to sidestep those officials with a federal law. The tribe's simmering decade-long dispute has split the rural county's 31,000 residents. County supervisors are asking Congress and the BIA to block the casino plans, and ignore Plymouth city council members who face a May recall election because of their support for the proposed casino. BIA regional officials who double as tribal members "stand to profit substantially" from their own decisions about the casino, wrote county Supervisor Louis Boitano. The BIA's staff, and other members primarily from the disenfranchised Sacramento-area Wilton Band, "took over the Ione Band, they elected new leadership and everything," said Supervisor Mario Biagi, a grape grower whose district includes the proposed casino. "We feel there's a direct conflict of interest there." Congressmen, county supervisors and casino opponents don't dispute there is a decade-long factional dispute over the tribe's leadership. But they say it was caused largely by the regional BIA's actions, compounded and they allege prompted by agency officials like Dutschke with a clear conflict of interest. Dutschke's standing with the tribe dates to a June 1994 letter from yet another BIA colleague to her brother, asserting that "the history of your family and its association with the Ione Band appears to be quite substantial and would certainly justify your inclusion in the reorganization process." The letter asserting Dutschke's involvement with the tribe came three months after the then-assistant Interior Department secretary in charge of the BIA reaffirmed the tribe's federal recognition and identified Nicolas Villa Jr. as chief. Tribal rolls and opposition members say Harold Burris - Dutschke's second cousin, her grandfather's nephew - was once allowed to live on the tribe's 40-acre foothill property near Ione because his sister was married to the tribe's chief, Villa's father, at the time. Burris' legal dispute over ownership of the tribe's land dates to 1988. After the BIA opened the tribe's rolls over Villa's objections in 1996, the band's adult voting membership suddenly jumped from 35 to 535. Subsequent elections replaced Villa first with Burris, then with a niece as the tribe's BIA-recognized leader. All of his relatives were eliminated from leadership posts in the 2002 election. The dispute has since split the Villa family as well, with some relatives siding with Villa as the hereditary leader, others with the BIA-acknowledged leadership. Return toINDEX
Congressman Wolf Calls for BIA Investigation The full content of Congressman Wolf's letter is printed below. Wolf's Appropriations subcommittee oversees the budgets of the Justice Department and FBI, which he said should investigate the apparent conflicts. Congressman's letter requesting Indian Affairs probe Secretary, Department of the Interior Dear Secretary Norton: I was appalled by the enclosed Associated Press article in today's Washington Post about the involvement of the Bureau of Indian Affairs' officials with the membership rolls of the Ione Band of Miwok Indians. I have written the president asking for an immediate investigation. I also have recommended that the application process for all tribes seeking federal recognition be suspended until such an investigation is completed. You are well aware of my concerns about this process. Today's article once again shows how the Indian gambling issue is exploiting Indians and potentially corrupting government officials. It is time that you and your department take action. You should know that I also have written your department's inspector general, Earl Devaney, asking that his office investigate the matter. Sincerely, Frank R. Wolf P.S. This issue can no longer be ignored. The unseemliness of the entire process is contemptible. Return toINDEX
AP Article elaborating on Congressman's Call for BIA Investigation Monday February 23, 2004 SACRAMENTO (AP) A Virginia congressman on Monday asked the Justice and Interior departments and Congress' General Accounting Office to investigate what he called ``shocking'' alleged conflicts of interest by the Sacramento-based regional office of the Bureau of Indian Affairs. ``The unseemliness of the entire process is contemptible,'' Republican U.S. Rep. Frank Wolf wrote in letters to President Bush, Vice President Dick Cheney, Interior Secretary Gale Norton, Interior's inspector general and the GAO's comptroller general urging a halt to any further tribal recognitions by the BIA until the probe's completion. Wolf called it ``a potential scandal'' that officials of the Interior Department's regional BIA office opened the membership roll of the Ione Band of Miwok Indians and authorized a new leadership election when they stood to gain personally from those decisions, as outlined in a story by The Associated Press released over the weekend and published in Monday's Washington Post. The then-acting regional director who approved the election was added to the tribal roll along with 68 relatives, including an uncle and a niece who also work for the BIA. A different BIA official who oversaw the election had three relatives added to the tribe. The tribe's new leadership has been given $1.9 million from the state's Tribal Revenue Sharing Trust Fund, and is pushing hard to build a $100 million, 2,000-slot machine casino in Plymouth, in one of California's fast-growing wine regions, a casino that could bring in an estimated $185 million a year. Wolf's Appropriations subcommittee oversees the budgets of the Justice Department and FBI, which he said should investigate the apparent conflicts. ``I will be raising this in the hearing when the Bureau comes before us, I'll be raising this when the attorney general comes in front of us,'' Wolf said. ``We're not going to let this go.'' Wolf's letters to Attorney General John Ashcroft and FBI Director Robert Mueller also refer to a Sunday Washington Post story on the $45 million that four new gambling tribes paid for lobbying over three years. Justice, Interior and FBI spokesmen said they hadn't seen