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LAKE COUNTY, Calif. – Thirty members of the Elem Indian Colony of Pomo Indians have filed suit in federal court in response to what they say is a massive disenrollment effort by the sitting tribal council that would banish all of the residents of the 52-acre lakeside rancheria in Clearlake Oaks.

The petition for the writ of habeas corpus against the Elem Colony Executive Committee was filed in U.S. District Court for the Northern District of California-Eureka on Friday, according to a statement from the group.

The suit is alleging restraint on the plaintiffs’ liberty, and asks for a writ to prevent that restraint.

The disenrollment action the suit seeks to stop is being taken by the Elem Executive Committee, which according to the tribe's Web site includes Chairman Agustin Garcia, Secretary/Treasurer Sarah Brown Garcia, Vice Chair Stephanie Brown, and members-at-large Leora John and Nathan M. Brown II.

When Lake County News reached out to Chairman Garcia on Monday to get the executive committee's perspective, he said, “At this time, we have no comment.”

Altogether, 132 tribal members – 61 adults and 71 children – are being targeted for disenrollment, but not because of genealogy, according to Robert Geary, one of the petitioners in the case.

“Nobody questions our ancestry. Because who we are can’t be questioned – we descend from Elem Pomo ancestors and founders,” said Geary. “This is instead a feeble attempt by nonresident members of the Elem Colony to exact control over tribal monetary resources without wanting to live here, and even at the risk of terminating our entire Colony.”

Those slated for disenrollment include the last on-colony speaker of the Southeastern Pomo dialect, keepers of the colony’s two roundhouses, four Vietnam war veterans, and those who have led the colony’s efforts regarding the Superfund cleanup of Clear Lake and to regain control over Rattlesnake Island, a sacred Elem religious site.

Some of those facing separation from their tribe and the rancheria also would lose their homes, to which they hold legal title, and the rancheria would be left empty, the petitioners said.

They assert that, despite disenrollment and banishment becoming widespread – especially in California – it would be unprecedented for a tribe’s entire residency to be exiled.

Geary said the action is being carried out by tribal members who don't live on the rancheria. “Our relatives living on the outside are trying to cut the tribe off at the knees. We won’t let them.”

Over the last decade, disenrollment actions have occurred in tribes around Lake County, including Elem.

In 2007, 25 members of Elem were disenrolled based on allegations that they did not have the required lineage for membership.

The following year, in the wake of a disputed tribal election, Robinson Rancheria's tribal council began the process to disenroll close to 70 members of the Quitiquit family. The Bureau of Indian Affairs upheld the Robinson Rancheria disenrollments in April 2010, as Lake County News has reported.

In those cases, the primary justification used was lineage. In the present Elem case, however, Little Fawn Boland – the petitioners' attorney – pointed out that it's based on allegations of violating tribal law.

Disenrollment – which opponents call “cultural genocide” and “genocide on paper” – is such a serious concern for tribes across the nation that in 2015 the National Native American Bar Association adopted Resolution No. 2015-06, “Supporting Equal Protection and Due Process For Any Divestment of the American Indigenous Right of Tribal Citizenship.”

In its resolution, the association denounced “any divestment or restriction of the American indigenous right of tribal citizenship, without equal protection at law or due process of law or an effective remedy for the violation of such rights,” and declared “that it is immoral and unethical for any lawyer to advocate for or contribute to” any disenrollment where such human rights protections are not afforded.

The orders of disenrollment

Up to 61 adult Elem tribal members received orders of disenrollment, dated March 28, from the tribal council, alleging wrongful activity that, based on a May 2015 tribal ordinance – entitled “Tribal Sanctions Of Disenfranchisement, Banishment, Revenue Forfeiture, and Disenrollment and the Process for Imposing Them” – that allows them to be removed from the membership rolls, according to the case.

Boland wrote in her filing that the disenrollment order sent to the impacted tribal members “includes six pages of outlandish criminal accusations.”

She pointed out that the order does not question that the tribal members slated for disenrollment aren't properly enrolled.

While the 71 children and extended family members of those served with the March order haven't been served themselves, Boland said they would be exiled, too, if their families members were disenrolled or banished.

