The Local Crank

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Location: Cleburne, Texas, United States

Just a simple Cherokee trial lawyer, Barkman has been forcing his opinions on others in print since, for reasons that passeth understanding, he was an unsuccessful candidate for state representative in 2002. His philosophy: "If people had wanted me to be nice, they should've voted for me."

Wednesday, February 06, 2008

Righting a Wrong

Washington State, which gave birth to the Oliphant decision giving non-Indians extra-territoriality to commit crimes in Indian Country without fear of arrest or prosecution by tribal authorities, now proposes to at least partially correct that error by giving the Tulalip Tribe concurrent jurisdiction over crimes commited by non-Indians on Indian land.

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7 Comments:

Anonymous stacyleeds said...

I wish this would fly, but it's doubtful. It would be construed as a delegation of authority from the state (which runs afoul of federalism).

2/07/2008 10:47 PM  
Blogger The Local Crank said...

Really? It was my understanding that this only involved law enforcement, not courts. How do they do these arrangements in Oklahoma?
Of course, if isn't allowed, that would be ironic giving the Federal court rulings on land claims in New York. State action that helps Indians = wrong; state action that robs Indians = okay if you get away with it long enough.

2/08/2008 12:50 AM  
Anonymous stacyleeds said...

I just read your post, not the full story. I thought you were saying that Washington State was attempting to give the tribe "concurrent jurisdiction" over non-Indians. If it's just a cross-deputization agreement, no problem. If it's the tribe actually exercising criminal jurisdiction, that's a whle different thing.

2/08/2008 6:38 PM  
Blogger The Local Crank said...

No, sorry, my fault. I should've made that more clear. It's a cross-deputization thing.

2/08/2008 11:27 PM  
Blogger The Local Crank said...

This comment has been removed by the author.

2/08/2008 11:28 PM  
Anonymous Anonymous said...

ISSUE PAPER

Tribal Member Opposed: EHB 2476

DATE: 24 FEB 2008

FROM: Miss Ronni KameKona (Tribal name: Ronni Kona (TO 584), Post Office Box 175, Everett WA 98206-0175, Email: missronnikamekona@hotmail.com, Phone: 360.659.4416 (VM) 503.856.8548

SUBJECT: EHB 2476 - Authorizing tribal police officers to act as general authority Washington state peace officers.

I am a Tulalip Tribal Member, an Honorable Discharge from RA Headquarters Detachment USAEUR, and Criminal Justice Department employee with the (TDCJ), Texas Department of Criminal Justice. I requested “separation” form TDCJ to attend the Criminal Justice Department program located at Everett Community College and am nearing the end of this program. While separated I am not an active employee. My family has lived on my reservation for over several hundred years that we know of, long before it became the “Tulalip Indian Reservation,” and I am a direct descendant of the aboriginal landlords of this region. My great grandmother and her sister are the two women that my tribe “basis” the current “Indian Language” program on. My father arranged for her to be interviewed and recorded through a college program back in the 1960’s through to her eventual passing in 1968, she is Elizabeth (Lizzy) Krise. I am ¼ Hawai’ian, and ¼ Tulalip Indian and ½ German. My father has been a member of the board of directors on and off most of my adult life. I am speaking on behalf of my family and speaking on behalf of the “over” 188 people who have been contending with Tribal Corruption to the point they voted “yes” to our Internal Affairs resolution through the General Council vote.

Issues:

1.) Misinformation: Representative John McCoy (D) 38th District—Tulalip, spoke at the Senate Judiciary Committee about one (1) experience with the County “911” system after which he claimed that “non-tribal homes” (at Tulalip), had their phones “mapped” and that “911” calls placed from these numbers were automatically routed to the Snohomish County dispatch. Further he said that tribal member homes were mapped and calls from these numbers were routed to tribal police dispatch. And he said: “So when we dial 911, it goes to the appropriate agency.” This is not accurate; instead, we as tribal members dial the “direct” telephone number of the Tulalip Police department, a 10 digit number 360.651.4608, as we would call to speak with any other person we dial on a domestic level. There was no “mapping” and this seems a form of “embellishment” to appear “more than” we are out here.

