Professional Documents
Culture Documents
A156459
A158171 IN THE COURT OF APPEAL
A158172
OF THE STATE OF CALIFORNIA
A158173
FIRST APPELLATE DISTRICT, DIVISION TWO
A159823
______________________________
ROBERT FINDLETON,
Plaintiff and Respondent,
v.
COYOTE VALLEY BAND OF POMO INDIANS,
Defendant and Appellant.
______________________________
VOLUME III
______________________________
Primary implementing agency (if different from the applicant's legal jmisdiction name):
Northern California Intertribal Judicial Council
Purpose Area Point of Contact: I Phone#: tb J( 6l II
Email: l(bJ(~J: _ @hoplandtribe.com
fb) (6); (b)( 7) (C) I
1. Describe the focus of the project (i.e., alcohol and substance abuse prevention; law
enforcement; pretrial services; risk and needs assessment development and implementation;
diversion programming; tribal court services; healing to wellness court;, intervention and/or
justice system infrastructure enhancement; justice system information sharing; etc. Projects may
focus on one or more than one area). a. If the project has more than one focus, describe how the
The foci of the Justice System Consortium Project (JSCP) are: 1) tribal court services
and 2) justice system infrastructure enhancement. Four Northern California tribes have joined
together to create the Northern California lntertribal Judicial Council (Judicial Council), a
consortium that includes the following tribes: Hop land Band of Pomo Indians (Hop land Tribe),
Cahto Tribe of the Layton ville Rancheria (Cahto Tribe), Coyote Valley Band of Pomo Indians
(CVBPI), and Manchester-Point Arena Band of Pomo Indians (MPA Tribe). These four tribes
(referred to collectively as the tribes) are each at a different stage in the development of justice
systems in their own tribal community. With this project, they intend to pool resources and
knowledge and to support one another in creating a sustainable justice system within which each
tribe will have its own set of ordinances and its own tribal court.
The overarching goal of the Justice System Consortium Project (JSCP) is to create a
sustainable justice system that will address day-to-day problems that significantly impact the
quality of life in four Mendocino County tribal communities. In order to reach this overarching
goal, the JSCP seeks to achieve the following objectives (note that the tribes use the term
1) To build adequate infrastructure for the tribes to manage and administer their courts
3) To develop a written action plan for how each tribe will approach needs identified in the
tribe's justice system needs and assets assessment for which they lack adequate resources
4) To explore ways in which the tribes can support each other and leverage resources across
tribes so that all four tribes have the ability to implement strong justice systems, based on
5) To develop and/or expand the capacity of each tribal court to hear cases for ordinance
violations; for two of the tribes, this will require the fundamental development of the
ordinances. (Note that the two tribes with ordinances in place have not as yet been able to
6) To fully train tribal police in tribal law, including how to issue citations, court
7) To bring each tribe to the point where tribal police issue citations for violations of
ordinances and, as a result, the tribal court judge hears cases based on these violations
8) To use the Hopland Tribe's Tribal Wellness Court as a model and to facilitate a
Note that this project will focus on justice systems infrastructure that will address civil
infractions and misdemeanors thought of as "quality of life violations," such as trespassing, dogs
off leash, burning, speeding, loud music, loitering, and other public nuisance actions that
diminish the overaU we11ness and peace of people Jiving in the tribal community. When these
stress as well as friction with their neighbors, which escalates, impacts personal health and
The project will begin with each tribe conducting a formal assessment of their justice
system needs and assets with assistance from a BJA-recommended technical assistance provider.
If they are available, the Consortium hopes to use the Center for Court Innovation to provide this
service. This process will include resource mapping. Many of the outcomes of such an
assessment can be anticipated since tribal leadership is already well aware of the issues and
challenges faced by their tribe. The findings of the assessment will be written and reviewed by
the full Judicial Council. The assessment will identify each tribe's current point of growth on the
continuum of developing a viable justice system (that includes a tribal court). Each tribe will
develop an action plan to take them where they need to go starting from where they are. Two of
the tribes do not yet have ordinances in place for quality of life violations. Their action plans will
involve the creation of a written and agreed-upon set of ordinances. California Indian Legal
Services (CILS) will be contracted to assist with ordinance development as necessary, with each
ordinance developed shared with other participating tribes to use as a model. Training will be
provided to j ustice system staff, tribal police, and tribal leadership as needed to implement the
envisioned justice system. The necessary personnel to support the functioning of tribal courts at
all four tribes will be hired. A qualified tribal judge presently presides over Hopland Tribe's
Tribal Wellness Comt, and this judge will be contracted to serve the tribal courts of all four
tribes once the courts are established. Funding for full court operations for all four tribes will be
A key feature of the proposed project, and one which that is innovative in the world of
tribal justice, is that four tribes have agreed to work together as a consortium to support one
another and to share justice system resources in our region. One of the functions of the project
will be to develop the organizational systems and processes necessary for the best functioning of
the Consortium, so that it can provide the greatest benefit to the four tribes. It is hoped that more
4. Describe specific tasks and activities that will help accomplish each project goal and
objective.
The Judicial Council has been formed and is meeting monthly (see below under 8.) The
Judicial Council will ensure that the justice system assessment (including resource mapping) will
be conducted at each tribe with technical assistance from the BJA-recommended technical
assistance provider. Findings of the assessment will be reviewed and the Judicial Council will
develop a written strategic plan for tribal court systems that makes provision for bringing each
tribe to its desired level of justice system functioning. Staff will be hired to support the project
and the tribal justice system, extending to aU four tribes. Once staff is hired, training will be
provided accordingly, e.g., to the court clerk and tribal court advocates, tribal court director,
tribal police, tribal leadership. The two tribes that do not have ordinances in place will develop
these with assistance from the two tribes that have already completed ordinances and from CILS
through a contractual agreement. Once tribal police are fully trained on the ordinances of their
respective tribe, they will begin issuing citations based on violation of the ordinances. The tribal
court judge will begin hearing cases as a result of the citations issued and will levy fines
accordingly. Hopland T1ibe is the only tribe with the resources to enforce community service
sentences at this time. As part of the strategic planning, all tribes will develop action plans for
funding and implementing a viable probation system that would support community service
The Judicial Council will develop an evaluation plan that will support continuous
improvement of the tribal justice systems and the tribal court director will oversee the
implementation of these evaluative processes at the direction of the Judicial Council. It should be
noted that Hopland Tribe is in the process of developing a Tribal Wellness Court supported by
CTAS funding to hear family and juvenile cases. A deferred entry of judgment model will be
5. Describe how the project will improve the functioning of tribal justice system and/or assist the
community in addressing issues related to alcohol and substance abuse or other priorities
The quality of life violations (civil infractions and misdemeanors) that will be addressed
through the proposed tribal justice system are those things that make daily living in the tribal
community unpleasant, unsafe, and stressful. Tribal community members have no recourse for
resolving these conflicts that arise and significantly impact community safety and wellness. The
resulting stress and discomfort caused by ongoing conflict contributes to family dysfunction,
substance abuse, and the incidence of community violence (both verbal and physical). The
ordinances and a tribal justice system that imposes consequences for antisocial behaviors that
Tribal leadership will give ongoing input into decisions made by the Judicial Council. A
"Law Day" will be held annually at each tribe. Members of each tribal community will be
invited to participate in an interactive presentation of the tribe's ordinances, tribal court, and
justice system. Participants will have an opportunity to give feedback on all aspects of the tribal
justice system. These Law Days will be utilized to gather evaluative input on how the quality of
life violation ordinances are working in the community and how the community feels about the
implementation of the justice system as it progresses. Key personnel within the tribal justice
system will have the opportunity to make presentations to the community about their role at the
Law Day. Furthermore, as part of the initial assessment, the tribal court director will facilitate
town hall meetings (one at each tribe) to gather input from the tribal community at large.
7. Explain how the Tribe plans to address victim safety concerns that may arise from the use of
technology, such as protecting victim confidentiality, helping victims create safety plans, and
No new victim safety concerns will arise from the use of technology with the
implementation of this project. The tribes already have strict confidentiality policies and
procedures in place. Victim safety concerns related to this project will be handled by adhering to
existing established policies and procedures. All victim info1mation will be securely stored.
8. Describe the Strategic Planning Advisory Board, including key stakeholders and decision
The strategic planning advisory body for this project is the Judicial Council, which meets
monthly. Each of the four tribes has designated one person from their u·ibal council to be the
primary voting member of the Judicial Council. An alternate has been selected as well. The
voting member and the alternate will attend all Judicial Council meetings. Other leadership/staff
from the tribes will be welcome at the Judicial Council meetings, but each tribe will have only
one vote. The U'ibal court judge and a representative from CILS will also attend all Judicial
Council meetings in an advisory capacity and they will not have a vote. In this way all key
stakeholders will be at the table. Decision-makers for each u·ibe will be voting members.
9. Describe the management structure, staffing, and in-house or contracted capacity to complete
The Judicial Council will oversee project activities. -fb_J( 5_J;_(b_J( 7_J(_CJ _ _ _ _ _ _ _ _lwill
report to the Judicial Council. fbJ(6J; (bJ(7J(CJ Iis the presiding judge for the Hopland Tribe's
Tribal Wellness Court. CILS will be contracted to provide attorney services as needed. CILS
offers free training to tribes in the development of ordinances as well as on other justice-related
topics. We are applying for Purpose Area 2 funding to hire a tribal court director to coordinate
strategic planning and subsequent implementation. One of the primary job duties for the
administrator will be to identify, apply for, and secure funding for the continuation of his/her job
position beyond the 18 months of CTAS funding . A dedicated director is necessary for the
success of this initiative because it involves the unique challenge of pulling together four
separate tribes to create one strategic plan. The personnel structure for the proposed project will
Project staff will include a fulltime court clerk to be shared by all four tribes and two
fulltime tribal court advocates. Each tribal court advocate will serve two of the four tribes. The
tribal court director and tribal court advocates will report directly to the Judicial Council. The
court clerk will work under the supervision of the tribal court director. If funding for the tribal
court director is not granted (see Purpose Area 2 Narrative), then the court clerk will be a part-
time position and only one advocate will be hired. Fundamental project activities can be
implemented with either staffing structure, however the scope of the project will need to be
revised significantly if funding for the tribal court director is not secured with Purpose Area 2
funding. Hopland Tribe is the lead applicant for the Consortium and will serve as the grantee,
performing all grant administration and fiscal responsibilities. Project personnel will be hired by
the Judicial Council. The Judicial Counci.l will develop a model for long-term collaborative joint
management of the tribal justice system (beyond the life of the grant-funded project period)
through the Consortium. We believe that if we can create a model for managing the tribal justice
system as a collaborative effort of the Consortium, then our model will be valuable for other
tribal consortia to replicate. FU1thermore, other area tribes will be approached and invited to join
The tribal police are essential to the success of the project and will be an integral part of
the planning and implementation of the tribal justice system . Tribal police will receive training in
the ordinances and will work closely with the judge and other justice system personnel to ensure
that those who violate the ordinances and receive citations experience appropriate consequences
through the court system. While three of the tribes have an existing tribal police, the MPA Tribe
does not. Determining how the MP A Tiibe can develop its own tribal police will be part of the
Project planning will be implemented by the Judicial Council, with representation from
all key community stakeholders. Each hibe will send only one designated voting member to the
monthly Judicial Council meetings. An alternate for each tribe will also attend most Judicial
Council meetings, but will not have a vote. Other tribal staff may also attend Judicial Council
meetings as appropriate. The Judicial Council will create a policy document that spells out the
roles of the membership, which will include a process for gaining input from their tribal
community on key issues. Implementation of the day-to-day project activities will be managed
by the tribal court director with assistance from staff as described above. During the initial
planning stages, the Judicial Council and key collaborators will attend a one-day retreat
organized and facilitated by the tribal court director and dedicated to strategic planning.