A week and a half after the date of the disenrollment orders, tribal members – along with members of the Hopland Band of Pomo Indians who had been the focus of a disenrollment action earlier this year – picketed at the Ukiah law office of Lester Marston, an attorney whose firm helped Hopland as well as Robinson Rancheria with disenrollment actions.

While the Elem Tribal Constitution requires such an ordinance to be approved by the U.S. Department of the Interior Secretary, Bureau of Indian Affairs Superintendent Troy Burdick confirmed to Boland during an April 4 email exchange that the ordinance has not been submitted for federal review and approval.

Burdick did not immediately respond to a message left by Lake County News on Monday asking if he has since received the ordinance from the Elem Executive Committee.

Separately, Boland has filed a notice of inaction appeal and motion to enforce stay with the United States Department of the Interior Board of Indian Appeals, saying that Burdick had refused to respond to her April 8 request for clarification on the validity of the May 2015 disenrollment ordinance.

The filing states that by Burdick failing to respond within the required 10 days, the matter “became ripe for appeal” to the Interior Board of Indian Appeals.

The appellants are asking that appeals board to direct Burdick to issue a decision as well as to rule that his inaction on the ordinance “also automatically stays any outcome” that resulted from his lack of action.

The roots of the dispute

For those Elem members facing disenrollment, the action the tribal council is taking against them has its trajectory rooted in a disputed election that took place on Nov. 8, 2014.

It's alleged that the sitting council – referred to as the “Garcia faction” – prevented 60 adult members from voting in that election, only allowing their supporters into the venue where the vote was held.

The 60 members who couldn't vote held their own election at a local park, electing David Brown as chairman, Adrian John as vice chairman, Paul Steward as the secretary treasurer, and Natalie Sedeno Garcia and Kiuya Brown as members-at-large.

The dispute between the two councils led to the freezing of a tribal bank account and impacts on programs, according to both sides.

Despite the efforts by David Brown and his council to be recognized by the Bureau of Indian Affairs, Burdick sent a letter to Agustin Garcia dated March 9, 2015, recognizing him as chair, along with his fellow members of the executive committee “for purposes of a government-to-government relationship.”

At that time, Sarah Garcia – who by that time had been secretary for 10 years – told Lake County News during an interview that the other tribal members who challenged the council she was a member of attempted to “pull a coup” by holding a meeting not considered legal by tribal ordinance.

She said then that it was the first challenge Elem's Executive Committee had had since a new chair was selected in 2010 following a recall.

At that time, Garcia said there were 121 people on Elem's membership roll.

The tribal members who didn't support the council recognized by the Bureau of Indian Affairs said they were subsequently treated like second-class citizens, had their rights to health care and to vote stripped, and were told they were not part of the tribe.

More recently, on the tribe's official Facebook page, there was another clue about the division between the factions.

The page's main cover picture is an altered still from a Star Wars film, with Agustin Garcia's head imposed on the body of a Jedi. He is shown battling with a Darth Vader figure, whose helmet has “Da-Vider” written on it. Above the two figures are written the words, “The Elem-Pire Strikes Back.” The image appears to have been posted last April.

In an April 13 letter to members, the Elem Executive Committee said that since the disenrollment orders were issued there has been “a considerable amount of hostility via social media, the local news, and radio.”

With the “disgruntled members” planning to attend the general council meetings to protect, the committee suggested that the May and August general council meetings be canceled “for safety concerns to prevent violence,” and asked members to vote on an enclosed card and return it to the tribal office before May 1.

Offer to help settle the dispute

Elem has remained a nongaming tribe since its casino was closed in October 1995, at about the same time as a series of shootings and violent crimes swept the rancheria.

As a nongaming tribe, it receives $1.1 million annually from the Revenue Sharing Trust Fund. Created in 1999, that fund receives payments from gaming tribes in exchange for the ability to operate up to 2,000 slot machines, according to the California Legislative Analyst's Office.

Over the last several years, Elem's leadership has proposed a casino development in the Bay Area. That plan, headed up by Agustin Garcia and Anthony Cohen, who has worked as the executive committee's attorney and assisted on economic development project, was for the development of North Mare Island, which would have included a casino, shopping, dining, conference center, nature trails and more.

