University of California, Riverside, Supports Native American Higher Education Outreach

Chancellor commits funds over three years to reach out to children, parents and tribes

The University of California, Riverside, has committed to help set up an education and outreach program to shepherd Native American youth onto a path to higher education.

Chancellor Timothy P. White told the Inland-area tribal participants at Tuesday’s Native American Educational Summit that he would commit $70,000 a year for three years to the effort, using non-state discretionary resources. The expectation is for this seed investment to lead to partnerships with many others to create a sustainable and impactful program.

White’s announcement followed a morning of discussion about poor college-going rates among Native American youth and the impediments that interrupted the education of so many of them.

Although tribal members talked about a variety of programs that helped small pockets of youngsters to advance their education, the challenge, White said, remained on how to take a larger step and create a “stay-in-the-game” program that would reach everyone.

It is imperative that every family, child and tribe have access to the information and incentives that they need to navigate a path through the educational system that would prepare them for college, White told the gathering. The information, he said, should be presented in such a way as to engage every sector of the community at their own level.

He called the seed money an antidote to the marginalization of Native American peoples.

Tribe members said that such support from the chancellor was hugely significant.

“This feels like a turning point for all our tribes,” said Theresa Mike, who runs The Theresa Mike Foundation, a scholarship program in memory of her late daughter. Her nephew Darrel is the chair of The Twenty-Nine Palms Band of Mission Indians.

“This will make a real difference,” said Cahuilla/Luiseño tribe member and UCR alumnus Mike Madrigal. “If everyone (at the summit) participates, it will be successful.”

The chancellor’s perception of the obstacles that derail Native American youth from the higher education track was completely on target, Madrigal said.

Summit participants had discussed the fear of leaving the reservation and the need for personalized support systems. They said many youngsters lacked basic skills, and courses that met college eligibility requirements because teachers assumed they were not college material.

Two vital components to addressing those issues were partnerships among culturally competent stakeholders and research on ways to educate youth and create future leaders for tribal communities.

In offering to support efforts to address those issues, the chancellor has issued a challenge to tribe members to reach out to Native American students in a unique way, UCR Costo Professor of Indian American Affairs Clifford E. Trafzer said.

“The chancellor has involved the American Indian community in an engaging way,” he said. “Importantly, he has provided us with the resources to touch the lives of children, parents and tribes interested in furthering American Indian education.”

Members of the Inter-Tribal Education Collaborative will meet to plan a Website that will speak to the several constituencies and age-levels that need to learn about options for higher education, said Josh Gonzales, director of UCR Native American Students Programs. The 50 or so attendees of the summit left feeling that it had been time well-spent, he said.

“The chancellor’s investment provides a great opportunity to cultivate and strengthen the relationships with local Native Nations and Urban Indian programs,” he said. “It shows UCR’s firm commitment towards our Native American community.”

The University of California, Riverside (www.ucr.edu) is a doctoral research university, a living laboratory for groundbreaking exploration of issues critical to Inland Southern California, the state and communities around the world. Reflecting California’s diverse culture, UCR’s enrollment has exceeded 20,500 students. The campus will open a medical school in 2013 and has reached the heart of the Coachella Valley by way of the UCR Palm Desert Center. The campus has an annual statewide economic impact of more than $1 billion. A broadcast studio with fiber cable to the AT&T Hollywood hub is available for live or taped interviews. UCR also has ISDN for radio interviews. To learn more, call (951) UCR-NEWS.

Federal Court Finds Interior Violates Self-Determination Act in Denying Public Safety Funds to Tribes in P.L. 280 States

In a decision from the United States District Court for the Southern District of California, the court ruled that the Bureau of Indian Affairs cannot deny law enforcement funding to tribes just because tribes are located within in a P.L. 280 state (decision only applies to tribes within the Eight Circuit).

From the decision …

As discussed below, the Court finds that Defendants may not decline Plaintiff’s 638 contract for law enforcement funding solely on the basis of Plaintiff’s location in a P.L. 280 state. Defendants’ policy violates the ISDEAA, the APA, and Plaintiff’s right to equal protection of the law. To be clear, the Court is not requiring that Defendants issue the contract or otherwise dictating how Defendants should allocate their funds. Instead, to level the playing field and ensure that Plaintiff’s request receives a fair evaluation, the Court enjoins Defendants from using California’s P.L. 280 status as the sole reason for declining Plaintiff’s contract proposal.