The call destination of my 911 location is: SNOPAC. The 911 call from any “tribal’ dwelling does “NOT” go directly to “Tulalip Tribal Police department,” as McCoy stated. Instead, we have our own ‘direct’ line telephone number: 360.651.4608 and out of ‘courtesy’ when SNOPAC receives “911” (tribal)-calls pertaining to Tulalip emergency issues, they sift through what they hear from the caller, and determine what course of action needs to unfold. If we call 911 and it is any sort of issue involving only Tribal people, we are instructed to call the tribal police number: 360.651.4608 (or) the call is placed for them on their behalf, depending upon the specific situation. It is a case by case matter. To not mention this information “accurately;” as I have done so today—I feel is totally misleading. Further, the entire communication on the “911 topic is irrelevant and inaccurate toward the scope EHB 2476 in any case.

2.) Uncooperative Tribal Police personnel: There is already an “agreement” in place with the Snohomish county Sheriff that is effective and that the Tulalip Tribal Police, (a specific cluster of them), are negligent in their duties to use. This “in place” agreement, policy and procedure “is” and “has been” used by the Sheriff on a regular basis and without a problem. There are a cluster of Tribal employees (police and detectives) who have proven to be uncooperative with the “in place” process. [Example involving Detective Santos “attached”]. Representative McCoy’s entire story and example, is to convey a need for Tulalip Police to “gain more power and authority” than they have currently. Instead, it is truer than not, the Sheriff’s Deputies and employees DO follow policy and procedure and do a fine job. With simple investigative inquiry this can be substantiated. Further it is true, that the Sheriff’s office does perform their duties within the scope of their authority for all non-tribal persons “living inside my reservation territory,” the Sheriff does indeed work with the Tulalip police when the situation requires it of them. The Sheriff is fully capable of handling their calls within the margin of their laws without violating the rights of Tulalip Indians and they have done so with no negative issues during the entire time the Tulalip police department has been in existence. There is no evidence to the contrary.

BACKGROUND: When Tulalip Tribal police arrive on a scene with both non-tribal persons mixed with tribal persons, the procedure to follow is a “very simple” process by which the Tribal police, must get on their lapel-microphone, or other means of communication and dispatch through 911[SNOPAC], to North Precinct (Snohomish County Sheriff). At all times; when Snohomish County Sheriff’s are called, they “do” respond. On 24 February 2008, I dialed 911, at around 14:09 hours, I spoke with the 911 SNOPAC “emergency line dispatcher” {a male individual} who in turn explained that I needed to “tell him the nature of my phone call.” On my end—I asked for the North Princint knowing that they cover my dwelling site (for non-tribal persons). Within seconds, a Snohomish County Sheriff employee returned my call. When “anyone” calls 911, the procedure boils down to two outcomes: one outcome is for the “non-tribal” individuals, and at the time of the initial call, SNOPAC or the actual (Deputy) Sheriff determine the level of involvement they will employ. The other outcome would be the procedure followed for the tribal individuals who call in about “tribal on tribal crime.”

CONSEQUENCE: To approve a “Bill” which enhances the authority of my current tribal police and their authoritative supervisory three person “services committee,” serving as Board members, is based “partially” on irrelevant and incorrect, testimony provided by those specific “supporters” of the Bill. To approve this “Bill” would further be lax, and irresponsible without first verifying the “accuracy” of the testimony offered.

RECOMMENDATION:

DO NOT APPROVE BILL (EHB 2476)

1.) Allow a specific measure of time for those of us who “oppose” the Bill to refute the current testimony, on this “issue” and numerous other issues that were put before you couched inside this Bill.

2.) Become more fully informed before you pass this Bill, of the MANY problems we face here at Tulalip with the existing tribal police force. It would be a mistake to allow the existing tribal police force to “gain” extra legal muscle—especially when the existing corruption within the police force out here has not been addressed.

