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Group seeks recall of Santa Ysabel chairman

Vice chairwoman says he stonewalled her on government matters By EDWARD SIFUENTES - Staff Writer | Thursday, December 11, 2008

A group of Santa Ysabel tribal members is launching an effort to recall the North County tribe's chairman for what they say are repeated abuses of his power, including unilaterally removing and appointing people to government posts and withholding information from tribal members.

The effort involves about 65 members of the 700-member Santa Ysabel Band of Diegueno Indians, which owns a small casino near Lake Henshaw. Earlier this year, county officials said the tribe had fallen behind on payments. Officials with the Santa Ysabel Casino said the business was not generating enough revenue to make the payments.

Santa Ysabel Vice Chairwoman Brandie Taylor said Monday that she and other members of the group have repeatedly asked Chairman Johnny Hernandez for information on various tribal government and casino management matters, such as lawsuit settlements and contract negotiations. He has refused, she said.

Taylor and others in the group recently filed a lawsuit in tribal court to get that information from Hernandez. She said the group also is trying to amend the tribe's constitution to prevent some of the problems they've faced.

"We decided that in order to make real changes, not only would he need to be dealt with, but we want to make sure the next chairman will follow the constitution," Taylor said.

In most North County tribes, the chairman is head of the executive branch, similar to a mayor or governor, and serves as spokesman for the tribe. He or she is elected by the tribe's members.

Hernandez said Monday that he was unaware of the recall effort, but he said that there is an ongoing dispute with the group. He declined to comment further.

"Those 60 people are suing the rest of the tribe, not just me," Hernandez said.

Taylor said the group requested the names and addresses of all tribal members for the purposes of launching a recall petition. They were denied the names and addresses, which Taylor said they are supposed to receive when requested, according the tribe's constitution.

"That is why we are trying to amend it," Taylor said.

The group also alleges that Hernandez removed the tribe's legislative assistant without due process and that he appointed a chairwoman to the tribe's elections commission, a post that should have been decided by the members of the commission.

June Sortore, a Santa Ysabel tribal member and a member of the group unhappy with the chairman, said the group evolved out of frustrations with Hernandez.

"But as we started to get together, there were more and more people that had concerns," Sortore said.

The remote tribe is one of the poorest in the county. Some of its members live in dilapidated trailers and some have no electricity.

Last year, the tribe opened a $27 million, 35,000-square-foot casino with 349 slot machines on its reservation. But the tribe has struggled to attract enough customers to its remote reservation near Julian.

Earlier this year, the tribe fell behind on quarterly payments to the state and the county. The tribe negotiated an agreement with the county to pay nearly $600,000 a year. The money is supposed to pay for increased law enforcement, ambulances and problem-gambling programs.

The group filed a petition with the Inter-Tribal Court of Southern California, which is located in Rincon, asking that the chairman provide information on various matters, including providing a list of tribal members for the recall petition and financial records pertaining to the tribe's casino.

Hernandez declined to comment on the lawsuit and said, "That will be decided in court."

"I owe it to the tribal members not to discuss these matters with the public and the media," Hernandez said.

A hearing on the lawsuit is scheduled for Dec. 19.

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.



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