For the reasons discussed above, the Court hereby enjoins Defendants from denying Plaintiff’s 638 contract solely on the basis of California’s status as a P.L. 280 state. The Court finds that Defendants’ unwritten policy of denying law enforcement funding to tribes in P.L. 280 states violates the ISDEAA, the Administrative Procedures Act, and Plaintiff’s right to equal protection of the law. The Court therefore GRANTS in part and DENIES in part Plaintiff’s Motion for Summary Judgment, and GRANTS in part and DENIES in part Defendants’ Cross Motion for Summary Judgment.

Here are the materials in Los Coyotes Band of Cahuilla and Cupeno Indians (S.D. Cal.) (from Turtle Talk):

• DCT Order Granting Los Coyotes Motion
• Los Coyotes Band Motion for Summary J
• Interior Motion for Summary J
• Los Coyotes Reply
• Interior Reply

Governor Brown Establishes Tribal Advisor to Strengthen Communication, Collaboration with California’s Native American Tribes

SACRAMENTO – In order to strengthen communication and collaboration between California state government and Native American Tribes, Governor Edmund G. Brown Jr. today issued an Executive Order establishing the position of Governor’s Tribal Advisor in the Office of the Governor. This position will serve as a direct link between the Governor’s Office and tribal governments on matters including legislation, policy and regulation. Governor Brown signed the Executive Order today while attending the TASIN All California Tribes Meeting at the Sheraton Hotel in Sacramento, CA.

The text of the Executive Order is below:

EXECUTIVE ORDER B-10-11

WHEREAS California is home to many Native American Tribes with whom the State of California has an important relationship, as set forth and affirmed in state and federal law; and

WHEREAS the State of California recognizes and reaffirms the inherent right of these Tribes to exercise sovereign authority over their members and territory; and

WHEREAS the State and the Tribes are better able to adopt and implement mutually-beneficial policies when they cooperate and engage in meaningful consultation; and

WHEREAS the State is committed to strengthening and sustaining effective government-to-government relationships between the State and the Tribes by identifying areas of mutual concern and working to develop partnerships and consensus; and

WHEREAS tribal people, as both citizens of California and their respective sovereign nations, have a shared interest in creating increased opportunities for all California citizens.

NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, by virtue of the power vested in me by the Constitution and the statutes of the State of California, do hereby issue the following orders to become effective immediately:

IT IS ORDERED that the position of Governor’s Tribal Advisor shall exist within the Office of the Governor;

IT IS FURTHER ORDERED that the Governor’s Tribal Advisor shall oversee and implement effective government-to-government consultation between my Administration and Tribes on policies that affect California tribal communities, and shall:

• Serve as a direct link between the Tribes and the Governor of the State of California.
• Facilitate communication and consultations between the Tribes, the Office of the Governor, state agencies, and agency tribal liaisons.
• Review state legislation and regulations affecting Tribes and make recommendations on these proposals.

IT IS FUTHER ORDERED that the Office of the Governor shall meet regularly with the elected officials of California Indian Tribes to discuss state policies that may affect tribal communities.

IT IS FURTHER ORDERED that it is the policy of this Administration that every state agency and department subject to my executive control shall encourage communication and consultation with California Indian Tribes. Agencies and departments shall permit elected officials and other representatives of tribal governments to provide meaningful input into the development of legislation, regulations, rules, and policies on matters that may affect tribal communities.

For purposes of this Order, the terms “Tribe,” “California Indian Tribe”, and “tribal” include all Federally Recognized Tribes and other California Native Americans.

This Executive Order is not intended to create, and does not create, any rights or benefits, whether substantive or procedural, or enforceable at law or in equity, against the State of California or its agencies, departments, entities, officers, employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Order shall be filed with the Office of the Secretary of State and that it be given widespread publicity and notice.

IN WITNESS WHEREOF I have hereunto set my
hand and caused the Great Seal of the State of California to be affixed this 19th day of September 2011.

