Post by Okwes on Dec 28, 2005 22:30:01 GMT -5
Yurok Tribe makes case for HCAOG seat
by Nathan Rushton, 12/23/2005
Representation on the Humboldt County Association of Government’s board
of directors isn’t just a Hoopa Valley Tribe issue, according to a
recent media alert from the Yurok Tribe.
Following on the heels of last week’s failed attempts by the Hoopa
Valley Tribe to gain a representative seat on HCAOG’s board of
directors, the Yurok Tribe is coming forward to weigh in on the issue.
At a special meeting Monday, HCAOG board members deadlocked in a vote of
4-4 to allow the Hoopa Valley Tribe a representative seat on the board.
“The Yurok Tribe considers this an opportune time to put forward our
views on the question of tribal eligibility for board-level
representation with the HCAOG,” the news release stated.
But representation on the HCAOG board isn’t just a Hoopa, Yurok or
Native American tribal issue, but rather a matter for citizens of
Humboldt County, according to Yurok officials.
HCAOG legal counsel David Tranberg said it isn’t as easy as just having
a vote by board members to decide whether to allow the tribes a seat on
the board of directors.
Representation comes down to a matter of state law, which states that
groups cannot participate because they don’t fit the definition of a
public agency, Tranberg said.
According to the Yurok news release, the state Legislature made a
“critical change” in 1990 to the California Code Section 6500 that
altered the wording of the statute from “includes” to read, “includes,
but is not limited to …”
“In our view, this modified the intent of the statute from being
exclusionary in its specific listing of entities deemed to be public
agencies to being inclusive,” the news release stated.
Tranberg said it has been HCAOG’s legal opinion that for the tribes to
be recognized as public agencies, they would have to have legislation
drafted recognizing them as such.
Frustration by the groups for not being given a seat should be expressed
to the appropriate agency, Tranberg said.
“They should be directing that at the state Legislature,” he said.
An aide to First District Assemblywoman Patty Berg confirmed that a
legal analysis of the legislation issue is being investigated by Berg’s
office.
When the Hoopa Valley Tribe originally applied for a seat on the HCAOG
board, California Government Code Section 6500 contained specific
language as to what exactly could be considered a public agency for
purposes of entering into a joint powers agency like HCAOG, which
requires its members to be recognized as public agencies.
In the 1980s, the area’s legislative representative authored and passed
legislation that changed the code which specifically provided the Hoopa
Valley Tribe with public agency status.
Efforts to gain representation on HCAOG’s board by the Yurok, the
largest tribe in the state, were made in 2000 and again in 2005 — then
again at last week’s special HCAOG meeting.
Rob Bohrer, a legal representative for the Yurok Tribe, doesn’t agree
with Tranberg’s legal opinion, but said the tribe wants to work
cooperatively with HCAOG to arrive at a solution.
Having to “spot legislate” for each of the tribes to gain public agency
status would be burdensome, Bohrer said.
Because the Yurok Tribe provides numerous services, including education,
child welfare advocacy and other social services programs, forestry,
fishery, watershed and environmental departments, as well as maintaining
and operating eight separate water districts, the tribe says it does
fall squarely into the “public agency” category.
Letters requesting representation on the board have also been received
by HCAOG from the Karuk Tribe and the Blue Lake and Trinidad rancherias.
In its May letter to HCAOG, the Karuk Tribe stated they are “very
concerned” that the tribe’s area is not being represented.
Because of that remoteness, the tribe has unique transportation needs,
the letter stated.
Copyright (C) 2005, The Eureka Reporter. All rights reserved
by Nathan Rushton, 12/23/2005
Representation on the Humboldt County Association of Government’s board
of directors isn’t just a Hoopa Valley Tribe issue, according to a
recent media alert from the Yurok Tribe.
Following on the heels of last week’s failed attempts by the Hoopa
Valley Tribe to gain a representative seat on HCAOG’s board of
directors, the Yurok Tribe is coming forward to weigh in on the issue.
At a special meeting Monday, HCAOG board members deadlocked in a vote of
4-4 to allow the Hoopa Valley Tribe a representative seat on the board.
“The Yurok Tribe considers this an opportune time to put forward our
views on the question of tribal eligibility for board-level
representation with the HCAOG,” the news release stated.
But representation on the HCAOG board isn’t just a Hoopa, Yurok or
Native American tribal issue, but rather a matter for citizens of
Humboldt County, according to Yurok officials.
HCAOG legal counsel David Tranberg said it isn’t as easy as just having
a vote by board members to decide whether to allow the tribes a seat on
the board of directors.
Representation comes down to a matter of state law, which states that
groups cannot participate because they don’t fit the definition of a
public agency, Tranberg said.
According to the Yurok news release, the state Legislature made a
“critical change” in 1990 to the California Code Section 6500 that
altered the wording of the statute from “includes” to read, “includes,
but is not limited to …”
“In our view, this modified the intent of the statute from being
exclusionary in its specific listing of entities deemed to be public
agencies to being inclusive,” the news release stated.
Tranberg said it has been HCAOG’s legal opinion that for the tribes to
be recognized as public agencies, they would have to have legislation
drafted recognizing them as such.
Frustration by the groups for not being given a seat should be expressed
to the appropriate agency, Tranberg said.
“They should be directing that at the state Legislature,” he said.
An aide to First District Assemblywoman Patty Berg confirmed that a
legal analysis of the legislation issue is being investigated by Berg’s
office.
When the Hoopa Valley Tribe originally applied for a seat on the HCAOG
board, California Government Code Section 6500 contained specific
language as to what exactly could be considered a public agency for
purposes of entering into a joint powers agency like HCAOG, which
requires its members to be recognized as public agencies.
In the 1980s, the area’s legislative representative authored and passed
legislation that changed the code which specifically provided the Hoopa
Valley Tribe with public agency status.
Efforts to gain representation on HCAOG’s board by the Yurok, the
largest tribe in the state, were made in 2000 and again in 2005 — then
again at last week’s special HCAOG meeting.
Rob Bohrer, a legal representative for the Yurok Tribe, doesn’t agree
with Tranberg’s legal opinion, but said the tribe wants to work
cooperatively with HCAOG to arrive at a solution.
Having to “spot legislate” for each of the tribes to gain public agency
status would be burdensome, Bohrer said.
Because the Yurok Tribe provides numerous services, including education,
child welfare advocacy and other social services programs, forestry,
fishery, watershed and environmental departments, as well as maintaining
and operating eight separate water districts, the tribe says it does
fall squarely into the “public agency” category.
Letters requesting representation on the board have also been received
by HCAOG from the Karuk Tribe and the Blue Lake and Trinidad rancherias.
In its May letter to HCAOG, the Karuk Tribe stated they are “very
concerned” that the tribe’s area is not being represented.
Because of that remoteness, the tribe has unique transportation needs,
the letter stated.
Copyright (C) 2005, The Eureka Reporter. All rights reserved