Judicial Council and the day-to-day activities of the tribal court director who will be responsible
11. Identify key community partners and define their roles in the proposed project.
The primary community partners involved in the project are the four tribes. Because the
Hopland Tribe is the furthest along on the path to creating a complete tribal justice system, tribal
leadership from the Hopland Tiibe will take on the role of mentors where appropriate for the
other three tribes and will assist them in taking the steps necessary to achieve the same results
that the Hopland Tribe has already realized. Also, the Hopland Tribe and the Cahto Tribe aheady
have ordinances in place to address quality of life violations (even though no cases are being
heard yet in a tribal court) and can therefore provide support to CVBPI and the MPA Tribe as
they create their own ordinances. The MPA Tribe will receive support and advice from the other
three tribes in developing a tribal police. Through implementation of its CTAS-funded Tribal
Wellness Court, the Hopland Tribe has established relationships with the Mendocino County
Probation Dept., Mendocino County Dept. of Health and Human Services, Consolidated Tribal
Health, Mendocino County Court System, and Mendocino County Sheriff's Dept. These existing
relationships will be leveraged to assist with the activities connected with the proposed JSCP.
12. Explain how the applicant will know if the program works.
The Judicial Council, with the advice and assistance of the tribal court director, wiU
develop an evaluation plan to collect and analyze data that will indicate the success of the project
in meeting its stated objectives. We will seek assistance from a BJA-recommended technical
assistance provider to develop the evaluation plan. Evaluative data will be collected by the
project staff and compiled in a database system by the court clerk. The tribal court director will
submit written reports monthly to the Judicial Council regarding evaluation findings about the
progress of the project. These evaluation findings will be reviewed by the Judicial Council; and,
if the project is failing to meet stated objectives, the Judicial Council will develop an action plan
to be implemented by project staff to keep the project on track and will monitor the
The success of the project will be determined based on the following outcome measures:
I) Each tribe has successfully engaged in resource mapping and produced their own justice
2) A written strategic plan for the operation of a sustainable intertribal justice system is
completed.
3) Each tribe has a written plan for how it will leverage its assets to respond to the needs
identified in the tribe's justice system needs and assets assessment; and a written action
plan for how it will approach needs identified in the assessment for which the tribe lacks
4) CVBPI and MPA Tribe will develop ordinances and put them in place.
6) Tribal police at each tribe wilJ start issuing citations for ordinance violations.
7) Each tribe will start hearing cases for ordinance violations and levying fines.
8) A JSCP evaluation plan will be implemented to evaluate the ability of the project to meet
Further measures of success, both quantitative and qualitative, will be developed with the
is hoped that we can find a method for collecting feedback from community members that will
allow us to measure an improvement in the quality of life that can be directly attributed to the
14. Describe how data will be collected and assessed to measure the impact ofproposed efforts:
It will be the responsibility of the tribal court director to ensure that the project meets
timelines and deliverables as set forth in the attached timeline (as well as those to be developed
as part of the evaluation plan with the help of the BJ A-recommended technical assistance
advisor). The tribal court director will also oversee data collection by project staff and entry of
this data into a database system by the court clerk. See the description of the evaluation above.
Although each tribe has its own data colJection system, a system that allows for data from all
system that can do this will be developed at part of the strategic planning and implementation
process and will be supported by the cow-t clerk who will review the many tribal court data
management systems on the market and make recommendations to the Judicial Council on which
ones to look at more closely. The Judicial Council will make a final decision about which system
to use and the court clerk will receive training in how to use it. Funding to purchase this system
Feedback from customers and stakeholders will be gathered by the Judicial Council
members and their alternates through conversations with members of their community and their
tribal leaders (Tribal Council). They will bring this feedback to every Judicial Council meeting.
The tribal court director will hold town hall meetings, one at each tribe, as part of the assessment
process. Feedback can also be gathered from the community at the annual Law Days.
Refer to the outcomes listed above under 13. Once the uibal justice systems are
operating, a host of quantitative measures can be used to assess impact. Some of those measures
appear on the chart below. These measures only apply once the tribal justice system is fully
functioning and they will be further developed as pa.it of the full evaluation plan.
in number, which will be evidence that the existence of the justice system is a deterrent to anti-
social behavior and is improving the quality of life in the tribal community. This measurement
would be beyond the scope of the three-year grant-funded project period; however it will be
15. How will evaluation and/or collaborative partnerships be used to leverage ongoing
resources and facilitate a long-tenn strategy to sustain the project when the federal grant ends ?
The foundation for the proposed project is sustainability. In voicing his support for the
can operate a comt for a few years on soft funding or the tribe can create the infrastructure
necessary to support a secure tribal court for generations to come. The JSCP is a visionary
initiative that seeks to build a sustainable tribal justice system that will serve all four tribes. It is
for this reason that the Consortium was fo1med in the first place. During the strategic planning
process, the Judicial Council will identify a range of funding sources that can be tapped to build
the justice system. The Consortium partnership will be leveraged to go after funds. We believe
that the ability of our four separate and distinct tribes to collaborate with each other is a new
approach and it will be attractive to funders at the local, regional, state, and federal levels.
16. Describe any challenges you anticipate in sustaining the program beyond the grant funding.
The biggest challenge to sustainability is maintaining the tribal court director position
because there is no one at this time who can assume the job duties of that position, which are
primary responsibility of the person hired in this position will be to find funding to keep that job.
The tribal court director will facilitate the creation of the court budget and then see that the
budget is balanced (ongoing), coordinate the development of the strategic plan and manage the
implementation of that plan, and identify and aggressively pursue funding to sustain and supp01t
the tiibal justice system in the future. The Consortium will provide support and assistance in
every way possible to secure this funding, including contributing funds for grant writing services
and access to other resources that will likely result in the procurement of the necessary funds to
17. For applicants who received funding from the FY 2011 CTAS Purpose Area #3 (Justice
The Hopland Tribe is the only one of the four tiibes to have received previous CTAS
funding under Purpose Area 3. The Hopland Tribe is in the middle of one year of planning and is
moving into implementation of a Tribal Wellness Court that will hear family and juvenile cases
and implement a deferred entry of judgment program (diversion program) to provide culturally
appropriate alternative sentences to adult and juvenile offenders in cases involving domestic
a. Explain how the activities contained in this proposal enhance your current BJA-funded grant
project(s); and
The Hopland Tribe is in an excellent position to mentor the other three tribes in the
Consortium in the process of developing ordinances, a tribal police force, and/or a tribal court
system. The Hopland Tribe will step into uncharted territory when it begins to enforce its
ordinances and hear cases based on quality of life violations set forth in the tribe's newly
developed ordinances. It is hoped that Hopland Tribe's Tribal Wellness Court activities
combined with the justice activities proposed in the JSCP will exponentially impact the health
and wellbeing of tribal community members living on the Hopland Rancheria. Furthermore,
those involved in the implementation of the Tribal Wellness Court will benefit from the
collaboration with other tribes that will be afforded by membership in the Consortium.
b. Explain how the activities contained in this proposal do not duplicate your current BJA-
The Hopland Tribe's Tribal Wellness Court focuses on defen-ed entry of judgment
programs in collaboration with the Mendocino County Court system. The proposed quality of
life violations that are the focus of the JSCP tribal justice system are a completely different
species of infractions, are addressed in a completely different spectrum of comt operations, and
are dictated by a set of tribal ordinances that are specific to the culture of each individual tribe.
Additionally three of the four tribes in the Consortium are not currently hearing any court cases
Purpose Area 3: The goal of the Justice System Consortium Project (.!SCP) is to create a sustainable justice system that will address day-to-day
problems that significantly impact the quality of Life in four Mendocino County tribal communities.
Purpose Area 2: The goal of the Consortium Court Strategic Planning Initiative is to create a viable plan for implementation of a sustainable tribal
justice system that will address day-to-day problems that significantly impact the quality of life in four Mendocino County tribal communities.
Purpose Area 3: The goal of the Justice System Consortium Project (.!SCP) is to create a sustainable justice system that will address day-to-day
problems that significantly impact the quality of Life in four Mendocino County tribal communities.
Purpose Area 2: The goal of the Consortium Court Strategic Planning Initiative is to create a viable plan for implementation of a sustainable tribal
justice system that will address day-to-day problems that significantly impact the quality of life in four Mendocino County tribal communities.
Purpose Area 3: The goal of the Justice System Consortium Project (.!SCP) is to create a sustainable justice system that will address day-to-day
problems that significantly impact the quality of Life in four Mendocino County tribal communities.
Purpose Area 2: The goal of the Consortium Court Strategic Planning Initiative is to create a viable plan for implementation of a sustainable tribal
justice system that will address day-to-day problems that significantly impact the quality of life in four Mendocino County tribal communities.
Inter-Governmental Agreement
Established 2012
This Inter-Governmental Agreement hereby establishes the Northern California lntertribal Court
System (the Court System), a court of limited jurisdiction, which shall be the court of record for a
consortium of Northern California Tribes.
The Court System shall be governed by the Northern California lntertribal Judicial Council
(Judicial Council). The Judicial Council shall consist of representatives from member Tribes that
have agreed to participate in the Court System by passing a resolution authorizing the Tribe's
Chairperson or other designated governing official to enter into this Governing Agreement.
Each member Tribe shall pass a resolution appointing one representative and one alternate for
initial appointments or any change in representatives. The representatives from each member
Tribe must be elected governing officials for the Tribe they will be representing. While a
member Tribe may send more than one representative to attend and participate in Judicial
Council meetings, each member Tribe will only have one vote on any proposed Judicial Council
actions.
The Judicial Council shall establish its own bylaws and policies for the Court System. All
policies of the Judicial Council shall be passed by a 2/3 vote of a quorum of 2/3 of the Judicial
Council members.
Among other governing authority the Judicial Council shall have the authority to appoint Judges
to the Court System and enter into contracts.
The safety and security of the Court System staff and participants is the first priority of the Court
System and will always supersede any other immediate obligations or responsibilities of the
Court System.
The Judicial Council will handle all membership applications, revocations, suspensions,
withdraws and requirements. To become a member of the Court System (member Tribe), a
Tribe must submit an application that conforms to the process establis.hed by policy of the
Judicial Council. All Tribes requesting membership in the Court System shall pay an annual feel
the amount of which will be determined by the Judicial Council.
·----------------
Section 105. Jurisdiction
The jurisdiction of the Court System shall extend to all lands, persons, and subject matter as set
forth below or to the fullest extent authorized by applicable law.
PART A. Territory
The Court System's jurisdiction shall include all territory within the boundaries of the member
Tribes of the Court System or other areas defined by a member Tribe of the Court System as its
"Indian Country".
PART B. Persons
The jurisdiction of the Court System shall extend to all persons, entities, or organizations within
the territory of the member Tribes of the Court System to the fullest extent authorized by all
applicable law. If the person, entity, or organization is not within the territory of the Court
System, the Court System's personal jurisdiction still attaches to the following people, entities,
or organizations:
The jurisdiction of the Court System shall extend to all matters authorized by the tribal laws and
ordinances of the member Tribes and not otherwise prohibited by applicable law.
Nothing in this Governing Agreement shall be construed to allow a member Tribe to be sued.
However, an individual member Tribe may waive its sovereign immunity for a specific case by
passing a tribal resolution, ordinance, or constitution signed by the designated officials in
accordance with each member Tribe's laws.
The Terms of this Governing Agreement commence on the date of its execution and continue
until a Tribe is no longer a member of the Court System either by withdrawal or revocation. If
the agreement terminates for one Tribe because of withdrawal from or revocation of
membership the Governing Agreement will continue to be in effect for the remaining member
Tribes.
----------------------~·-····· ·---~~
Section 108. Amendments
This Agreement may be amended by a decision of 2/3 of the Judicial Council with the entire
Judicial Council present.
The terms of this Governing Agreement shall be binding on all successors in interest of each
member Tribe.