Citing health concerns due to mercury contamination from the nearby Sulphur Bank Mercury mine, the proposal said the tribe's traditional homelands have been rendered “worse than useless,” adding, “Elem is proposing to relocate and establish a new sovereign tribal homeland on Mare Island, pursuant to an intergovernmental agreement with the City of Vallejo and necessary federal approvals.”

However, in January 2015 the Vallejo City Council voted to focus on industrial – not casino – projects, which appeared to end the project proposed not just by Elem but a competing proposal by the Koi Nation, another Lake County tribe.

Boland said it's unclear who will be representing the executive committee in the lawsuit, as Cohen stated publicly on his Web site at www.tonycohenlaw.com on April 27 that he won't support the disenrollment action and that he intends to step away from all further work at Elem “unless/until the Tribe heals itself.”

He also offered, “If both sides of this dispute would like me to help to create a solution, I would be happy to do that.”

Roseville attorney Jack Duran, who specializes in tribal government, gaming and regulations, told the plaintiffs that he is handling cases pending before the Interior Board of Indian Appeals, Boland said, adding it's not clear if Marston will be involved.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

043016 Writ of Habeas Corpus - Elem Colony

CLEARLAKE, Calif. – Clearlake Animal Control has three lovely dogs who continue to wait patiently for new homes.

This week's dogs include mixes of Australian Cattle Dog, Australian Shepherd, boxer, Labrador Retriever, Rottweiler and shepherd.

To meet the animals, contact Marcia Taylor, the animal control outreach technician, at 707-994-8201, Extension 103, 9 a.m. to 3 p.m. Monday through Thursday, or contact Animal Control Officer Jenna Tuller at Extension 115 from 9 a.m. to 5 p.m. those same days.

Also follow Clearlake Animal Control on Facebook for the latest updates.

Below are this week's available dogs.

'Walter'

“Walter” is a young male yellow Labrador Retriever and shepherd mix.

Shelter staff said he is a very loving boy.

They said he will make a wonderful family addition or be a best friend for someone, whether you are going for a walk, jogging and just for a drive.

'Mona'

“Mona” is a young female Rottweiler-boxer mix with a low-key personality.

She is already spayed.

Shelter staff said she walks well on a leash, and is good with children, cats and other dogs.

'Blue'

Blue is a male Australian Cattle Dog (blue heeler) and Australian Shepherd mix.

He had been hanging out at an elementary school every day until Clearlake Animal Control picked him up. It appeared that Blue thought his owner was at school. He loved hanging out with all the kids and everyone wanted to take him home.

He loves cocking his head sideways when he hears a funny noise and is an inquisitive boy.

Shelter staff said he is loads of fun. He can dance in place on his back two legs and he gets along great with other dogs.

Blue's adoption fee is only $40, as he already is neutered and vaccinated.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

MIDDLETOWN, Calif. – Community members impacted by last year's wildland fires are invited to a special event May 14.

Rebuilding Resilience is a one-day event to assist the community on the road to recovery from the 2015 fires, but is open to anyone who may have experienced stress or trauma of any kind or anyone seeking to support children, family members, friends and neighbors.

This free uplifting and information-packed day is Saturday, May 14, from 10 a.m. to 3 p.m. at the Middletown High School Multi-Purpose Room.

Rebuilding Resilience is open to all and designed to help community members identify and find resources to rediscover well-being.

Community members experiencing stress or trauma as a result of the recent fires will find local experts on hand to assist.

Five workshops will be offered that will address stress and trauma and help community members find practical resources to help navigate the path to rebuilding resilience:

– Coping in Today's World for Children: Adults helping children cope.
– Coping in Today's World for Adults.
– Psychological First Aid : Helping in times of stress.
– Bouncing Back: Resilience in Transitional Age Youth.
– The Pillowcase Project: Emergency Preparedness for Children.
– Expert discussion panel and live question and answer session.

If you, or someone you know, is experiencing depression, fear, hopelessness, nightmares, insomnia, no focus, flashbacks, anger, guilt or bad memories, local experts will be on site for one-on-one support offering insights, encouragement and practical guidance.

Child activities hosted by Head Start, 4H, the Hub and the Hero Project are ongoing all day.

Middletown Art Center is hosting a drop-in art project for hope and resilience. Lunch is free and included for all registered guests.

Providers working with patients who are dealing with trauma or stress from the fires, please refer your patients to this event for additional resources.