4th Annual California Tribal Courts Conference

CILS 4th Annual California Tribal Courts Conference
May 19th, 20th & 21st
Rolling Hills Casino – 2655 Barham Ave. – Corning, CA

Registration fee: Regular Rate $130, Student Rate $55
Click here for a Conference Agenda in PDF format.
Register online for a $20 discount here.
Mail-in registration deadline is: May 7, 2010.
Vendors: Click here for a mail-in vendor form. Note: Vendor deadline is: April 26, 2010.
For more information, please call Karen Graham at (916) 978-9060 x 300

Call for Presentations – 12th National Indian Nations Conference

12^th National Indian Nations Conference: Justice for Victims of Crime
“Walking in Harmony: Honoring Victim Voices to Achieve Safety, Justice, and Healing”

 December 9-11, 2010
Renaissance Palm Springs Hotel, Palms Springs, California
Pre-Conference Institutes will be held on December 8, 2010 

CALL FOR PRESENTATIONS

Workshop Submission for the 12^th National Indian Nations Conference is Open!

 Online Workshop Submission please visit http://ovcinc.org/cp.aspx

  12^th National Indian Nations Conference Goals:

• Honoring and Listening to Victim/Survivor Voices
• Promoting Safety, Justice, and Healing
• Promoting Traditional Values and Incorporating Traditional Skills in Crime Victim Services
• Supporting and Educating Tribal Leaders
• Honoring Wisdom of the Past
• Working in Harmony
• Sustaining our Legacy
• Healing the Elders

Save the Date   12th National Indian Nations Conference     Justice for Victims of Crime     December 9-11, 2010 Agua Caliente Reservation Palm Springs, California This national conference will provide opportunities for education, skills building, and strategies on a wide variety of important issues pertaining to victimization in tribal communities. Questions: Tribal Law & Policy Institute 8235 Santa Monica Blvd., Suite 211 West Hollywood, CA 90046 conference@tlpi.org Pre-Conference Institutes will be held on December 8, 2010. Registration Packets will be available mid 2010. Visit the previous 11th National Indian Nations Conference Website       Funded by the Office for Victims of Crime (OVC), Office of Justice Programs, U.S. Department of Justice.

Chief Judge – Quechan Tribal Court

JOB TITLE:             Chief Judge, Quechan Tribal Court
SALARY:                 $60,000 – $65,000 per year
SUPERVISION:       Quechan Tribal Council
TERM:                    Three (3) year appointment.
OPENING DATE:     November 30, 2009
CLOSING DATE:     Open Until Filled – First Review December 18, 2009 

QUALIFICATIONS

• Twenty-five years of age or older
• Minimum of two years’ of college-level courses a four‑year degree is preferred but work experience as a court employee, particularly in a tribal court system, can be substituted for education (one calendar year work experience = one school-year education experience)
• Must be of good moral character and integrity with no felony convictions and no misdemeanor convictions within one year.
• Proficient in reading, analyzing and applying case and statutory law to the facts of a case. 
• Must be capable of preparing papers and reports incidental to the office of judge and demonstrate knowledge of and ability to interpret, the Quechan Law and Order Code.
• Must have a good understanding of tribal, federal and state law and court procedure in criminal and civil proceedings and must be particularly knowledgeable about federal Indian law and the rights of Indians and Indian tribes. 

MINIMUM QUALIFICATIONS

An enrolled member of any tribe, or

• The parent, child, or spouse of an enrolled member of the Quechan Tribe, or
• Domiciled within the Fort Yuma Indian Reservation, or
• An Attorney

DUTIES

The duties of the Chief Judge include, but are not limited to, the following:

• Conducting court sessions in civil and criminal cases.
• Efficient management of the Tribal Court systems docket so that all cases are heard in a timely and just manner.
• Supervision and training of court personnel and the establishment of court rules and administrative procedures to aid in the efficient administration of the Tribal Court system.
• Attending regional and national training for tribal court judges and other judicial training programs.
• Overall administration of the Quechan Tribal Court system.

SKILLS

The required skills of the Chief Judge include, but are not limited to the following:

• Arbitrating disputes, advising counsel, litigants and juries of applicable law and court procedures.
• Understanding, interpreting and applying tribal law, and if and when applicable or persuasive, in the absence of applicable tribal law, federal or state law.
• Understanding pleadings, application of rules of evidence, the judicial process, including   but not limited to, before, during and after trial, and preliminary proceedings.
• Writing judicial opinions or orally explaining judicial opinions to litigants from the bench.
• The ability to work with other professionals, including, but not limited to, attorneys, social workers, psychologists, police officers, judges from other courts, court personnel, and other representatives of the court and governments of other Indian tribes, the State of Arizona and other states and the United States.
• Prepare written reports to the Tribal Council and for the Bureau of Indian Affairs (BIA).