The provisions of this Governing Agreement are severable, and the invalidity of any provision or
portion of this Agreement shall not affect the validity of any other provision or portion of this
Agreement, thus leaving the remaining provisions or portions of the Agreement in full force and
effect.
(b)(6)
This Agreement may be amended by a decision of 2/3 of the Judicial Council with the entire
Judicial Council present.
The terms of this Governing Agreement shall be binding on all successors in interest of each
member Tribe.
The provisions of this Governing Agreement are severable, and the invalidity of any provision or
portion of this Agreement shall not affect the validity of any other provision or portion of this
Agreement, thus leaving the remaining provisions or portions of the Agreement in full force and
effect.
(b)(6)
(b)(6)
. ~(01(6)
(b)(6)
Re olution # 12-02-23A
Entering into the Northern California Intertribal Court System and appointing
Shawn Padi as the Tribe's Primary Representative and Pamela Espinoza as the
Tribe's Alternate Representative to the Judicial Council
WHEREAS: The Hopland Band of Porno Indians ("Tribe") is a federally recognized Indian Tribe
recognized by the United States of America as a Sovereign Government; and
WHEREAS: The Hop land Band of Pomo Indians is eligible for all rights and privileges afforded to
federally recognized Indian Tribes· and
WHEREAS : The Hopland Band of Pomo Indians Tribal Council ("Tribal Council") is the duly
authorized body of the Tribe to exercise full governmental responsibilities and is
empowered to make Tribal policy and can-y out Tribal business; and
WHEREAS: Pursuant to Alticle XIII of the Tribe's Constitution tbe Tribal Council must establish
appoint Judges to and create duties and procedures for a Tribal Court and
WHEREAS: Establishing and administering a stable sustainable and successful Tribal Court requires
an on-going and significant commitment of time, energy and resources, a burden which
can be shared with other Tribes through the fonnation of an Intertribal Court System· and
WHEREAS: On February 23 , 2012 the Tribal Council evaluated the Northern California Intertribal
Cou1t System ("lntertribal Court") Inter-Governmental Agreement.
The Hop land Band of Porno Indians will join the Intertribal Court; and
fbl( 5l Ishall be the Tribe' s primary representative on the Intertribal Court Judicial Council
until otherwise established by Tribal resolution; and
(b)(6)
Volume 3 - Page 212
O)(C)
r
I
~-_ _ _ _ _ _ _ _ _ _,. ,. . . . ., shall be the Tribe's alternative representative on the Intertribal
Court Judicial Council until otherwise established by Tribal resolution and shall vote when the
Tribe's primary representative is not present at meetings of the Intertribal Court Judicial Council.
CERTIFICATION
Date
Date
Resolution 2012-02-07 #3
WHEREAS: The Cahto Tribe of the Laytonville Rancheria ("Tribe") is a federally- recognized
Indian Tribe with jurisdiction of the Indian Lands of the Laytonville Rancheria and organized
pursuant to the Articles of Association of February 12, 1967 as amended January 28, 2006; and
WHEREAS: The General Council is the governing body of the Tribe, and the Executive
Committee consists of the elected leadership of the Tribe which has certain Enumerated
powers, including to "promote the health, education and general welfare of the members of the
Tribe ... through efficient tribal-wide business management of tribal administrative and
economic development affairs," and to "form or join Tribal courts/consortia now existing or yet
to be formed for the purpose of exercising the Tribes civil and criminal jurisdiction and
protecting the rights and interests of the Tribe's members including, but not limited to, those
rights and interests in the Indian Child Welfare Act." Cahto Tribe Articles of Associates, Art. VIII,
(C) and (N).
WHEREAS: The Cahto Tribe Executive Committee recognizes the importance of establishing
a tribal court system and on February 7, 2012 evaluated the Northern California lntertribal Court
System Inter-Governmental Agreement.
NOW THEREFORE BE IT RESOLVED: that the Cahto Tribe Executive Committee is authorized to
sign the Northern California lntertribal Court System Inter-Governmental Agreement and join
the Northern California lntertribat Court System.
l._ _l _ _ _ _ _ _ _ _ _ _ _~lare
<b_J(6 the authorized signers according to the Cahto Tribe's
Articles of Association.
CERTI Fl CATION
This is to certify that the Cahto Executive Committee adopted the above Resolution at a duly
ca lied meeting on February 07,2012 at which a quorum was present, by a vote of___d:' for, ..t2_
against, and ..fl abstained.
ATTEST:
---
Date: _? /
<::'L;t
I
z,I1(2 _,,
I '
RESOLUTTO o: 02-29-12-04
A RESOLUTION OF THE OF THE COYOTE VALLEY TRIBAL COUNCIL OF THE COYOTE VALLEY
BAND OF POMO I DIANS APPROVT G THE TRIBE JOINING OF THE NORTEHRN CALI FOR IA
INTERTRIBAL COURT SY TEM.
WHEREAS: the Coyote Valley Band of Pomo Indians also known as the Coyote Valley Band of Pomo Indians
of California (the "Tribe") is a federally recognized Indian tribe; and
WHEREA the Tribe adopted the Document mbodying the Laws Customs and Traditions of the Coyote
Valley Band of Pomo Indians on October 4, 1980 (the "Constitution'); and
WHEREAS: Article IV Section 2 of the Constitution provides that the governing body of the Tribe is the
General Council ("General Council")· and
WHEREAS: Article TV ection 3 of the Constitution provides that the Triba l Council shall exerci e
concurrently with the General Council all powers delegated to it by the General Council and
otherwise vested in the Triba l Council by the Consthution- and
WHEREAS: On February 22 2012 the Triba l Council of the Coyote Valley Band of Pomo lndians evaluated
the Northern California lntertribal Court System inter-Government Agreement.
NOW THEREFORE BE IT RESOLVED that the Coyote Valley Tribal Council hereby approves the Coyote
Valley Band of Pomo Indians joining of the orthern Cal ifornia lntertribal Court ystem and authorizes the Triba l
Chairman to execute the authorizing resolution .
BE IT FURTHER RESOLVED, that this Resolution shall become effective as of the date and time of its passage
and approval by the Tribal Council.
CERTIFICATION
The foregoing Resolution was approved b~e Coyote Valley ribal Council at duly called meeting held February
29, 2012 by a vote of l (\Yea Nay;:t2'~bstentions at which a quorum was present. This resolution has not
been amended or resc~d in any way.
(b)(6)
Date
Date
r I
WHEREAS: the Coyote Valley Band of Pomo Indians, also known as the Coyote Valley Band
of Pomo Indians of California (the "Tribe") is a federally recognized Indian tribe;
and
WHEREAS: the Tribe adopted the Document Embodying the Laws, Customs and Traditions of
the Coyote Valley Band of Pomo Indians on October 4, 1980 (the "Constitution");
and
WHEREAS: Article IV, Section 2 of the Constitution provides that the governing body of the
Tribe is the General Council ("General Council"); and
WHEREAS: Article IV, Section 3 of the Constitution provides that the Tribal Council shall
exercise concurrently with the General Council, all powers delegated to it by the
General Council and otherwise vested in the Tribal Council by the Constitution;
and
WHEREAS: On February 22, 2012 the Tribal Council of the Coyote Valley Band of Pomo
Indians evaluated the No1them California Intertribal Court System Inter-
Government Agreement; and
NOW THEREFORE BE IT RESOLVED, that the Coyote Valley Tribal Council hereby
approves the Coyote Valley Band of Pomo Indians joining of the Northern California Inte1tribal
Court System and authorizes the Tribal Chairman to execute the authorizing resolution.
BE IT FURTHER RESOLVED, that this Resolution shall become effective as of the date and
time of its passage and approval by the Tribal Council.
The foregoing Resolution was approved by the Coyote Valley Tribal Council at duly called
meeting held March 21 2012 by a vote of _£Yea, s/2_ Nay q;2_ Abstentions, at which a
quorum was present. This resolution has not been amended or rescinded in any way.
{b)(6)
Date
Date
Chitf Executive The M.anchester Band of Pomo Indians ("the Tribe") is a federally recognized Indian tribe organized
ru!lW pursue.nt to the Constitution of the Manchester Band ofPomo Indians of Manchester-.Point Arena Rancheria
Christine Oukot7. (the "Ro.ncheria"), approved by the Secretary of the [nterior on March 11, 1936; and
WBEREAS: Pursuant to Article III, Section J of the Tribe's Constitution and Bylaws the Community Council is
the governing body of the Tribe, and pursuant to Article lV, Section l(g) the Community CouncH has the power to
delegate its authority to the Business Committee ("the Tribal Council"); and
WHEREAS: In 1981, the Community Council, by its Resolution #0025, delegated broad authority to the Tribal
Council to enable the Tribe to continue conducting its business and governance activities between Community
Council meetings; and
WHEREAS: The Community Council reaffinned its previous delegation of authority to the Tribal Council by
adopting Resolution #2009-407-11-14.-09 to bind the Tribe to contracts of any nature permitted by law, including
but not limitecl to loans, intergovernmental agreements, design and construction.contracts, and contracts for
professional and other services. This authority includes the power to grant waivers of the Tribe's sovereign
immunity upon a finding of necessity by the Tribal Council, with recourse limited to the assets of the Tribe's
economic dev~lopment activities and its Revenue Sharing Trust Fund allocations, but not including other assets of
the Tribe, such as tribal lands, grant funding, or savings~ and to enact resolutions and ordinances that It finds
necessary to the creation and maintenance of a safe and productive environment on the Rancheria for the Tribe's
members, its ~conomic development projects and for all persons entering the RRncheria,; and
WHEREAS, The Tribal Council met on Febmary 19, 2012 to discuss and evaluate joining in a consortium of
iribes in the Northern California Intertribal Court System (NClCS) and the proposed Inter-Governmental
Agreement establishing the NCICS; and
WHEREAS, The Tribal Council now finds that joining NCICS will ensure that the health, safety and well-being
of the tribal citizens, those with whom we conduct business, and other in the community, will be well served by
providing a fair and equitable justice system; and
NOW THEREFORE BE lT RESOLVED THAT, The Tribal Council hereby affinns that It is authorized to enact
resolutions and ordinances necessary for the creation and maintenance o( n safe, healthy and productive
environment on the Rancherin for the Tribe's members, its economic development projects, and for aJI persons
entering the R.ancheria; and
BE FURTHER RESOLVED, that the Tribal C01mcil hereby joins the Northern Ca.lifomfa lntertribal Court System,
in order to hear civil or criminal cases emanating on Tribal lands or lands Ullder the jurisdiction of the Tribe, or in
matter of the Tribe, that may improve the health, safety and well-being of the tribal citizens, those with whom we
conduct business and others in the community; and
,BE FURTHER RESOLVED; that Kbl(6> Lis authorized to sign the Northern California
lntertribal Court System's lnJer-G(Tl}ernmental Agreement, and the ! b)(6J ►ball serve as the Tribe's
representative to the Northern California lntertribal Court System's Judicial Council.
CERTIFICATION
The foregoing Resolution Wl\S adopted by a vote of]. For, and Q_Opposed, and Q.Abstentfons, at a duly called
meeting of the Community Council of the Manchester Band of Pomo Indians of the Manchester Rancheria at
which a quorum was present, on this 19th day of February, 2012, and that this Resolution has not been changed,
rescinded, or amended in anyway.
'b)(6)
~0)(6)
Re: Northern California lntertnoal Court System Consortium CTAS 2012 Grant Application
On behalf of Cehto Tribe of the Laytonville Rancheria, I am pleased to offer this letter of support
to the Northern California lntertribal Court System (NCICS) Consortium in support of your
Coordinated Tribal Assistance Solicitation (CTAS) grant application to the U.S. Department of
Justice.
To address the justice system challenges faced by tribes in California, four Tribes in Mendocino
County California have formed the NCICS Consortium. 1bis is a new collaborative effort among
tnoes in this area of California.