For more information, copies of fliers and to register, call Laurie Allen at 707-995-5884.

Booth space is available for provider agencies, email This email address is being protected from spambots. You need JavaScript enabled to view it. for information.

After a destructive fire season in 2015, conditions in California are already drying out prompting Gov. Jerry Brown. to declare May 1 through 7 as “Wildfire Awareness Week.”

During Wildfire Awareness Week, Cal Fire is stressing the critical role all Californians play in preparing for fire season now.

“The rain we received this winter and spring has been great, but with over 29 million dead trees due to the drought and bark beetle, our fire conditions still remain elevated,” said Chief Ken Pimlott, Cal Fire director. “While our firefighters are preparing for what could be another busy fire season, this week is an important reminder that all Californians must do their part and be ready.”

Despite the rain over the winter, Cal Fire has already responded to nearly 700 wildfires since the beginning of the year.

With wildfires on the rise, Cal Fire is reminding all Californians during Wildfire Awareness Week that when it comes to wildfires, remember “Ready, Set, Go!”

Being ready for a wildfire starts by maintaining 100 feet of defensible space and hardening homes with fire-resistant building materials.

During this drought Cal Fire is highly recommending residents landscape their yards with drought tolerant and fire resistant plants.

Being set includes having an evacuation plan and an emergency supply kit. Lastly, when a wildfires strikes, residents are urged to “go!” – and evacuate early.

Cal Fire also is urging all Californians during Wildfire Awareness Week to learn the steps to prevent sparking a wildfire.

More than 90 percent of the wildfires in California are sparked by the activity of people, so “One Less Spark, means One Less Wildfire.” It’s everyone’s responsibility to be fire safe outdoors and prevent sparking a wildfire.

Residents looking for additional information on how to prepare themselves, their families and their homes for wildfire can visit www.ReadyForWildfire.org .

The site offers tips for residents to make their homes more resistant to wildfires and to ensure that their families are ready to evacuate early and safely when a wildfire strikes. 

LAKE COUNTY, Calif. – Have you ever wanted to see California’s official state grass?

Did you know that California even has an official state grass? Well, it does, and it is called purple needle grass.

Join the walk on Saturday, May 7, at the Lake County Land Trust’s Rodman Preserve, 6350 Westlake Road (off of the Nice-Lucerne Cut-off) starting at 9 a.m. to enjoy a spring view of purple needle grass (Stipa Pulchra) along with other native California bunch grasses that are fairly prevalent on the property.

After taking a two-month hiatus, the Saturday morning walks at the preserve have resumed.

Leading this Saturday’s walk will be Lake County Land Trust board member, Roberta Lyons.

It should be an enjoyable morning with not only views of interesting botanical species, but many songbirds as well, including red-tailed hawks, acorn woodpeckers, tree swallows, possibly violet-green swallows, western bluebirds and more.

For more information, call Roberta Lyons at 707-994-2024. Directions to the preserve are located on the Land Trust’s web page.

Don’t confuse Rodman Preserve with the county Rodman Slough Park, which is located on the Nice-Lucerne Cutoff near the bridge.

The Lake County Land Trust is a private, nonprofit local organizations that preserves open space and natural habitat in Lake County.

For more information go to www.lakecountylandtrust.org .

LAKEPORT, Calif. – It has been six months since Kellee Bussard received a loan through the city of Lakeport’s Community Development Block Grant (CDBG) Business Loan Program to expand The Shoe Box, a shoe and accessory store located at 997 11th St.

The loan is helping the business create one new job and expand its inventory of shoes, boots, handbags and accessories.

The Shoe Box has established itself as the local go-to for quality footwear and accessories, exceeding the expectations and projections identified prior to the loan application.
 
A lifetime member of the community, Bussard plans to continue to grow The Shoe Box by cultivating a feel for her customers’ desire.

She excels in assisting her clientèle with the discovery of new, high-quality items.

“Footwear has been my passion for a very long time and after years of experience in the industry, I was poised to open my own business and provide a service in my home town. The city of Lakeport’s CDBG Business Loan Program helped me do that,” Bussard said.

For more information about the city of Lakeport’s Business Loan Program, please contact Jeff Lucas or Andy Lucas with Community Development Services at 707-279-1540 or This email address is being protected from spambots. You need JavaScript enabled to view it. .