FOR MORE INFORMATION AND TO APPLY:

Submit a letter of interest, resume and a legal writing sample and three letters of reference to: 

Quechan Indian Tribe
Human Resource Department
350 Picacho Road, Winterhaven, CA 92283
Telephone: (760) 572-0213  

Mailing Address:
Quechan Indian Tribe
Human Resource Department
P. O. Box 1899, Yuma, AZ 85366
Fax: (760) 572-0515

(All resumes must be accompanied by a Tribal Application)

All offers of employment are conditional on the successful completion of a drug test and background investigation.  Preference in filling vacancies is given to qualified Indian Candidates in accordance with the Indian Preference Act (Title 25, U.S. Code, Sections 472 & 473).  Applicants claiming Native American Preference must present valid evidence of Tribal Affiliation.  In other than the above, the Quechan Tribe is an Equal Opportunity Employer.  The Quechan Tribe adheres to the Drug-Free Workplace Act of 1988.

San Manuel celebrates opening of Tribal Court

Thursday, October 29, 2009 7:34 PM CDT

The San Manuel Band of Serrano Mission Indians commemorated the opening of the new San Manuel Tribal Court Friday, Oct. 23. The grand opening event marked an important milestone in the tribe’s exercise of its sovereign authorities as a government and was attended by 100 guests from regional tribal and state courts, law enforcement, and public office. “This is a historic day for the Tribe as we constitute the first formal court system on the reservation,” said Chairman James Ramos. “Today we affirm our commitment to invest in the capacity of our government to serve its people.” The court is comprised of a Trial Court and an Appellate Court, and the event included the first pubic swearing-in ceremony of the Chief Judge and the swearing-in of three Appellate Judges and a Judge Pro Tem.

San Manuel’s trial court will include Chief Judge Joanne Willis Newton and Judge Pro Tem Anthony Lee. Judge Willis Newton is a member of the Cree Nation of Chisasibi, located in northern Quebec, Canada. She worked for several years in the field of Aboriginal law in Canada before starting to practice Indian law in California more than 10 years ago. Judge Lee is a member of the St. Regis Mohawk Tribe of New York and is the tribal attorney for the White Mountain Apache tribe of Arizona. He also sits as an appellate judge for the Southwest Intertribal Court of Appeals. San Manuel’s appellate court judges are: Michael Taylor, Jonodev Chauduri, Deborah DuBray and Job Serebrov.

All of the Tribal Court’s judges have significant experience in the fields of federal Indian law and tribal law and are licensed to practice in various jurisdictions across the country and Canada. “It is a great honor to be a part of this event and the Tribe’s development as a government,” said Chief Judge Willis Newton. “I look forward to the opportunity to serve the San Manuel community and to working with such an accomplished team of colleagues.” The Court provides an important dispute resolution forum for tribal citizens and other persons who come within the tribe’s jurisdiction. The court exercises general civil jurisdiction over tribal citizens and persons who have consented to tribal jurisdiction, either expressly or implicitly by entering the San Manuel Reservation or engaging in contractual relations with the tribe.

Chairman Ramos said before getting its own court, members of the band dealt out tribal justice and enforced San Manuel ordinances. Members of the tribe are also under jurisdiction of federal and California state laws when it comes to criminal violations, and Ramos said two members were fined heavily and banned from the reservation for criminal activity. That’s the most serious penalty the tribe can impose.

Landmark California Native American Adoption Bill Becomes Law

(October 13, 2009) – After two years of efforts at the State Capitol, Assemblyman Paul Cook (R-Yucca Valley) was proud to announce the passage of his Assembly Bill 1325, which will create an alternative “Customary Adoption” process for Native American children. AB 1325 provides an alternative to the conventional method of adoption by adding the option of Customary Adoption. Customary Adoption is defined as “a traditional tribal practice recognized by the community which gives a child a permanent parent-child relationship with someone other than the child’s birth parent.” AB 1325 was initiated and sponsored by the Soboba Band of Luiseno Indians, located in Riverside County, and gained the support of over 50 California Tribes. Assembly member Jim Beall, Jr. (D-San Jose) was a joint author on the measure as well.

Also signed into law was AB 770, the Indian Tribes Foster Care and Adoptions Program, which makes it the policy of the state of California to maximize the opportunities for Indian tribes to operate foster care programs for Indian children pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, and requires the Department of Social Services to modify the state foster care plan to that end.