In 1953 Public Law 280 (P.L. 280) transferred jurisdiction over felony and misdemeanor violations
from the federal to the state government in five states, including California. P .L. 280 did not carry
with it additional resources for ta.bes or states to address Indian country needs. Additionally certain
jurisdictional gaps were created leaving many "quality of lifeu violations outside of state or federal
jurisdiction. For example - because civil regulatory laws do not apply in Indian Country - many
issues such as animal control, burning rubbish and dumping trash are not able to be enforced
without tribal laws or courts.
For many years California Tribes were without courts due to lack of funding. The CTAS has
provided the opportunity for funding for Tnl>es who are interested in creating their own justice
systems. Still, the majority of California Tnoes find creating a sustainable comt system an
overwhelming challenge. One part of this challenge is that Tnbes compete nationwide for a limited
amount of fimding. This already competitive process becomes more daunting when you consider
that there are 110 federally recognized tribes in California all with relatively small populations
compared to Tribes outside of California.
The NCICS Consortium will develop each Tribe's ability to address the jurisdictional gaps of P.L.
280 along with other unaddressed justice needs of the four member Tribes and to create culturally
appropriate sentencing opportunities for their communities. A major focus of the NCICS
Consortium is to create a strategic plan for a sustainable tnoal justice system with the potential to
serve even more local Tribes in the future.
In conclusion, we support the NCICS Consorti.um CTAS 2012 grant application being submitted to
the U.S. Department of Justice, and we welcome the opportunity to work with your Tn"bal Court.
Sincerely,
0)(6) ~ ,
r
'-----------------'babto Tribe of the Laytonville Rancheria
Volume 3 - Page 225
C OYOTE VALLEY TRIBAL COUNCIL
7601 North State Street
P.O.Box39
Redwood Valley, CA 95470
(707) 485-8723 • FAX (707) 485-1247
f bJ(6) I
Aopland Band of Pomo Indians
3000 Shanel Road
Hopland, California 95449
Re: Northern California lntertribal Court System Consortium CTAS 2012 Grant Application
On behalf of the Coyote Valley Band of Pomo Indians, I am pleased to offer this letter of support to the
Northern California lntertribal Court System (NCICS) Consortium in support of your Coordinated Tribal
Assistance Solicitation (CTAS) grant application to the U.S. Department of Justice.
To address the justice system challenges faced by tribes in California, four Tribes in Mendocino County
California have formed the NCICS Consortium . This is a new collaborative effort among tribes in this
area of California.
In 1953 Public Law 280 (P.L. 280) transferred jurisdiction over felony and misdemeanor violations from
the federal to the state government in five states, including California. P.L. 280 did not carry with it
additional resources for tribes or states to address Indian country needs. Additionally certain
jurisdictional gaps were created leaving many "quality of life" violations outside of state or federal
jurisdiction. For example - because civil regulatory laws do not apply in Indian Country - many issues
such as animal control, burning rubbish and dumping trash are not able to be enforced without tribal
laws or courts.
For many years California Tribes were without courts due to lack of funding. The CTAS has provided
the opportunity for funding for Tribes who are interested in creating their own justice systems. Still, the
majority of California Tribes find creating a sustainable court system an overwhelming challenge. One
part of this challenge is that Tribes compete nationwide for a limited amount of funding. This already
competitive process becomes more daunting when you consider that there are 110 federally
recognized tribes in California all with relatively small populations compared to Tribes outside of
California.
The NCICS Consortium will develop each Tribe's ability to address the jurisdictional gaps of P.L. 280
along with other unaddressed justice needs of the four member Tribes and to create culturally
appropriate sentencing opportunities for their communities. A major focus of the NCICS Consortium is
to create a strategic plan for a sustainable tribal justice system with the potential to serve even more
local Tribes in the future.
In conclusion, we support the NCICS Consortium CTAS 2012 grant application being submitted to the
U.S. Department of Justice, and we welcome the opportunity to work with your Tribal Court.
Eloisa Oropeza
Secretary Re: Northern California lntertribal Court System Consortium CTAS 2012 Grant Application
Chie{EncutiYc
Officer Dearl~<b_l<_Bl _ _ _ __
Christine Dukatz
On behalf of the Manchester Band of Pomo Indians, I am pleased to offer this letter of support to the
Northern California Intertribal Court System (NCICS) Consortium in support of your Coordinated Tribal
Assistance Solicitation (CT AS) Grant Application to the U.S. Department of Justice.
To address the justice system challenges faced by tribes in California, four Tribes in Mendocino County
California have formed the NCICS Consortium. This is a new collaborative effort among tribes in this area
of California.
In 1953 Congress passed Public Law 83-280 (P .L.280) which transferred jurisdiction over felony and
misdemeanor violations from the federal government to the state government in five states, including
California. However, P.L. 280 did not carry with it the addition resources for tribes or the states to address
the needs in Indian Country. Additionally, certain jurisdictional gaps were created leaving many "quality of
life" violations outside of state or federal jurisdiction. For example, because civil regulatory laws do not
apply in Indian Country, many issues such as animal control, burning rubbish and dumping trash are not able
to be enforced without tribal laws or courts.
For many years California Tribes were without courts due to lack of funding. The CTAS has provided the
opportunity for funding for tribes who are interested in creating their own justice systems. Still, the majority
of California tribes find creating a sustainable court system as overwhelming challenge. One part of this
challenge is that tribes compete nationwide for a limited amount of funding . This already competitive
process becomes more daunting when you consider that there are 110 federally recognized tribes in
California, all with relatively small populations when compared to tribes outside of California.
The NCI CS Consortium will develop each Tribe's ability to address the jurisdictional gaps of P.L. 280 along
with other unaddressedjustice needs of the four member Tribes, and to create culturally appropriate
sentencing opportunities for their communities. A major focus of the NCICS Consortium is to create a
strategic plan for a sustainable tribal justice system, with the potential to serve even more local Tribes in the
future.
In conclusion, we support the NCI CS Consortium's CTAS 2012 Grant Application being submitted to the
U.S. Department of Justice. We welcome this opportunity and look forward to working with your Tribal
Court in the future.
Sincerely,
cc: file
Re: Northern California lntertribal Court System Consortium CTAS 2012 Grant Application
Dear l. . _l _ _ _ __.
' b-J( 5
California Indian Legal Services is pleased to offer this letter of support to the Northern
California Intertribal Court System (NCICS) Consortium in support of your Coordinated Tribal
Assistance Solicitation (CTAS) grant application to the U.S. Department of Justice.
To address the justice system challenges faced by tribes in California, four Tribes in Mendocino
County California have formed the NCICS Consortium. This is an exciting, new collaborative
effort among tribes in this area of California and Hopland ' s leadership is very appreciated in this
effort.
In 1953 Public Law 280 (P.L. 280) transferred jurisdiction over felony and misdemeanor
violations from the federal to the state government in five states, including California. P.L. 280
did not carry with it additional resources for tribes or states to address Indian country needs.
Additionally certain jurisdictional gaps were created leaving many "qual ity of life" violations
outside of state or federal jurisdiction. For example - because civil regulatory laws do not apply
in Indian Country - many issues such as animal control, burning rubbish and dumping trash are
simply not able to be enforced without tribal laws or courts.
For many years California Tribes were without any courts due to lack of funding. The CTAS has
provided the opportunity for funding for Tribes who are interested in creating their own justice
systems. Still, the majority of California Tribes find creating a sustainable court system an
overwhelming challenge. One part of this challenge is that Tribes compete nationwide for a
limited amount of funding. This already competitive process becomes more daunting when you
consider that there are 110 federally recognized tribes in California all with relatively small
populations compared to Tribes outside of California.
The CICS Consortium will develop each Tribe ' s ability to address the jurisdictional gaps of
P .L. 280 along with other unaddressed justice needs of the four member Tribes and to create
culturally appropriate sentencing opportunities for their communities. A major focus of the
CICS Consortium is to create a strategic plan for a sustainable tribal justice system with the
C!!ll!hratilw
('-.
Owr -10 l"!.!ars o(Adrocucr
. . .fhr !hi! Ri11,hts of'Nuti,·I!
. '-
Volume 3 - Page
,,.J111l.!ricu11s and I ndian Trihl.!s ..
l, ,
229 a
April 12, 2012
Page 2 of2
In conclusion, we support the NCI CS Consortium CTAS 2012 grant application being submitted
to the U.S. Department of Justice, and we welcome the opportunity to continue our work with
your Tribal Court.
Sincerely,
Re: Northern California Intertribal Court System Consortium CTAS 2012 Grant Application
Dearf.....bl_(6_J _ _ _....,
On behalf of the Superior Court of the County of Mendocino, I am pleased to offer this letter of
support to the Northern California Intertribal Court System (NCICS) Consortium in support of
your Coordinated Tribal Assistance Solicitation (CTAS) grant application to the U.S.
Department of Justice.
To address the justice system challenges faced by tribes in California, four Tribes in Mendocino
County California have formed the NCICS Consortium. Tiris is a new collaborative effort
among tribes in this area of California.
In 1953, Public Law 280 (P .L. 280) transferred jurisdiction over felony and misdemeanor
violations from the federal to the state government in pve states, including California. P.L. 280
did not carry with it additional resources for tribes or states to address Indian country needs.
Additionally certain"jurisdictional gaps were created leaving many "quality oflife" violations
outside of state or federal jurisdiction. For example - because civil regulatory laws do not apply
in Indian Country- many issues such as animal control, burning rubbish and dumping trash are
not able to be enforced without tribal laws or courts. ·
For many years California Tribes were without courts due to lack of funding. The CTAS has
provided the opportunity for funding for Tribes who are interested in creating their own justice
systems. Still, the majority of California Tribes find creating a sustainable court system an
overwhelming challenge. One part ofthis challenge is that Tribes compete nationwide for a
limited amount of funding. This already competitive process becomes more daunting when you
Volume 3 - Page 231
Ukiah Courthouse I JOO North State Street # Ukiah, CA 95482 1 (707) 468-2055 1 FAX (707) 463-4424
consider that there are 110 federally recognized tribes in California all with relatively small
populations compared to Tribes outside of California.
The NCICS Consortium will develop each Tribe's ability to address the jurisdictional gaps of
P .L. 280 along with other unaddressed justice needs of the four member Tribes and to create
culturally appropriate sentencing opportunities for their commW1ities. A major focus of the
NCICS Consortium is to create a strategic plan for a sustainable tribal justice system with the
potential to serve even more local Tribes in the future.
In conclusion, we support the NCICS Consortium CTAS 2012 grant application being submitted
to the U.S. Department of Justice, and we welcome the opportunity to work with your Tribal
Court.
Sincerely~
(b)(6); (b)( 7) (C)
Judicial Council
Attendees - l(bl( 6l
John motion to appoint l(bl( 6l ~s leader, l(bl( 6l !seconds. Hopland is designated lead tribe, no
abstentions or nays .
Motion to appoint Rose court clerk for NCICS and secretary for meetings .
fb_l(6_l _ _ _ _. . ,I - motion to amend Agenda to include selection of Triba l Court Judge. l(bl( 6l
.... !seconds.
No abstentions or nays .....
l(b_l( 6_l _ _.n, otion to add items 4 - new business; 5 - adjourn. No abstentions or
nays. Motion to approve revised agenda - no abstentions or nays.
2. Appoint Judge
Consortium v. Triba l applications under purpose areas 2 and 3. MPA isn't going to apply . Cahto is on ly
app lying for PA 1. CV won't app ly for PA 2 or 3. Hopland to discuss internally and give an answer soon.
Discussion about Tribal Community and Justice Profi le Part B. Each Tribe designated contact person for
~ t o follow up w ith.
Discussion about PA 2 - focus on strategic planning for NCICS (18 month position).
Discussion about PA 3 - justice systems and drugs/a lcoho l. Requested numbers and stories that
illustrate problem from each tribe.