Wolf's letters and couldn't immediately comment. ``Frank Wolf is a well-respected member. We would look forward to working with him,'' said Interior spokesman Dan DuBray. Wolf is only the most recent congressman to raise questions about the BIA's handling of the Ione band. Four congressmen asked the Interior secretary, inspector general and BIA officials to probe the involvement of regional officials two years ago. Regional officials' actions created ``a perception that certain federal employees of the BIA's Pacific Regional Office may have engineered a coup d'etat against the traditional leadership of this particular Band of Indians,'' wrote U.S. Rep. Nick Rahall of West Virginia, ranking Democrat on the House Resources Committee, in calling then for a federal investigation. ``If this is the case, then all of Indian Country should tremble with fear.'' The inspector general had just completed a review of the BIA's involvement in a dispute involving a different nearby tribe, the Buena Vista Me-Wuks, but said they did not investigate the Ione band. The inspector general's report on alleged influence peddling involving the Buena Vista band has been under review by the FBI for more than a year, with no charges filed. Controversy over the BIA's handling of the Buena Vista band led to the firing of deputy assistant secretary for Indian affairs Wayne Smith. Smith alleged he was fired after he complained that the White House was making ``highly inappropriate'' calls urging him to reverse a decision by the Sacramento regional office handing control of the Buena Vista Me-Wuk tribe to a blood descendant who opposes the tribe's plans for a $150 million casino near Sacramento. The tribal leadership issue is now in a federal court. (Copyright 2004 by The Associated Press. All Rights Reserved.) Return toINDEX
Associated Press reports Probes on BIA have Begun Tuesday, February 24, 2004 (AP) (02-24) 16:51 PST SACRAMENTO, Calif. (AP) Interior Department investigators hope to fly from Washington, D.C., on Wednesday to begin interviews and gathering documents, after The Associated Press disclosed that regional bureau officials padded the membership roll of the Ione Band of Miwok Indians and authorized a new leadership election. As a result, original tribal members have no representatives among the tribe's new leadership, which now is seeking to build a $100 million, 2,000-slot machine casino in Plymouth, in one of California's fast-growing wine regions. The Interior Department's inspector general conducted no significant review of similar allegations raised by four congressmen two years ago. But the office is acting now because of the weekend AP story; a congressman's subsequent call Monday for a renewed probe; and a citizen's complaint, said Steve Hardgrove, director of the program integrity division. U.S. Rep. Frank Wolf said the General Accounting Office told him Tuesday it would open a probe at his request. Wolf, a Virginia Republican whose subcommittee oversees the budgets of the FBI and Justice Department, called Monday for investigations by the inspector general, FBI and GAO. Acting against the wishes of original tribal members, the regional Bureau of Indian Affairs office opened the tribe's membership rolls. The then-acting regional director who approved the tribal election was then added to the tribal roll along with 68 relatives, including an uncle and a niece who also work for the bureau. A different bureau official who oversaw the election had three relatives added to the tribe. Meanwhile, after more than a year, the FBI has assigned a new agent to review allegations of alleged bureau conflicts involving a nearby but unrelated Amador County tribe that also is seeking a casino. The inspector general's office conducted its investigation of the Buena Vista Me-Wuk band about the same time congressmen raised questions about the bureau's involvement with the Ione band, but says completion of that probe has been stalled by the FBI's review. Return toINDEX
Tribal faction claims BIA used unlawful Influence Posted: March 05, 2004 - 1:54pm EST by: James May / Indian Country Today IONE, Calif. - The hereditary leader of the Ione Band of Miwok Indians traveled to Washington, D.C. last week to seek a congressional probe into whether BIA officials in California acted improperly to pad the tribe’s roster with BIA officials and their relatives. The Associated Press and the San Francisco Chronicle report that the Interior Department and the Congressional General Accounting Office announced they were launching investigations into the matter. The hereditary leader, Nicholas Villa and his wife Joan are also implicating a high powered Republican operative in the matter. At the heart of the matter was a decision by the BIA’s Pacific Regional Office to open up tribal membership to 465 people who were unrelated to the 70 original tribal members. Several of the new members were directly related to BIA officials at the Pacific Regional Office. Though there has been no attempt to dis-enroll the original members, as has happened in other similar cases they have been completely shut out from the tribal leadership. Complicating matters is a potentially lucrative gaming deal that was recently signed off on by the government of the small hamlet of Plymouth and has been vociferously opposed by the government of Amador county, where Plymouth sits. The casino is particularly contentious in the dispute because the total tribal members, including BIA officials who oversaw the elections and their relatives, stand to benefit from the project. There have been threats of a recall by Plymouth residents who oppose the casino and threatened action by the Amador County Board of Supervisors who similarly have expressed dismay. Nick and Joan Villa as well as most of the original 70 members of the tribe have also expressed their own opposition to the casino. Apparently it was BIA official Amy Dutschke who approved the elections that saw four of her relatives elected to the tribal council, none of whom were part of the original 70-member