On January 28th, 2010, I was given
the opportunity to speak to Ms. Silvia
Burley, chairperson of the California
Valley Miwok Tribe and Mr. Tiger Paulk
consultant for the Tribe. This is a story
only movies are made
from. I was given information
about the illegal withholdings
of tribal funds of
the Indian Gaming
Revenue Sharing Trust
Fund (RSTF) monies that
have been illegally stopped
by the California Gambling
Control Commission since
2005.
The tribal members of CVMT had
recently been given a notice to vacate the
property located at 10601 Escondido
Place, (Morada) Stockton, CA 95212
from the San Joaquin County Superior
Court, Case No.
39200900210084CLUDSTK, (One West
Bank vs CVMT), an Order to vacate
immediately. A letter written on behalf of
CVMT by Tribal attorney Saba Bazzazieh,
Esq., of Rosette & Associates 565 West
Chandler Blvd., Suite 212, Chandler,
Arizona 85225 asking for a 30 day extension
of time was denied by One West
Bank. This property of one and one half
acres has been considered by the tribe to
be its reservation and has served multipurpose
functions in regards to the 10
tribal families it services.
On January 15th with no extension
given, the Tribe with the support of various
activist organizations and the local
community went back into lockdown to
defend its Tribal land until late in the
afternoon when the bank relented and
gave the time for the current suit against
the CGCC to be heard in the California
Appeallant Court in San Diego.
The California Valley Miwok or
“Sheep Ranch Tribe” has been a federally
recognized tribe since 1915. In 1915 the
tribe was allotted 0.92 of an acre and in
1966, Ms. Mabel Hodge Dixie was identified
by the government as
the sole authority for the
Tribe. At this time, the
Tribal landbase was relinquished
to her as an
Individual. Upon her death
in 1971, the landbase was
probated to be distributed
among her heirs with its
most recent resident and
Spokesperson being Yakima
Dixie, before the formal Tribal organization
of 1998.
In 1998 the Tribe expanded to 5
members and sought government contracting.
In 1999 they acquired their first
ever PL-93 638 contract under the leadership
of newly elected Chairperson
Silvia Burley. They were trying to organize
under IRA but due to the local BIA’s
mishandling of their request and subsequently
trying to force non-Tribal people
onto the Tribe, the Tribe exercising their
sovereign authority rescinded their
request for a Secretarial Election and
voted to organize under Custom and
Tradition.
In 1999 the state of California initiated
compacts with Gaming Tribes. Within
these agreements was language that
Compact Tribes provide monies to the
state gaming commission Revenue
Sharing Trust Fund (RSTF), as a federally
recognized Tribe, as listed in the federal
register the California Valley Miwok Tribe
is eligible to receive quarterly distributions
from the Revenue Sharing Trust Fund.
In 2000, Yakima Dixie as Vice
Chairman became influenced by Mr.
Chadd Everone aka Chadd Ludwig, a
non-native, whom was brought in by Le
Roi Chapelle and William “Bill” Martin to
help facilitate control of the tribe. Yakima
under the control of Chadd Everone then
decided to challenge Ms. Silvia Burley’s
position as tribal chairperson. The Tribe
has successfully defended against time
and time again. Protecting it’s elected
leadership and Tribal sovereignty that
even though Mr. Dixie was not the recognized
Tribal authority he tried to give
away.
When, what later became known as
the Everone Group discovered in
December of 1999, through Ray Fry,
Tribal Operations, BIA / CCA, that Mr.
Dixie was not the chairperson. The
leader of the tribe Bill Martin and Le Roi
Chapelle conspired with Chadd Evereone
to manipulate Yakima Dixie’s role (who
had no authority to sign any contracts or
agreements on behalf of the tribe and
certainly no authority to put the sovereignty
of the entire tribe in jeopardy).
Nor had he the authority to sign the proposed
agreement with the fictitious
group created by them known as ABC
Boxing, Inc. and/or Martin/Chapelle
Group.
Upon the discovery of the true
Chairperson being Ms. Silvia Burley, in
2000, Mr. Everone aka Mr. Ludwig was
brought in to orchestrate and initiate an
agenda of deceit and lies that a few
opportunists in the DOI / BIA have used
to diminish the tribal rights, as a way to
oust the legitimate body of tribal members
that will not surrender their sovereignty
or adhere to their preposterous
agenda to take over the tribal existence.
In the deposition of Dale Risling, Sr.,
Superintendent CCA / BIA, Tuesday,
February 10, 2004, Mr. Risling states that
the Central California Agency / Bureau of
Indian Affairs recognizes Ms. Silvia
Burley as the chairperson of the
California Valley Miwok Tribe since the
tribe notified the BIA in May of 1999. He
also states that the California Valley
Miwok Tribe is a federally recognized
tribe. On record in this same deposition,
it is recorded that the CCA / BIA takes
the position that the CVMT does not
need to organize pursuant to the Indian
Reorganization Act. Further in to the
deposition of Mr. Risling, he states that
the Bureau “does not get involved into
the internal election disputes of tribes”.
When asked if there were any internal
issues relating to an election at Hoopa
while Mr. Risling was Chair, he
answered, “Yes, there were.” Asked if the
BIA involved itself in that internal dispute.
He answered, “No.”
In regards to CVMT’s ongoing court
battle with the state of California
Gambling Control Commission, Ms. Rose
Davis and I met with Mr. Manny
Corrales, Esq. tribal attorney, he gave us
a rundown of events and court proceedings
up to this point. He was very
adamant that tribes rights were being
violated. He was confident that the court
case would be won and the Revenue
Sharing Trust Fund (RSTF) monies
would be released to the California Valley
Miwok Tribe and that an Writ of
Mandate order to comply would be
instated.
On February 9, 2010, at 1:30 pm in
San Diego, state of California Court of
Appeals,4th
District division,
court case #
D054912, between
the California
Valley Miwok
Tribe (CVMT) vs.
State of California
Gaming Control
Commission. A
three judge panel
heard arguments
of the ongoing litigation
of the
unjustified withholding
of the
yearly distributed
$1.1 million dollars
California Gaming Compact,
Revenue Share Trust Fund (RSTF) allocation
to the CVMT.
CVMT Legal Counsel Manny Corrales
supported by the lawyers, Juan Carlos
Sanchez & Jorge Luis Barraza of the
Singleton & Associates law firm presented
argument and clarity of statutes pertaining
to RSTF yearly tribal award.
Issues discussed for review was “authority
over distribution of monies funded to
the tribe, tribal membership and the federal
government 638 contract allocation
of $100,000.00 yearly award. Argument
of the Indian Board of Indian Appeals vs.
federal tribal recognition, that it was
understood that the IBIA has no authority
or jurisdiction over the CA Gaming
tribal accounts and that the California
Gaming Compact is not a requirement of
the Indian Reorganization Act.
The CVMT Legal Counsel Mr. Manny
Corrales was very well prepared and presented
and outstanding argument of facts
and statutes of the CA Gaming Compact
in regards to the proceedings. The prosecution
for the state of California seemed
less confident and often times contradicted
themselves in defense of their case.
After the summary & rebuttal was heard
the judge’s panel gave notice that “the
matter is submitted for further briefing
and review.” This is a 30 day process in
which the state of California Court of
Appeals judges’ panel will make judgment.
The legal team for the Miwok Tribe gather outside the hearing room to
discuss the outcome of the proceedings. From the left, Juan Carlos
Sanchez, Jorge Luis Barraza of Singleton & Associates with William
Grindstone, Indian Voices and attorney of record, Manny Corrales, Jr.
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