Volume 3 - Page 234
4. New Business
NCICS Judicial Council needs to send letter Hopland as lead tribe, and authorized to apply for CTAS on
behalf of NCICS consortium. Discussion re:
A letter of designation should be fine, as long as it follows the guidelines on the TJSW for "evidence
of tribal authority to apply" so that it clearly shows that each tribe is authorizing the lead tribe to
apply on behalf of the consortium. I would recommend that the same signatures appear on the
letter as appear on the current signed agreement.
fbJ(6l !motion to send letter meeting the above - seconded, no abstentions or nays.
fbl(6) !motion for fb)(B);(bl(7 HCJ ~s NCICS' liason in Tribal Court/State Court forum and any capacity
with CA Judicial Council and AOC; state and federal law enforcement and legal entities.
6
fbl(6l Imation to havel<
.....b_J<_l _ _ _ _ ___.lattend June 12-14 BIA Central Policy Annual Tribal
Leadership meeting. Motion passes no abstentions or nays.
5. Adjourn.
12:19 p.m.
Todo:
Cahto Tribe
of the Laytonville Rancheria
•
Coyote Valley
Band of Pomo Indians
• Hopland
Band of Pomo Indians
M anchester Point Arena Band
of Pomo Indians
SEMI-ANNUAL PROGRESS REPORTING FOR BJA FY 11 CTAS PURPOSE AREA 3: JUSTICE SYSTEMS, AND
ALCOHOL AND SUBSTANCE ABUSE PROGRAM
1. Indicate the status of each goal due for completion but carried over from a previous reporting period due
to implementation or other problems.
There were no goals carried over as t his is the first reporting period.
2. State the status of each goal which was scheduled to be achieved during the report.
The overarching goal of the Justice System Consortium Project {)SCP) is to create a sustainable justice
system that will address day-to-day problems that significantly impact the quality of life in four
Mendocino County tribal communities. In order to reach this overarching goal, the JSCP seeks to
ach ieve the following objectives (note t hat the tribes use the term "ordinance" to mean "law" or
" code"):
1) To build adequate infrastructure for the tribes to manage and administer their courts individually
and to work toget her, supporting one another as a collaborative consortium.
2) To conduct a justice system needs and assets assessment at each tribe.
3) To develop a written action plan for how each tribe will approach needs identified in the tribe's
just ice system needs and assets assessment for which they lack adequate resources to address
those needs.
4) To explore ways in which the tribes can support each other and leverage resources across tribes so
that all four tribes have the ability to implement strong just ice systems, based on individual tribal
needs and assets, in the fut ure.
5) To develop and/or expand the capacity of each tribal court to hear cases for ordinance violations;
for two of the tribes, th is will require the fundamental development of the ordinances. (Note that
the two tribes with ordinances in place have not as yet been able to hear cases based on violations
of the ordinances in a tribal court.)
6) To fully train tribal police in tribal law, including how to issue citations, court procedures, and the
tribal ordinances (in some instances yet-to-be-developed).
Cahto Tribe
of the Laytonville Rancheria
•Coyote Valley
Band of Pomo Indians
• Hopland
Band of Pomo Indians
Manchester Point Arena Band
of Pomo Indians
7) To bring each tribe to the point where tribal police issue citations for violations of ordinances
and, as a result, the tribal court judge hears cases based on these violations and levies fines.
8) To use the Hopland Tribe's Tribal Wellness Court as a model and to facilitate a mentoring
relationship provided by the Hopland Tribe so explore the possibility of translating this model
into use at the other three tribes.
9) To develop and implement an ongoing evaluation process for continuous improvement of the
tribal j ustice systems that result from the project.
None of the above objectives were scheduled to be achieved during the report period. Most of the funds
expended have gone toward the hiring process for the Northern California Inter Tribal Court Consortium
Director Position. We expect to have the position filled by the end of the next reporting period.
The Chief Judge and the Tribal Attorney conducted preliminary needs and assets assessments for two of the 4
member tribes. They traveled to the Coyote Valley Band of Pomo Indians Reservation and the Manchester Point
Arena Band of Pomo Indians Reservation to meet with the entire tribal council, introduce the court, discuss what
laws each tribe has in place, and what laws are needed. They also toured the reservation facilities to determine
where the physical court hearings and meetings may take place once cases begin to be filed. We have also
received copies of all of the Cahto Tribe of the Laytonville Rancheria's Ordinances which will be reviewed during
the next reporting period to determine any revisions or additions needed.
Finally the Chief Judge Scheduled all four phases of the Comprehensive Planning Demonstration Project with Fox
Valley Technical College, the technical assistance provider for PA 2.
3. State the corrective action planned to resolve implementation problems and state the effect of these
problems on the remaining schedule for achieving the project remaining goals.
We plan to have the Director hired by the end of February 2013. The director will then lead the implementation
of the rest of the grant objectives. Because we will be hiring the director late, we will be starting our planning
late and we will need an extension on the 18 month period.
4. If appropriate, identify changes that are needed in the implementation plan specified in the grant
application to overcome problems. Changes that alter plans and/or goals set forth in the application
require prior grantor agency approval and issuance of a Grant Adjustment Notice (GAN).
Cahto Tribe
of the Laytonville Rancheria
•Coyote Valley
Band of Pomo Indians
• Hopland
Band of Pomo Indians
Manchester Point Arena Band
of Pomo Indians
5. State what t echnical assistance the granter agency might provide during the next six month period to help
resolve implementation problems. If technical assistance has been provided to resolve implementation
problems, state the problems (or tasks) addressed and the results (or impact) of the assistance provided .
6. Based on the performance measures set forth in the grant application (implementation plan), indicate in
quantitative terms the results (of the project) achieved both during the reporting period and cumulative-
to-date. Explanatory and qualifying statements will be helpful here, especially if project objectives have
changed.
We have conducted a nationwide search for our Director position and received responses several qual ified
applicants. We have also started a local search for the Court Clerk position. We have conducted preliminary
needs and assets assessments for 2 of the 4 member tribes.
This report is generated for the Hopland Band of Pomo Indians grantee for federal award number 2012-IC-BX-0019. The award amount is$
750,000. It reflects performance measurement data for the period October 1 - December 31, 2012. Any funds reported only represent an
estimate of dollars allocated or used for activities covered by this award.
Project Description
The Department of Justice developed a comprehensive and coordinated approach for tribal governments to apply for funding to reduce and
prevent crime and victimization. Through this process, the Department's existing tribal government-specific programs are included in, and
available through a single Coordinated Tribal Assistance Solicitation (CTAS). Through this solicitation, only one application was accepted from
each federal recognized tribe to encourage comprehensive assessments of need and planning. Each t ribe could apply for funding under up to
ten purpose areas, which included funding from the Office of Community Oriented Policing (COPS), Office of Justice Programs (including BJA,
Office for Victims of Crime, and Office of Juvenile Justice and Delinquency Prevention) and Office on Violence Against Women. The tribe had
the flexibility to select the purpose areas whose funding addressed the needs of the tribe as outlined in its tribal and community profile. There
were ten purpose areas total, and Purpose Area 3 was dedicated to Justice Systems, and alcohol and substance abuse. The Tribal Courts
Assistance Program (TCAP) will fund a portion of the projects selected for award through purpose area 3. Tribes were encouraged to apply for
funds under one or more of the following goals and objectives: to develop and enhance the operation of Tribal justice systems; to train Tribal
justice staff; to plan new or enhance existing various Tribal courts, such as peacemaking courts, healing to wellness courts, sentencing circles,
and other alternative justice courts; and to support diversion programs, Tribal probation services, and alternative dispute resolution methods.
The Hopland Band of Pomo Indians will serve as the lead agency responsible for administering the award funding on behalf of the Northern
California Inter-tribal Court System. Hopland Band will use FY 2012 CTAS funds in the amount of $750,000 to focus on improvements in t ribal
court services and justice system infrastructure enhancements for the four northern California tribes that have joined together to create the
Northern California Inter-tribal Judicial Council. This Judicial Council includes t he following tribes: Hopland Band of Pomo Indians, Cahto Tribe of
the Laytonville Rancheria, Coyote Valley Band of Pomo Indians, and Manchester-Point Arena Band of Pomo Indians. These four tribes are each
at a different stage in the development of justice systems in their own tribal community. This project will pool resources and knowledge to
support the creation of sustainable justice systems with their own set of ordinances and functioning tribal court. Grant funds will be expended
for staff salary and benefits, training, supplies (including software and hardware), and indirect costs. CA/NCF
Baseline Measures
-------------------------
Task Force Biographical Questions Data as of January 30, 2013
5. What is the native and non-native population in your service area?
A. Number of native members in your service area 2,384
B. Number of non-native members in your service area 500
6. What is the estimated number of individuals anticipated to be served
with this grant?
A. Number of native members anticipated to be served with this grant 25
B. Number of non-native members anticipated to be served with this
grant 5
7. Are court activities funded fully or partially with the BJA grant? BJA TCAP grant and other source(s) of funding
8. Indicate the type of model court program being used with your BJA grant
A. Is a model court program being used for the tribal court? (if yes,
indicate the type, below) Volume 3 - Page 240 No
B. Peacemaking court No
D. Sentencing circle No
F. Western Court No
H. Other Yes
B. Peacemaking court No
D. Sentencing circle No
F. Western court No
H. Other No
D. Law enforcement No
E. Court Yes
F. Other Yes
G. If other, please explain N□CS Judicial Council Members
25. Number of new civil, criminal codes or policies established for the tribal
court 0
26. Number of civil or criminal codes or policies updated or amended for the
tribal court 0
27. Was a tribal court implemented No
28. Was a specialty court implemented
A. Was a specialty court implemented during the reporting period? (if
yes, indicate the type, below) No
B. Peacemaking court No
H. Other No
B. If yes, please enter the amount used for equipment and/or supplies
during the reporting period 179.29
32. Indicate the type of equipment and/or supplies purchased with the TCAP
grant
A. Computers No
B. Printers or scanners No
C. Fax machines No
D. Software No
G. Cameras No
I. Other Yes
E. n/a n/a
34. Number of cases filed in the court 0
35. Number of cases heard or handled in the court
A. Total number of cases heard or handled in the court during the
reporting period 0
B. Of the number of cases reported in A, the number that were native
members 0
36. Number of individuals who received a court assessment Volume 3 - Page 243 0
~·H·iliiiHIHili·UE•lf-
l
. [No Comments Entered] _
Response:
We have conducted a nationwide search for our Director position and received responses from several qualified applicants. We have also begun a local search
for the Court Clerk position. We have conducted preliminary needs and assets assessments for two of the 4 member tribes.
Question: What goals were accomplished, as they relate to your grant application?
Response:
We have not accomplished any grant goals yet.
Question: What problems/barriers did you encounter, if any, within the reporting period that prevented you from reaching your goals or milestones?
Response:
None to report at this time.
Question: Is there any assistance that BJA can provide to address any problems/barriers identified in question #3 above?
Response:
No
n/a
Question: Are you on track to fiscally and programmatically complete your program as outlined in your grant application? (Please answer YES or NO and if
no, please explain.)
Response:
Yes
n/a
Question: What major activities are planned for the next 6 months?
Response:
The next six months will focus on hiring all staff and completing the preliminary needs and assets assessments for each of the 4 tribes.
Question: Based on your knowledge of the criminal justice field, are there any innovative programs/accomplishments that you would like to share with BJA?
Response:
Not at this time.
Cahto Tribe
of the Laytonville Rancheria
•
Coyote Valley
Band of Pomo Indians
• Hopland
Band of Pomo Indians
I
Manchester Point Arena
Band of Pomo Indians
1. Indicate status of each goal that was due for completion during a previous reporting period but
carried over due to implementation of other problems.
2. State the status of each goal which was scheduled to be achieved during the report
GOAL: To create a sustainable justice system that will address day-to-day problems that significantly
impacts the quality of life in four Mendocino County tribal communities:
STATUS: We held hearings for the first time at the Cahto Tribe of the Laytonville Rancheria Tribal Court.
