In a decision that could put Table Mountain Casino slot machines in legal jeopardy, federal authorities have voided a settlement between the tribe and the Governor's Office because of ongoing questions over tribal leadership.
The U.S. Department of the Interior in an Oct. 7 letter to the tribal administrator said the compact was invalid because tribal leader Vern Castro's authority to negotiate the deal remains unsettled in the wake of a disputed recall election to oust him.
" The decisions of Bureau of Indian Affairs administrators raise sufficient questions about the authority of Mr. Castro to execute the compact and bind the tribe to its terms," Assistant Interior Secretary Kevin Gover wrote to Table Mountain. "Therefore, we believe that it is inappropriate for us to approve the compact at this time."
Moreover, Gover addressed the one-page letter to Chairperson Leanne Walker-Grant, not Castro. Walker-Grant led the recall effort and sought to replace Castro, longtime leader of Table Mountain Rancheria.
The surprise voiding of the compact removed the 55-member tribe's legal shield from the U.S. Attorney's Office's effort to seize all slot machines it considers illegal under state law. Months ago, the U.S. attorney agreed to hold off legal action against tribes that had compacts with the state. The compact is, in part, a deal to remove illegal slots and replace them with regulated, state-approved slot machines.
Table Mountain lawyer Howard Dickstein called the Interior Department action troubling and legally suspect.
"I'm concerned that the Department of Interior is delivering Table Mountain into the hands of the U.S. attorneys," Dickstein said.
Dickstein believes the federal decision came after political pressure from tribes that have refused to enter into compacts with Gov. Wilson's office. Citing Indian sovereignty, those tribes think state and federal authorities lack the legal right to force them into a deal that removes the lucrative slots.
"It's common knowledge that other tribes around the state lately have been lobbying the Interior against ratification of the compacts," Dickstein said. "I'm concerned about political interference in the process."
Compact compliance urged
Ten tribal compacts await approval by the Interior Department. Only one, the original deal with the Pala Band of Mission Indians, has been approved.
Daniel Kolkey, Gov. Wilson's legal affairs secretary and chief negotiator of the Table Mountain compact, said Interior's decision hurts the Fresno County tribe.
"I think the Department of the Interior has put Table Mountain in a very difficult position," Kolkey said Saturday. "Interior should do whatever it can to bring the Table Mountain Rancheria into compliance with the law."
Kolkey's view isn't shared by a faction of Table Mountain tribal members who for months have been arguing that Castro was fairly removed from office but has used legal maneuverings to remain in power.
The stakes are huge. The winner gets control of Table Mountain Casino and its millions in annual income. The casino generates a profit-sharing check of $14,000 every month for each member.
Led by Walker-Grant, the sect doesn't support Castro's compact and instead endorses Proposition 5, the November ballot measure to change state law in California and allow the tribes to keep the slot machines they now use.
Castro opposes the ballot measure.
The sect's successful recall of Castro last March was stayed pending an appeal to the Bureau of Indian Affairs. Since then, Dickstein has argued that Table Mountain's constitution allows Castro to stay in power and negotiate the compact pending a complete appeal.
Hopes for resolution
The appeal was denied Oct. 1 by the bureau's regional federal supervisor. Members led by Walker-Grant believe this effectively ends Castro's reign. Castro, according to Dickstein, believes the decision isn't final until the recall completes an appeal at the next level in Washington.
Neither Castro nor Walker-Grant could be reached.
Currently, the tribe hopes an Oct. 23 election will settle the leadership questions. If Castro wins, he likely would resubmit the compact to the Interior Department. If not, the compact will remain void until the new leadership makes a decision.