3.) Further, insist the Tulalip Tribes supply you a report which proves the Tulalip Tribal Police “first responders,” called the Snohomish County Sheriff to the scene, each time there were “known” non-tribal person(s) present during all calls involving people in possession of: Stolen Items (federal, state and domestic stolen items), narcotics (especially but not included; Meth), paraphernalia of every sort, and other sorts of “crimes in progress” situations and circumstances. It behooves you to “match the information in this report offered to you from the Tulalip Tribal Police department with the 911 (or non-emergency line) calls to the Sheriff’s department on that end. Fulfilling this recommendation item will prove that there is a sturdy correlation between the “problems” we have out here at Tulalip involving my tribe becoming a “host site” for every sort of corrupt criminal dweller(s) in our green-belts and shacks and so forth; as presented by the tribal police chiefs in the hearing. Again, it is my feeling; and one that can be easily proved/or/disproved, by demanding the Tribal Police department, provide this sort of a report. It is true that the non-tribal criminal presence is the direct result of several Tulalip Tribal officers and a few Tulalip Tribal detectives abuse of the law. These Tribal personnel have engaged in abuse of the law, on a number of levels. The failure to notify the Sheriff on a number of occasions so the Sheriff can come into a state of awareness that they need to be “on site” and take into custody those (non-tribal) criminals is a classic example of Tulalip Tribal employees (who do this), and their non-compliance with in place agreements. I have witnessed this going on “first hand” between the years of 2004 through 2008. This sent the message to the criminals they have a host-site where-in-which they can commit crimes at random both “on and off” my Indian Reservation, and will not be confronted by their authoritative agency; for non-tribal people on my reservation—this is the Snohomish County Sheriff’s office. I recommend you become “fully” informed behind the current Corruption at my Tribal leadership level, and learn about the corruption that has been unfolding within the Tulalip Tribal Police department; (pre-Scott Smith)—whom, “and I say again,” just took office—and whom is not fully informed his own self.

Therefore; I recommend the bill be disapproved, but instead, some new demand be put on The Tulalip Tribal police employees who are first responders to spend a few years implementing the process which requires of them to: “Call the Sheriff to the scene” where all “non-tribal” individuals are present and possibly involved in “crimes” in progress. The Sheriff obviously will not show up, when no tribal police individual “contacts” the Sheriff to do so as the first responder. Unless the Sheriff has some psychic department they cannot know to be present without first being called through SNOPAC. Pure and simple. There is no NEED to cross deputize Tribal police, instead, the greatest need is to clean up the existing Tribal corruption, and a good start in that direction is to demand the Tulalip Tribal police personnel to notify the Sheriff with “all” cross involvement of NON-tribal and Tribal persons involved in possible criminal conduct. This HAS NOT come to pass on a number of occasions and during the window of time from between 2004 and now. Our problem at Tulalip, among many other problems here, is zero accountability for the harm specific employees at the board level, and further at the level of the Tulalip Tribal police, have manifested under Goss’s Tribal Police leadership and although he has resigned, and many of us are happy he did, because there has been no “fair and just” complaint process in place for the victims of this corruption within my Tribal Body, the ramifications of these problems are still unfolding today. To give greater authority is not only dangerous, at this time, but would further erode what little is left of our judiciary integrity. With the Washington State criminal justice budget already strapped, and also on the Snohomish County level, it is good strategy to avoid involvement with any TRIBE in the state of Washington that cannot adequately support judiciary integrity.

Two Step Complaint Process

Step 1: My Tulalip Tribal Police station has had all along and even now; “A Circular,” two step complaint process to report wrongful conduct against police officers out here. By example, I endeavored to report Detective Santos, a Tulalip Tribal Employee, for a variety of different forms of wrongful conduct during the course of a specific case, to include but not limited to: Falsifying a Police report. During my experience of bringing this employee to justice I found myself stuck with my first option: To go to the Tulalip Tribal Police and report the offense. I did. I did and was referred by Goss to speak with the Detective I was reporting: Detective Santos. I found this was not an “effective” method. I soon realized this explained why under Goss’s leadership there is such a “wonderful track record” of few Tulalip Tribal Police employees being brought up on charges to be investigated, and further it supports the problem reported to me by people living in fear that they were “plucked” to be scapegoats to build the appearance of an active complaint process and themselves falsely charged based upon “false” reports. The “clean” and “honest” Tribal Police person of integrity that was chosen to fill this scapegoat mission himself had no where to turn either but the same two step process I confronted to defend his dignity and integrity.


