Two rival factions of California’s Paskenta Band of Nomlaki Indians, who at one time faced off with assault rifles over control of the Rolling Hills Casino have agreed to submit their dispute to the voters in September and abide by the results of that election.
“[T]he best way to handle the dispute is to allow the members of the tribe to determine the tribe’s governing body,” the tribe announced last week.
The virtual civil war began in April, where the faction led by Chairman Andy Freeman moved to remove a third of the tribe’s members, 70 in all, and four members of the council who opposed that action. Vice Chairman David Swearinger, one of the four, leads the other faction.
The $100 million a year revenues produced by the casino allows the tribe to pay each adult member $54,000 annually.
After 12-hour negotiating sessions held for three days under the supervision of a mediator appointed by Judge Kimberly J. Mueller of the U.S. District Court for the Eastern District of California, the tribe reached a settlement that the judge approved of.
Besides the question of having sufficient blood to qualify as a member, Freeman accuses some members of the tribe of fiscal malfeasance, including “hiding” a corporate jet and a few hundred ounces of gold. Freeman alleges that longtime Tribal Economic Development Director John Crosby, formerly of the FBI, misappropriated $1.4 million, spending it on such things as his swimming pool, a jet and the gold. One of the council members kicked out during the April meeting was Treasurer Leslie Lohse, accused of embezzlement.
The intervening three months have been tense, with one faction admitting that it tried cyber attacks on the tribe’s computer network, rival armed security forces and one somewhat iffy “tribal police” force. The tense and potentially bloody situation only cooled off when the County Sheriff’s Department stationed more than half of its deputies between the groups.
Then, last month, Judge Mueller issued preliminary injunction banning firearms within 300 feet of the casino and other tribal facilities. This brought relative tranquility to the reservation.
According to a jointly issued press release, “Both sides agreed that it is in the tribe’s best interest to end the dispute and handle the internal tribal matter through the appropriate tribal government channels. In ending the dispute, the agreement calls for the status quo to be maintained at the tribe’s Rolling Hills Casino Resort in Corning.”
Because tribal blood lines is an issue, the rules state that anyone who was enrolled as of January 1, 1999 will be eligible to vote. That includes all of the 70 members who were dis-enrolled. A third party approved by both sides will supervise the meeting and the election. The restraining order on firearms will continue in place until after the election.
At the same time the factions agreed to allow a CPA firm or forensic auditor agreeable to both sides to go through the tribe’s finances and investigate the claims of misuse of funds.
As it has done since April, the casino continues to operate.