The Cahto Tribal Court now has a monthly docket that is well attended by community members. We
provided some training to Cahto Tribal Police department on issuing, serving and filing citations. We
assessed the Cahto P.O. filing systems and made some suggestions for improvements to the
infrastructure. We continue to work on our PA 2 strategic planning which is reported in detail under
that grant.
3. State the corrective action planned to resolve implementation problems and state the effect of
these problems on the remaining schedule for achieving the project remaining goals.
Recruiting and retaining qualified personnel is an ongoing challenge for the NCICS and our member
tribes. After a long, resource intensive search for our Director, we had two candidates decline the
position. This has been a huge setback for all aspects of the NCICS. We decided to change course for
our PA 3 budget and staffing. After assessing what the needs of the NCICS were and what were the
minimum positions needed to make the NCICS a success. We decided to create a full time manager
position and a full time court clerk. This meant we will not be hiring court advocates during this grant
cycle as we had planned in our application. We have already posted the positions and expect to have
them filled by the next reporting period. While these problems set us back in some of our
implementation we still expect to meet the project goals. We may however need a GAN to extend the
grant since our hiring is happening later than we anticipated.
5. State what technical assistance the grantor agency might provide during the next six month
period to help resolve implementation problems. If technical assistance has been provided to
resolve implementation problems, state the problems (or tasks) addressed and the results (or
impact) of the assistance provided.
6. Based on the performance measures set forth in the grant application (implementation plan),
indicate in quantitative terms the results (of the project) achieved both during the reporting
period and cumulative-to-date. Explanatory and qualifying statements will be helpful here,
especially if project objectives have changed.
M EASURE 1: Each tribe has successfully engaged in resource mapping and produced their own justice
system needs and assets assessment.
RESULTS: Each tribe has participated in the Phase 1 strategic planning as part of t he Purpose Area 2
grant. As part of Phase 2 each Tribe has met with the Planning Project Manager to create a draft tribal
profile and identify m issing data sets.
MEASURE 2: A written strategic plan for the operation of a sustainable intertribal justice system is
completed.
MEASURE 3: Each tribe has a w ritten plan for how it will leverage its assets to respond to the needs
identified in the tribe's justice system needs and assets assessment; and a written action plan for how it
will approach needs identified in the assessment for which the tribe lacks adequate resources t o
address.
RESULTS: We have not begun work on this measure yet due to hiring delays.
M EASURE 4: Coyot e Valley Band of Pomo Indians (CVBPI} and Manchest er Point Arena Band of Pomo
Indians (M PA) will develop ordinances and put them in place.
RESULTS: CVPI has begun discussions with the Tribal Attorney consultant for t he proj ect to identify t he
codes they would like to begin to develop. M PA has some ordinances that they can use to issue
cit ations but need some forms and inst ruct ions for utilizing t hese codes in Tribal Court.
RESULTS: We have not begun work on this measure yet due to hiring delays.
M EASURE 6: Tribal police at each tribe will start issuing citations for ordinance violations.
RESULTS: The Cahto Police Department has begun issuing citations. We provided some training to Cahto
Tribal Police department on issuing, serving and filing citations. We assessed the Cahto P.O. filing
systems and made some suggestions for improvements to the infrastructure. We will continue to work
with MPA and CVPI to begin issuing citations.
M EASURE 7: Each tribe will start hearing cases for ordinance violations and levying fines.
RESULTS: The Cahto Tribal Court now has a monthly docket t hat is well attended by community
members. The Hopland Band of Pomo Indians (HBPI) has an ongoing docket but has been utilizing other
grant funding for court costs. We will continue to work with MPA and CVPI to begin issuing citations and
move those citations into the court system.
MEASURE 8: An evaluation plan will be implemented to evaluate the ability of the project to meet its
objectives and achieve the outcomes listed above.
RESULTS: We have not begun work on this measure yet due to hiring delays.
This report is generated for the Northern California Intertribal Court System Consortium grantee for federal award number 2012-IC-BX-0019.
The award amount is$ 750,000. It reflects performance measurement data for the period January 1 - June 30, 2013. Any funds reported only
represent an estimate of dollars allocated or used for activities covered by this award.
Project Description
The Department of Justice developed a comprehensive and coordinated approach for tribal governments to apply for funding to reduce and
prevent crime and victimization. Through this process, the Department's existing tribal government-specific programs are included in, and
available through a single Coordinated Tribal Assistance Solicitation (CTAS). Through this solicitation, only one application was accepted from
each federal recognized tribe to encourage comprehensive assessments of need and planning. Each tribe could apply for funding under up to
ten purpose areas, which included funding from the Office of Community Oriented Policing (COPS), Office of Justice Programs (including BJA,
Office for Victims of Crime, and Office of Juvenile Justice and Delinquency Prevention) and Office on Violence Against Women. The tribe had
the flexibility to select the purpose areas whose funding addressed the needs of the tribe as outlined in its tribal and community profile. There
were ten purpose areas total, and Purpose Area 3 was dedicated to Justice Systems, and alcohol and substance abuse. The Tribal Courts
Assistance Program (TCAP) will fund a portion of the projects selected for award through purpose area 3. Tribes were encouraged to apply for
funds under one or more of the following goals and objectives: to develop and enhance the operation of Tribal justice systems; to train Tribal
justice staff; to plan new or enhance existing various Tribal courts, such as peacemaking courts, healing to wellness courts, sentencing circles,
and other alternative justice courts; and to support diversion programs, Tribal probation services, and alternative dispute resolution methods.
The Hopland Band of Pomo Indians will serve as the lead agency responsible for administering the award funding on behalf of the Northern
California Inter-tribal Court System. Hopland Band will use FY 2012 CTAS funds in the amount of $750,000 to focus on improvements in t ribal
court services and justice system infrastructure enhancements for the four northern California tribes that have joined together to create the
Northern California Inter-tribal Judicial Council. This Judicial Council includes t he following tribes: Hopland Band of Pomo Indians, Cahto Tribe of
the Laytonville Rancheria, Coyote Valley Band of Pomo Indians, and Manchester-Point Arena Band of Pomo Indians. These four tribes are each
at a different stage in the development of justice systems in their own tribal community. This project will pool resources and knowledge to
support the creation of sustainable justice systems with their own set of ordinances and functioning tribal court. Grant funds will be expended
for staff salary and benefits, training, supplies (including software and hardware), and indirect costs. CA/NCF
Program Activity 9: Development and Enhancement of Tribal Justice Systems and Courts Including Sentencing
Diversion Programs and Alternatives to Incarceration
Baseline Characteristics
Task Force Biographical Questions Data as of July 30, 2013
3. Will you be providing direct services to individuals with this grant? No
4. What is the estimated number of individuals anticipated to be served with
this grant? NR
5. Do you have an operational Tribal Court? Yes
6. What is the total number of civil cases filed in the court for the 3 months
before the start of the grant?A civil case is considered filed if it has been
placed on the court docket (schedule). Please enter zero (0) if the Tribal
Court, in the 3 months before the start of the grant, did not oversee civil
Full-Time Part-Time
Full-Time Part-Time Full-Time
Contract Contract
Employees Employees Nonpaid Staff
Personnel Personnel
12. Please complete the matrix below. Include the number of part-time or full-time personnel who were hired to work with the program, either as
employees, contract personnel, or nonpaid staff during the reporting period. Please only count those persons once in the reporting period in which they
started performing program activitieslf you are retaining any employees (paying the salary of existing employees with this grant), report these individuals
under the "Employees" section.
Judges 0 0 0 1 0 0
Full-Time
Employees
Part-Time
Employees
hi:MUflf
. -rx:zwzt
12. Please complete the matrix below. Include the number of part-time or full-time personnel who were hired to work with the program, either as
employees, contract personnel, or nonpaid staff during the reporting period. Please only count those persons once in the reporting period in which they
started performing program activitiesif you are retaining any employees (paying the salary of existing employees with this grant), report these
individuals under the "Employees" section.
Defense Attorneys/Public
Defenders 0 0 0 0 0 0
Prosecutors 0 0 0 0 0 0
Court Administrators 0 0 0 0 0 0
Paralegal(s) 0 0 0 0 0 0
Administrative Assistant(s) 0 0 0 0 0 0
Information Technology
(IT) Personnel 0 0 0 0 0 0
Social Workers (e.g., LCSW) 0 0 0 0 0 0
Case Managers 0 0 0 0 0 0
Chemical Dependency
Counselors (e.g., licensed
addiction counselors, family
counselors) 0 0 0 0 0 0
Probation Officers 0 0 0 0 0 0
Program
Coordinator/Director 0 0 0 0 0 0
Other 0 0 0 1 0 0
. .
. . .
.. I
. •
~
t t • I • t t • I •
Judges O O O O O 0
Defense Attorneys/Public
Defenders 0 0 0 0 0 0
Prosecutors 0 0 0 0 0 0
Court Administrators 0 0 0 0 0 0
Paralegal(s) 0 0 0 0 0 0
Administrative Assistant(s) 0 0 0 0 0 0
Case Managers 0 0 0 0 0 0
Chemical Dependency
Counselors (e.g., licensed
addiction counselors, family
counselors) 0 0 0 0 0 0
Probation Officers 0 0 0 0 0 0
Law Enforcement Officers 0 0 0 0 0 0
Program
Volume 3 - Page 252
Coordinator/Director 0 0 0 0 0 0
Personnel
Performance Measurement
Jan • Mar 13 Apr · Jun 13
12. If other, please explain.
Performance Measurement
Jan· Mar 13 NR
Apr· Jun 13 NR
Jan - Mar 13 civil infractions of the Cahto Peace and Security Ordinance
Apr - Jun 13 Civil infractions under the Cahto Peace and Security Code
61. How many civil cases were heard before a judge during
the reporting period? Please include all cases. 0 15
62. How many civil cases were closed during the report.ing
period? A civil case is considered closed when a case is
dismissed or a judgment has been rendered in the case. 0 5
63. Were civil or criminal codes or policies updated or newly
added during the reporting period? Select "Yes" if any
eligible tribes are in the process of w riting or updating codes
or policies. No No
64. How many new civil or criminal codes or policies have
been developed for the tribe(s) or Tribal Court during the
reporting period? Civil codes and policies help to resolve
disputes between individuals and/or organizations and
define the rights of the individuals.Criminal codes or policies
define what is considered a crime or a wrongful act and set
an appropriate consequence for committing the crime or
wrongful act. NR NR
65. How many civil or criminal codes or policies were updated
or amended for the t ribe(s) or Tribal Court during the
reporting period? NR NR
66. Explain the status of code or policy revisions. The complete
date, a link to the code Web site, or any other information
may be provided. (Please enter N/A if not applicable.)
Jan - Mar 13 NR
Apr- Jun 13 NR
67. Does the Tribal Court meet the statutory requirements for
exercising expanded sentencing authority for criminal cases
under the Tribal Law and Order Act? No No
68. I f no, does the Tribal Court have a plan to start exercising
expanded sentencing authority? No No
69. Were any Tribal resolutions identified that are necessary
for the court to begin exercising expanded sentencing
authority during the reporting period? NR NR
70. Have Tribal resolutions that are necessary for the court to
begin exercising expanded sentencing authority been voted
on and approved during the reporting period? Please
only select "Yes" when a resolution has been voted on AND
approved. Report only for the reporting period in which the
resolution was passed. NR NR
71. As a resu lt of grant activities, how many Tribal Prosecutors
have been appointed as Special Assistant U.S. Attorneys
during the reporting period? The Tribal Law and Order Act
authorizes and encourages U.S. Attorneys to appoint Special
Assistant U.S. Attorneys to prosecute crimes in Indian
Country. 0 0
Response:
The Cahto Tribe of the Laytonville Rancheria, one of the NCICS member tribes, had their first docket of cases ...ever!
Question: What goals were accomplished, as they relate to your grant application?
