Rhonda Morningstar Pope, chairwoman of the Buena Vista Band of Me-Wuk Indians, has accused the Amador County Board of Supervisors of violating provisions of the Brown Act and denying her the right to speak at their Aug. 23 meeting.
The allegations came to light in the form of a speech and a letter handed to County Counsel Martha Shaver by Pope during the regular meeting of the supervisors on Tuesday.
In the letter, dated Sept. 13 and addressed to Chairman John Plasse, Pope asked that the minutes of the Aug. 23 meeting be changed to reflect her assertion that “multiple” supervisors interjected their own comments during her allotted time.
“Your actions at that meeting were a violation of county regulations and the Brown Act, and I request that the public record be corrected to reflect your error, and to indicate that I was in fact entitled to more time to speak uninterrupted,” the letter said.
Speaking to the supervisors after delivering her letter, Pope also said supervisors should stop fighting her casino project and that a National Pollutant Discharge Elimination System permit issued by the federal government earlier this year and subsequently challenged by Amador County has been reaffirmed.
“Your appeal has been denied, and the EPA has determined that the tribe has, in fact, done everything within the legal, what’s the lingo, that we’ve done everything we’re supposed to do,” said Pope, who also told supervisors her  calculations show they may have spent nearly $2 million in taxpayer money fighting her proposed casino project.
“As of March of ‘08, $1.5 million has been spent to date,” said Pope. “So I just want it on the record that there has been millions of dollars spent on this litigation for many, many years.”
Pope said she was unsure how much money had been expended by county leaders for legal fees since 2008, but it was her belief that taxpayers are footing the entire bill for the effort.
“It would be interesting to see what has been spent to date,” she said. “I would highly recommend that you ask your taxpayers and your voters if this is really what they want to continue doing.”
Pope said she was also still concerned about how moneys her group is obligated to contribute to a Buena Vista Amador County Community Fund as part of an Intergovernmental Services Agreement with the county will be used.
“Once again, I’m going to raise that issue,” she said, asking supervisors to agendize it at a future meeting for discussion and possible action.
“I believe that the people have a right,” she said, pointing out what she said was another error in the Aug. 23 meeting record. “I did not ask that I have the input on the community fund. That was another discrepancy in the minutes. I asked that the people have input on the community fund. The people, not myself.”
Pope continued speaking to the board beyond a three-minute limit at Tuesday’s meeting.
“I don’t appreciate what took place at the last meeting,” she said. “It was very disrespectful, not only to me, but to every other speaker that stood up here and spoke. When you come up here and you speak, you’re supposed to let that person speak and give them the right. That’s the reason why it’s called public comment. You don’t stand up here and argue with them. You let them get their issues out.”
Pope ended by saying her time was partially taken up by supervisorial comments, and prompted a reply by Plasse as Pope left the speakers’ podium.
“I will just comment that the way it does work is, in fact, you speak, we listen, and when we have an opportunity to speak, you listen,” he said. “And when you begin degrading the board, any speaker, not just you, but any speaker begins degrading the board, and trying to talk over board members, I will gavel that individual down and ask that they sit down, or be removed.”
Pope then returned to the podium to retort.
“Under the Brown Act, you are supposed to do that. That’s your job,” she said. “As the people, you’re representing the people. You are supposed to  accept criticism to policies and things that the public don’t believe is correct. And also, just as a reminder in your statement, when you did go into closed session, you violated that (Brown Act) because you didn’t even take a vote. So, please adhere to the policies and the way you’re supposed to  do Robert’s Rules of Order.”
Pope also sent copies of her complaint letter to the office of the California Attorney General and the California First Amendment Coalition.
In an email Wednesday, Plasse said Pope’s assertions that decisions on how Community Fund money will be spent are somehow subject to outside direction other than the county’s are erroneous, and urged interested onlookers to read the Buena Vista Rancheria Arbitrator’s’ Award Intergovernmental Services Agreement dated June 11, 2008, available on the county’s website.
A portion of that agreement shows Pope’s group agreed to the formation of The Buena Vista Amador County Community Fund, with the tribe obligated to pay the county $1 million annually, “which may be used by the county in its discretion to offset additional, intangible impacts on services and facilities as a result of the project or to enhance community services and facilities.”
Plasse declined to make further comment, citing the ongoing litigation situation between the county and Pope’s group.
No related posts.
Short URL: http://www.ledger-dispatch.com/?p=31505