Step 2: The next course of action I could take in this two step process was to report to the Services Committee which consists of a three person panel; “all three” are simultaneously serving as well on the: Board of Directors. [A serious conflict of interest] but, I filled out the proper “visit the board” form, in this case on or about the board meeting of 24July2007. (Same board person’s still at those board seats now). I handed it in, and on or about the 24th of July 2007, I attended the Board meeting to report the same problem that I reported in step one (1). I hoped to confront the other issues as well. I was ordered by Board Chairman: Melvin Sheldon, to “remain off record” against my demand to “go on record,” and I demanded to go “on record” numerous times during the episode. Each time I was refused, and finally Melvin ordered me to present my case “off record; or not at all.” I; therefore, did present part of the problem, and with the topic start of “Santos” falsifying police reports. At which time “all the board members,” one by one, from my far most right—yielded the floor, to their neighbor at their right…. All the way down to the last board member whom was sitting to the most left of the seats they held facing me, as I viewed them, and this man was: Tulalip Tribal Police employee, an unqualified, and untrained and from what I understand: uncertified “pistol carrying,” Tulalip Tribal police person Marlin Fryeburg. They said they yielded the floor to him to “address my concerns” because he was the only one “serving on the board of directors with any police experience. I waited for him to speak. He introduced himself to me, and explained he had “appointed himself with the board’s approval to be the “acting Chief of Police” because Goss’s retirement party was at hand, and that I had to speak with him in that capacity. I spoke again about the false report that Santos wrote and a fast reply came back culminating in Marlin letting me know he thought I was having an emotional time and in a couple weeks I will feel better. Melvin Sheldon chimed in and told me he felt my faith in the Tulalip Tribal Police department seemed to be shattered and suggested firmly that I “join some volunteer committees to restore my faith in the wonderful police department” he thinks we have. I firmly demanded that the “case number” in which false charges by Santos were lodged be read into my Tribal Record for correction “at least” and after a brief chat with “legal council” Melvin agreed to allow for that, I brought my investigation binder up, handed it to him, he looked at it, he read the numbers into the record with the correction I demanded be made on one small point “at least.” After that, I was dismissed. I left. I found this was not an “effective” method.

Internal Affairs Unit: I decided this two fold method was worthless. Therefore, I went to the coordinator of the Criminal Justice Department (EvCC) and a few college Professors (Criminal Justice Employees at EvCC) for input and advice on an “academic” level “in passing” and they suggested it might be a good idea to learn about establishing an Internal Affairs. This was the onset of my efforts to spearhead the movement forward to do just that. I spoke with a former Board Member with over 12 years Board experience and he joined with another of our tribal members with experience in leadership and Security, and very literally begged him to help solve this well known tribal problem by establishing an Internal Affairs process that might put an end to this corrupt process we have contended with the full six (6) or so years that the Tulalip Tribal police department has been at my Tribe. Soon, these two men developed a properly formatted Resolution for this venue, and spoke with a few hundred of my Tribal General Council, received feedback about the Resolution and they made modifications that met the approval of our General Council. This Resolution was submitted by us to the Tribal Paper so that it would go out in a mailing plenty of time before 20 October 2007; General Council meeting providing plenty of time for many more tribal people to read and take time to talk about it together. This happened. When the vote came about, 20 October 07 we, “our Tulalip Tribal General Council” won. During the “win” Melvin Sheldon and Marlin Fryeburg at the board level disapproved the resolution. The best way for you to see what happened is to take the time; “before you consider passing this Bill of yours,” to insist the Tulalip Tribal Board of Directors; (Services Committee) that oversees the Tulalip Tribal Police, to present a copy of this 20 October 2007 (recorded) gathering. I would be excited for you to hear the “resistance” against our Resolution from the Board exactly as it happened. You will find strong “opposition” to our General Council demand for an Internal Affairs and might be fully convinced after you examine what Marlin Fryeburg & Tony Hatch (Two Board of Director members {then and now}) had to say, that it would be best to avoid passing the Bill in question for the next decade. After you receive the copy of this General Council vote time, you will hear the voice of my people as spoken over the microphone, and find out that many of my people have found this two-step process to be worthless on even the most superficial and basic levels to investigate complaints of police employee misconduct.