tribe. "Basically, what you have here is the local BIA office inserting themselves into the internal operations of a tribe, something that they claim is against their policy," says Joan Villa. "They are making Indian law as they go along," said one source close to the issue who asked not to be identified. Joan Villa claims that Dutschke is actually a member of a defunct nearby tribe at Mt. Aukum, near Fiddletown and does not dispute that they are local Indians but said that they are not members of the Ione Band. The current tribal administration promised a press release that was not delivered before press time and offered no comment on the phone. Tribal chairman Matt Franklin did not return phone calls. However, Franklin said in an Associated Press article that his faction was recognized at the same time the Villa’s faction was, something Joan Villa vehemently denies. The Associated Press article also said Franklin promised to provide documentation to back up this claim but has not done so for several weeks. Similarly Dutschke has steadfastly refused to return calls from Indian Country Today or any other source. The Villas are also claiming that Republican operative Roger Stone has gathered investors for the casino deal. Stone, who has been involved in several Republican campaigns, was described as a "party hatchet man" by one source. Perhaps most notably, he organized several mini-riots at Florida election offices after the disputed 2000 election that used Republican congressional staffers to pretend they were outraged local citizens and disrupt recounts. Stone has also drawn harsh criticism from several Republican leaders including former Senator and presidential candidate Bob Dole. Joan Villa claims that Stone gathered together 25 investors in Minnesota who chipped in $25,000 a piece to back the Ione casino venture. Also, Karen Ernst, an FBI spokeswoman for the Sacramento field office said that they have not officially opened an investigation but added, "It would be fair to characterize it (the situation) to say we are looking into the matter on a preliminary basis." BIA officials in Washington confirm that there is an investigation but will not release comment until their investigator releases a report. Return toINDEX
Franklin faction denies allogations By Don Thompson SACRAMENTO - With two federal agencies exploring alleged conflicts of interest by Bureau of Indian Affairs regional officials, the chair of the Ione Band of Miwok Indians is denying any favorable treatment from BIA officials who stood to benefit from their own actions and membership in the tribe. Matt Franklin, the federally recognized chairman, said he has met with and is cooperating with both the FBI and the Interior Department's inspector general, which, along with Congress' General Accounting Office, are probing the actions of California BIA officials. "I'm confident this will pass with flying colors," Franklin said. Franklin said he waited to respond until two weeks after The Associated Press ran a story on the conflict allegations, and six weeks after the AP began asking for comment, because he had to obtain the tribal council's permission and work through the tribe's newly hired public relations consultant, who then had to make the trip to Sacramento from Long Beach Wednesday. Franklin said that was also the reason for the six-week delay in supplying previously promised documents. He said those tribal and BIA documents show no conflict of interest by BIA officials including then-acting regional director Amy Dutschke. As a result of BIA actions, Dutschke was added to the tribe's membership along with 68 relatives, including an uncle and a niece who also work for the BIA. The tribe now is seeking to build a $100 million casino in Plymouth, gateway to one of California's growing wine regions. Amador County supervisors who oppose the casino are asking Congress to intervene in what they call a clear conflict of interest, while a congressman alleged two years ago, when the long-running dispute first surfaced, that the BIA's actions amounted to a "coup d'etat." "We believe there it's very clear there was no impropriety by Amy Dutschke or the BIA or anyone in the tribe," said Rodney Wilson, president of the tribe's new public relations firm, Pacific Research & Strategies Inc. of Long Beach. "Their policy on recusing yourself is very strong." The tribe could provide no recusal letter from Dutschke, however. Wilson pointed to a previously obtained 1994 letter from Ada Deer, then the Interior Department's assistant secretary for Indian Affairs, acknowledging that the Sacramento office "recognizes that there is a potential for a conflict of interest and Ms. Dutschke has restricted involvement in Ione matters." Neither Dutschke nor BIA employee Carmen Fasio, who signed some of the Ione documents, responded to repeated requests for comment nor to a letter the AP sent to their attention three weeks before the story. The BIA's Washington, D.C., spokeswoman said she couldn't comment because California officials never responded to her repeated inquiries over more than a month. Franklin and Wilson also denied there is any dispute over the tribe's membership or leadership, despite claims by Nicolas Villa, whom the BIA addressed as the tribe's chief before its intervention in the tribe's 30-year factional dispute. They also denied there is any dispute over whether the tribe owns 40 acres in a remote location outside Ione. The land ownership issue is key as the tribe tries to site its casino miles away in Plymouth. Congressmen and county supervisors noted that Dutschke and other BIA officials would benefit from the estimated $185 million a year the casino could generate. Franklin and Wilson contend the officials were part of the tribe all along, along with others who are now considered part of the tribe due to the BIA's intervention: "The idea that they were added later for some sort of personal gain is unfounded," Wilson said. Return toINDEX This page, and all contents, are
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