Response:
GOAL: To create a sustainable justice system that will address day-to-day problems that significantly impacts the quality of life in four Mendocino County
tribal communities:
We held hearings for the first time at the Cahto Tribe of the Laytonville Rancheria Tribal Court. The Cahto Tribal Court now has a monthly docket that is well
attended by community members. We provided some training to Cahto Tribal Police department on issuing, serving and filing citations. We assessed the
Cahto P.O. filing systems and made some suggestions for improvements to the infrastructure. We continue to work on our PA 2 strategic planning which is
reported in detail under that grant.
Question: What problems/barriers did you encounter, if any, within the reporting period that prevented you from reaching your goals or milestones?
Response:
Recruiting and retaining qualified personnel is an ongoing challenge for the NCICS and our member t ribes. After a long, resource intensive search for our
Director, we had two candidates decline the position. This has been a huge setback for all aspects of the NCICS. Without any staff in place all planning,
implementation and court work has fallen to the Planning Project Team, all of whom are contractors whom do not reside locally. We are not as far along in
our planning as we hoped to be as a result of not finding a suitable director and needing to change course completely for our PA 2 budget and staffing.
Question: Is there any assistance that BJA can provide to address any problems/barriers identified in question #3 above?
Response:
Yes
Notifications about any employment related training focused on recruiting and retraining qualified employees in rural areas offering noncompetitive salaries.
Also, your training opportunities could be more sensitive to the fact that the tribes in our Consortium are forced to run on a very lean staff due to financial
resources and qualified candidate pools for jobs. Requiring any of our staff to travel for a day is hard enough, a week out of the office for training is nearly
impossible. Anything longer is out of the question.
Question: Are you on track to fiscally and programmatically complete your program as outlined in your grant application? (Please answer YES or NO and if
no, please explain.)
Response:
Yes
NR
Question: What major activities are planned for the next 6 months?
Response:
Begin working on codes for Coyote Valley Band of Pomo Indians. Create forms for Manchester Point Arena Band of Pomo Indians to use. Present a report on
the development and status of the Hopland Wellness Court for the NCICS Judicial Council. Hire more staff.
Question: Based on your knowledge of the criminal justice field, are there any innovative programs/accomplishments that you would like to share with BJA?
Response:
Not at this time.
Question: Please explain the status of the enhanced sentencing authority in the tribe(s) being provided with services.
Response:
Not applicable.
Question: As a grantee, are there collaboration efforts occurring between you and the Indian tribe(s), specifically the Tribal public defender and any other
entity in your service area? If so, please describe these efforts. If not, please explain.
Response:
We do not have a Tribal public defender.
*NR = not reported
Cahto Tribe
of the Laytonvilie Rancheria
•Coyote Va lley
Band of Pomo Indians
Hopland
Band of Pomo Indians
Manchester Point Arena
Band of Pomo Indians
1. Indicate st atus of each goal that was due for completion during a previous reporting period but
carried over due to implementation of other problems.
We were unable to previously fill the position of Court Director. After reworking the job title to Tribal
Court Manager and increasing the salary we had another round of applicants and were finally able to fill
the position from a group of qualified candidates. Due to this f ull time salaried Manager we were no
longer in need of our contracted Project Manager. We were also able to fill the position of Court Clerk
with a highly qualified applicant. Our Consortium now has two full time salaried employees. In order to
fill these two positions we needed to eliminate the advocate position in order to raise the salaries and
make the positions more appealing to qualified candidates.
2. State the status of each goal w hich was scheduled to be achieved during the report
GOAL: To create a sustainable justice system that will address day-to-day problems that significantly
impacts the quality of life in four Mendocino County tribal communities:
STATUS:
Prior to filling the Manager and Clerk positions, the Judge and the Attorney continued to fill these roles.
This included extensive work on the hiring of both of these positions, two rounds of drafting and revising
job descriptions, reviewing applicant's submitted materials, and interviewing applicants. Since hiring
the new staff, the Judge and the Attorney have dedicated time to training the new staff to take over all
administrative and management functions of the court. This process is still ongoing to a lesser extent.
Contractors have also appeared for all court hearings, Judicial Council monthly meetings and PA 2
Strategic Planning sessions. The Attorney has also drafted the section 17 incorporation documents for
review and revision by the Judicial Council.
Due to our new full time employees we have been able to begin building an adequate infrastructure for
the tribal courts and consortium. We now have a fully functioning and up to date database system with
all our current cases from the t ribes of the consortium. The tribal court staff wi ll also be conducting a
3. State the corrective action planned to resolve implementation problems and state the effect of
these problems on the remaining schedule for achieving the project remaining goals.
Due to the unexpected late hiring of court staff we will need to submit a request for a modification and
possibly a brief extension. We do not expect for the late hiring to have any further negative impacts on
the project in the future.
4. If appropriate, identify changes that are needed in the implementation plan specified in the grant
application to overcome problems. Changes that alter plans and/or goals set forth in the
application require prior grantor agency approval and issuance of a Grant Adjustment Notice
{GAN).
Due to the unexpected lat e hiring of court staff we may possibly need to submit an extension request.
We wi ll also be seeking a GAN and requesting funds to be moved from salary to contract for our tribal
attorney since we were unable to hire tribal advocates in order to afford our full t ime court staff.
5. State what technical assistance the grantor agency might provide during the next six month
period to help resolve implementation problems. If technical assistance has been provided to
resolve implementation problems, state the problems (or tasks) addressed and the results (or
impact) of the assistance provided.
6. Based on the performance measures set forth in the grant application (implementation plan),
indicate in quantitative terms the results (of the project) achieved both during the reporting
period and cumulative-to-date. Explanatory and qualifying statements will be helpful here,
especially if project objectives have changed.
MEASURE 1: Each tribe has successfully engaged in resource mapping and produced their own justice
system needs and assets assessment.
RESULTS: Each t ribe has participated in the Phases 1 and 2 of strategic planning as part of t he Purpose
Area 2 grant.
MEASURE 2: A written strategic plan for the operat ion of a sustainable intertribal justice system is
completed.
RESULTS: This is being addressed in the Purpose Area 2 grant. We expect to have a written plan
completed by April.
MEASURE 3: Each tribe has a written plan for how it will leverage its assets to respond to the needs
identified in the tribe's just ice system needs and assets assessment; and a written action plan for how it
RESU LTS: This is being addressed in the Purpose Area 2 grant. We expect to have a written,
comprehensive plan completed by April which w ill address sustainability, infrastructure, and responding
to t he needs of the community.
MEASURE 4: Coyote Valley Band of Pomo Indians (CVBPI) and Manchester Point Arena Band of Pomo
Indians (MPA) will develop ordinances and put them in place.
RESULTS: CVBPI is in the process of finalizing and passing their ordinances in order to begin issuing
citations and hearing these matters in their own Tribal Court. We expect to hear our first cases in
CVBPl's Tribal Court within the first half of 2014. We will continue t o work with MPA to develop
ordinances and put them in place.
MEASURE 5: MPA Tribe will begin st eps toward creating a tribal police.
RESULTS: We have not begun work on this measure yet due to change in personnel and leadership at
MPA.
M EASURE 6 : Tribal police at each tribe will start issuing citations for ordinance violations.
RESULTS: Hopland and Cahto are already issuing citations. CVBPI Tribe is currently beginning t he process
to issue citations. Once their ordinances are approved and passed they will begin a warning period and
then begin the issuance of citations. We will continue to work with MPA to begin issuing citations.
M EASURE 7 : Each tribe will start hearing cases for ordinance violations and levying fines.
RESULTS: The Cahto Tribal Court and Hopland Tribal Court both have a monthly docket t hat is well
attended by community members. The Hopland Band of Pomo Indians (HBPI) has an ongoing docket
but has been utilizing other grant funding for court costs. That alternative grant funding has now come
to an end. CVBPI is expected to start issuing citations shortly and then wi ll begin to hear those matter
within their own Tribal Court. We expect their Tribal Court to commence within the next 6 months. We
will cont inue to work with MPA to begin issuing citations and move those citations int o the court
system.
MEASURE 8: An evaluation plan will be implemented to evaluate the ability of the project to meet its
objectives and achieve the outcomes listed above.
RESULTS: We have not begun work on this measure yet due to hiring delays. Since we now have two full
time employees we expect to begin work on this during t he next grant reporting period. Our emphasis
thus far has been on the strategic planning process.
This report is generated for the Northern California Intertribal Court System Consortium grantee for federal award number 2012-IC-BX-0019.
The award amount is$ 750,000. It reflects performance measurement data for the period July 1 - December 31, 2013. Any funds reported only
represent an estimate of dollars allocated or used for activities covered by this award.
Project Description
The Department of Justice developed a comprehensive and coordinated approach for tribal governments to apply for funding to reduce and
prevent crime and victimization. Through this process, the Department's existing tribal government-specific programs are included in, and
available through a single Coordinated Tribal Assistance Solicitation (CTAS). Through this solicitation, only one application was accepted from
each federal recognized tribe to encourage comprehensive assessments of need and planning. Each tribe could apply for funding under up to
ten purpose areas, which included funding from the Office of Community Oriented Policing (COPS), Office of Justice Programs (including BJA,
Office for Victims of Crime, and Office of Juvenile Justice and Delinquency Prevention) and Office on Violence Against Women. The tribe had
the flexibility to select the purpose areas whose funding addressed the needs of the tribe as outlined in its tribal and community profile. There
were ten purpose areas total, and Purpose Area 3 was dedicated to Justice Systems, and alcohol and substance abuse. The Tribal Courts
Assistance Program (TCAP) will fund a portion of the projects selected for award through purpose area 3. Tribes were encouraged to apply for
funds under one or more of the following goals and objectives: to develop and enhance the operation of Tribal justice systems; to train Tribal
justice staff; to plan new or enhance existing various Tribal courts, such as peacemaking courts, healing to wellness courts, sentencing circles,
and other alternative justice courts; and to support diversion programs, Tribal probation services, and alternative dispute resolution methods.
The Hopland Band of Pomo Indians will serve as the lead agency responsible for administering the award funding on behalf of the Northern
California Inter-tribal Court System. Hopland Band will use FY 2012 CTAS funds in the amount of $750,000 to focus on improvements in tribal
court services and justice system infrastructure enhancements for the four northern California tribes that have joined together to create the
Northern California Inter-tribal Judicial Council. This Judicial Council includes the following tribes: Hopland Band of Pomo Indians, Cahto Tribe of
the Laytonville Rancheria, Coyote Valley Band of Pomo Indians, and Manchester-Point Arena Band of Pomo Indians. These four tribes are each
at a different stage in the development of justice systems in their own tribal community. This project will pool resources and knowledge to
support the creation of sustainable justice systems with their own set of ordinances and functioning tribal court. Grant funds will be expended
for staff salary and benefits, training, supplies (including software and hardware), and indirect costs. CA/NCF
Full-Time Part-Time
Full-Time Part-Time Full-Time
Contract Contract
Employees Employees Nonpaid Staff
Personnel Personnel
12. Please complete the matrix below. Include the number of part-time or full-time personnel who were hired to work with the program, either as
employees, contract personnel, or nonpaid staff during the reporting period. Please only count those persons once in the reporting period in which they
started performing program activitieslf you are retaining any employees (paying the salary of existing employees with this grant), report these individuals
under the "Employees" section.
Judges 0 0 0 0 0 0
Full-Time
Employees
Part-Time
Employees
.
MIM·ii
. -£]E%@£A
12. Please complete the matrix below. Include the number of part-time or full-time personnel who were hired to work with the program, either as
employees, contract personnel, or nonpaid staff during the reporting period. Please only count those persons once in the reporting period in which they
started performing program activitiesif you are retaining any employees (paying the salary of existing employees with this grant), report these
individuals under the "Employees" section.