Evidence of current-Board Incompetence: On October 20, 2007 at the Semi-Annual General Council meeting, the Tulalip Indian People voted affirmatively to create a Police Commission within 30 days of the vote being ratified by the Board of Directors. Over 120 days have no expired with no evidence the Current Board complied. We refused to accept this non-compliance with the wishes of the Tulalip Indian General Council. We recently met with the Board of Directors to request that they hold an election of the Police Commissioners and asked for a public response to our request. We requested this in front of the Judges and Attorney’s representing our Tulalip Indian people in judicial matters. Present to “witness” our verbal and written confrontation to the Board: Tulalip Tribal Judges: Honorable Judge Bass and Honorable Judge Poly, Ron J. Whitner, (Judge) and Assistant Professor, Assistant Director of Native American Law Center at the UW School of Law, Seattle, The Executive Director of the Northwest Intertribal Court System, Dan Kamkoff, various other police personnel, Mike Taylor (Tribal Attorney and his staff), the Court staff {to name a few professionals present who can witness the validity of my testimony on this topic}. To date, my current Tribal Board of Directors has not responded to our General Council motion. By Tulalip Tribal Constitution this current board is “compelled” by their oath of office as our Board of Directors to comply with our Tribal constitution and this requires this Board to comply with our General Council motions as we pass them on the General Council floor. To date (26FEB08) there is evidence this current Board of Directors is violating their oath of office to provide remedy to the General Council Mandate and hold an election of the three (3) person Police Commissioners per General Council directive and I must encourage you to not only scour my testimony for its validity but to insist upon changes within the Tulalip Tribal Police procedure for filing complaints. We already determined the current two step method; was not an “effective” method, was not effective as a tribal body and officially developed a method that we “HOPE” becomes a viable method for identifying areas of police misconduct, monitoring police relations with the public and identifying the need for new or revised policies or improved training as they arise. At present, not only are those employee performance procedures not in existence today, but if things go on as they are now there may well not be for some time to come.

I urge you to consider this issue paper within the spirit of Justice and toward the goal of insisting the Tulalip Tribes of Washington state police department proves “departmental integrity” exists before you pass this or any future bills. Further, I strongly urge you to insist upon this same Tribal Police department rectifying the shattered relationship between the general public currently and the Tulalip Tribal Police department by expecting them to establish an effective community policing interaction between tribal and non-tribal inhabitants of my Indian Reservation. Consider my passionate plea to apply unfavorable consideration to the Tulalip Tribal Police department to have any greater legal authority than has already been bestowed to date, and further in the future please hear from “not only my tribal council” but from all Tribal Council’s in the State of Washington before you enact a Bill that carries serious ramifications leading to further eroding the Criminal Justice Budget on many levels for your American Citizens by leaving yourself open to frivolous and justified lawsuits as strong ramifications behind approving this or any Bill without first being fully informed. I pray this testimony; submitted through my “Issue Paper” aids you toward the goal of becoming a bit more “fully informed” to the other voices affected in negative ways if you allow this Bill to be passed. PLEASE DO NOT! End.Issue.Paper.Content.KameKona.26.February.2008.

Tribal member: Miss Ronni Dorien Kona TO584

Miss Ronni Dorien KameKona (Full Family Name)

I am an enrolled member of the Tulalip Tribes of Washington, as provided by Article 11, of the said tribes’ Constitution and By-Laws, approved January 24, 1936, by the Secretary of the Interior pursuant to the Act of June 18, 1934, (48 Stat.984) as amended, and as such is entitled to all of the rights and privileges pertaining thereto, including those guaranteed by the Treaty of Pt. Elliot signed January 22, 1855.

Electronic Copy (or) printed version Copy Furnished 04:00 Uhr.26.FEB.08:

(1) Les Parks; lesparks@longhousesalmon.com ; American Indian Leader

Tulalip Tribal Member and prior Board Member with 12 years Board experience

(2) The Honorable Judge Poly (Through) The Honorable Judge Bass; garyfbass@hotmail.com

(3) Dan Kamkoff, Executive Director; dank@nics.ws

(4) Ronald J. Whitener, (Judge) and Assistant Professor, ronw@u.washington.edu

(5) R.P. @ KY state.gov

(6) Steve Robinson; Criminal Justice Department EvCC

(7) Billy Zackuse; Internal Affairs Resolution Motion “mover,” and Tulalip Tribal Member

(9) Redwolf Pope; American Indian Leader

(10) Tom Mitchell; President; tmitchelleseattle@att.net

(11) missronnikamekona@hotmail.de ; source files, electronic report(s).Tulalip.Tribal.Issue.Paper

ATTACHMENTS FOR DOCUMENTATION:

Will be provided upon request

RDK/rdk

2/29/2008 2:31 PM  
Anonymous Anonymous said...

There are only (1) or maybe a few Tulalip Tribal Indians working at the Tulalip Tribal police departemnt.... Most are white, or NON-Tribal in uniform. That flies in the face of the "story" to offer dual deputization--TO WHO? Non-tribals??? ..... There is far more to this story than is being propaganda'd out... People need to hear more than (1) side of the story....and there are no other sides to this story than what the propaganda is putting out there.....

2/29/2008 2:35 PM  

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