Defense Attorneys/Public
Defenders 0 0 0 0 0 0
Prosecutors 0 0 0 0 0 0
Court Administrators 1 0 0 0 0 0
Paralegal(s) 0 0 0 0 0 0
Administrative Assistant(s) 0 0 0 0 0 0
Information Technology
(IT) Personnel 0 0 0 0 0 0
Social Workers (e.g., LCSW) 0 0 0 0 0 0
Case Managers 0 0 0 0 0 0
Chemical Dependency
Counselors (e.g., licensed
addiction counselors, family
counselors) 0 0 0 0 0 0
Probation Officers 0 0 0 0 0 0
Program
Coordinator/Director 0 0 0 0 0 0
Other 0 0 0 0 0 0
. .
. . .
.. I
. •
~
t t • I • t t • I •
Judges O O O O O 0
Defense Attorneys/Public
Defenders 0 0 0 0 0 0
Prosecutors 0 0 0 0 0 0
Court Administrators 1 0 0 0 0 0
Paralegal(s) 0 0 0 0 0 0
Administrative Assistant(s) 0 0 0 0 0 0
Case Managers 0 0 0 0 0 0
Chemical Dependency
Counselors (e.g., licensed
addiction counselors, family
counselors) 0 0 0 0 0 0
Probation Officers 0 0 0 0 0 0
Law Enforcement Officers 0 0 0 0 0 0
Program
Volume 3 - Page 264
Coordinator/Director 0 0 0 0 0 0
Personnel
Performance Measurement
Jul - Sep 13 Oct - Dec 13
12. If other, please explain.
Jul - Sep 13 NR
Oct - Dec 13 Court Clerk
Jul - Sep 13 NR
Oct - Dec 13 NR
Jul - Sep 13 Civil Infractions of the Cahto Peace and Security Code
Oct- Dec 13 Civil infractions under the Cahto Peace and Security Code
61. How many civil cases were heard before a judge during the
reporting period? Please include all cases. 15 12
62. How many civil cases were closed during the reporting
period? A civil case is considered closed when a case is
dismissed or a judgment has been rendered in the case. 0 3
63. Were civil or criminal codes or policies updated or newly
added during the reporting period? Select "Yes" if any eligible
tribes are in the process of writing or updating codes or
policies. No No
64. How many new civil or criminal codes or policies have
been developed for the tribe(s) or Tribal Court during the
reporting period? Civil codes and policies help to resolve
disputes between individuals and/or organizations and define
the rights of the individuals.Criminal codes or policies define
what is considered a crime or a wrongful act and set an
appropriate consequence for committing the crime or
wrongful act. NR NR
65. How many civil or criminal codes or policies were updated
or amended for the t ribe(s) or Tribal Court during the
reporting period? NR NR
66. Explain the status of code or policy revisions. The complete
date, a link to the code Web site, or any other information
may be provided. (Please enter N/A if not applicable.)
Jul - Sep 13 NR
67. Does the Tribal Court meet the stat utory requirements for
exercising expanded sentencing authority for criminal cases
under the Tribal Law and Order Act? No No
68. If no, does the Tribal Court have a plan to start exercising
expanded sentencing authority? No No
69. Were any Tribal resolutions identified that are necessary
for the court to begin exercising expanded sentencing
authority during the reporting period? NR NR
70. Have Tribal resolutions that are necessary for the court to
begin exercising expanded sentencing authority been voted
on and approved during the reporting period? Please
only select "Yes" when a resolution has been voted on AND
approved. Report only for the reporting period in which the
resolution was passed. NR NR
71. As a resu lt of grant activities, how many Tribal Prosecutors
have been appointed as Special Assistant U.S. Attorneys
during the reporting period? The Tribal Law and Order Act
authorizes and encourages U.S. Attorneys to appoint Special
Assistant U.S. Attorneys to prosecute crimes in Indian Country. 0 0
72. As a result of grant activities, was training provided to assist
Tribal prosecutors in receiving Special Assistance U.S.
Attorney designations? The Tribal Law and Order Act
authorizes and encourages U.S. Attorneys to appoint Special
Assistant U.S. Attorneys to prosecute crimes in Indian Country.
Volume
No
3 - Page 266 No
Oct - Dec 13 NR
Performance Measurement
Jul - Sep 13
1. During the reporting period, did you serve or provide direct
services to a nonincarcerated population of program
participants?
A. Select Yes or No (I f no, skip this section) No No
Jul - Sep 13 NR
Oct - Dec 13 NR
Jul - Sep 13 NR
Oct - Dec 13 NR
Jul - Sep 13 NR
Volume 3 - Page 268
6. If yes, please enter the number of facilities and/or providers of mental health, substance abuse, and primary care services that were NEWLY
AVAILABLE to your program participants during the reporting period. Please do not count new facilities/providers that have been reported in a previous
reporting period.
Mental Health NR NR
Substance Abuse NR NR
Primary care NR NR
*NR = not reported
Response:
We were able to staff our Tribal Court with two salaried full t ime employees. We now have a full time Manager and Court Clerk that can fully support the
project and the tribal court system.
Question: What goals were accomplished, as they relate to your grant application?
Response:
GOAL: To create a sustainable justice system that will address day to day problems that significantly impacts the quality of life in four Mendocino Counties.
Prior to filling the Manager and Clerk positions, the Judge and the Attorney continued to fill these roles. This included extensive work on the hiring of both of
these positions, two rounds of drafting and revising job descriptions, reviewing applicant's submitted materials, and interviewing applicants. Since hiring the
new staff, the Judge and the Attorney have dedicated time to training the new staff to take over all administrative and management functions of the court.
This process is still ongoing to a lesser extent. Contractors have also appeared for all court hearings, Judicial Council monthly meetings and PA 2 Strategic
Planning sessions. The Attorney has also drafted the section 17 incorporation documents for review and revision by the Judicial Council.
Due to our new full time employees we have been able to begin building an adequate infrastructure for the tribal courts and consortium. We now have a fully
functioning and up to date database system with all our current cases from the tribes of the consortium. The tribal court staff will also be conducting a "law
day" wherein staff will travel to each tribal community to present information and answer questions about the court system in order to bring community
awareness of the Tribal Court, and to also conduct needs assessments of the community and to encourage feedback of concerns and how the tribal court can
assist members.
Question: What problems/barriers did you encounter, if any, within the reporting period that prevented you from reaching your goals or milestones?
Response:
We were unable to fill the positions of Court Manager and Court Clerk in a timely manner due to lack of qualified applicants, and therefore did not fill these
positions until almost a full year after the grant began. We were also unable to hire a Tribal Advocate since it was necessary to eliminate that position in
order to raise the salaries of the Court Manager and Clerk to make the positions more appealing to qualified candidates. This hiring delay was a barrier we
overcame since we now have these two full time positions staffed and we do not believe this will have any lasting impact beyond needing a modification and
possibly an extension to finish all grant resources.
Question: Is there any assistance that BJA can provide to address any problems/barriers identified in question #3 above?
Response:
No
NR
Question: Are you on track to fiscally and programmatically complete your program as outlined in your grant application? (Please answer YES or NO and if
no, please explain.)
Response:
No
No. Due to the fact that we were unable to hire our staff until almost a full year after our grant began we may possibly have to request an extension in order
to fiscally and programmatically complete our program.
Question: What major activities are planned for the next 6 months?
Response:
CVBPI are passing their ordinances in order to begin issuing citations and hearing cases in their tribal court. We expect to begin hearing CVBPI cases within
the next few months.
Question: Based on your knowledge of the criminal justice field, are there any innovative programs/accomplishments that you would like to share with BJA?
Response:
Not at this time.
Question: Please explain the status of the enhanced sentencing authority in the tribe(s) being provided with services.
Response:
Not applicable.
Question: As a grantee, are there collaboration efforts occurring between you and the Indian tribe(s), specifically the Tribal public defender and any other
entity in your service area? If so, please describe these efforts. If not, please explain.
Response:
We do not have a Tribal Public Defender.
*NR = not reported
Cahto Tribe
of the Laytonville Rancheria
•Coyote Valley
Band of Pomo Indians
Hopland
Band of Pomo Indians
Manchester Point Arena
Band of Pomo Indians
1. Indicate status of each goal that was due for completion during a previous reporting period but
carried over due to implementation of other problems.
Due to the fact that it took longer than expected to fill the position of Tribal Court Director and Court
Clerk, our draft written justice systems strategic plan was not completed as scheduled. We have now
completed our draft plan and it was submitted in April, 2014 for the BJA to review.
2. State the status of each goal which was scheduled to be achieved during the report
GOAL: To create a sustainable justice system that will address day-to-day problems that significantly
impacts t he quality of life in four M endocino County tribal communities:
STATUS:
In January 2014, Coyote Valley Band of Pomo Indians passed their Law and Order Ordinances ahead of
schedule. The Coyote Valley Police Department was then able to begin issuing citations to all t hose in
violation of the newly passed ordinances. In March of 2014, the Coyote Va lley Tribal Court had its first
ever docket, again ahead of schedule. Since then, t hey have co nt inued t o issue citations and we have
had a continuous active docket at Coyote Valley.
3. State the corrective action planned to resolve implementation problems and state the effect of
these problems on the remaining schedule for achieving the project remaining goals.
Due to the unexpected late hiring of court staff we will need to submit a request for a modification and
possibly a brief extension. We do not expect for the late hiring to have any further negative impacts on
t he project in the future.
4. If appropriate, identify changes that are needed in the implementation plan specified in the grant
application to overcome problems. Changes that alter plans and/or goals set forth in the
Due to the unexpected late hiring of court staff we may possibly need to submit an extension request.
We will also be seeking a GAN and requesting funds to be moved from salary to contract for our tribal
attorney since we were unable to hire tribal advocates in order to afford our full time court staff.
5. State what technical assistance the grantor agency might provide during the next six month
period to help resolve implementation problems. If technical assistance has been provided to
resolve implementation problems, state the problems (or tasks) addressed and the results (or
impact) of the assistance provided.
6. Based on the performance measures set forth in the grant application (implementation plan),
indicate in quantitative terms the results (of the project) achieved both during the reporting
period and cumulative-to-date. Explanatory and qualifying statements will be helpful here,
especially if project objectives have changed.
MEASURE 1: Each tribe has successfully engaged in resource mapping and produced their own justice
system needs and assets assessment.
RESULTS: Each tribe has participated in all the phases of strategic planning as part of the Purpose Area 2
grant.
MEASURE 2: A written strategic plan for the operation of a sustainable intertribal justice system is
completed.
RESULTS: Our draft written plan was completed in April and submitted to t he BJA for approval.
MEASURE 3 : Each tribe has a w ritten plan for how it will leverage its assets to respond to the needs
identified in the tribe's justice system needs and assets assessment; and a written action plan for how it
will approach needs identified in the assessment for which the tribe lacks adequate resources to
address.
RESULTS: We have a completed our draft written plan in April 2014 w hich addresses sustainability,
infrastructure, and responding to the needs of the community. We have submitted it to BJA for
approval.
MEASURE 4: Coyote Valley Band of Pomo Indians (CVBPI) and Manchester Point Arena Band of Pomo
Indians (MPA) will develop ordinances and put them in place.
RESULTS: CVBPI finalized and passed their ordinances in January of 2014, ahead of schedule. They
began to issue citations and hearing these matters in t heir own Tribal Court in March of 2014. CVBPI
now has an active docket. We will continue to work with MPA t o develop ordinances and put them in
place. We have not been able to accomplish these tasks due to change in personnel and leadership at
MPA.
MEASURE 5: MPA Tribe will begin steps toward creating a tribal police.
MEASURE 6: Tribal police at each tribe will start issuing citations for ordinance violations.
RESULTS: Hopland, Cahto and CVBPI are already issuing citations. We will continue to work with MPA to
begin issuing citations.
MEASURE 7: Each tribe will start hearing cases for ordinance violations and levying fines.
RESULTS: The Cahto Tribal Court, Hopland Tribal Court and CVBPI all have a monthly docket t hat is well
attended by community members. We will continue to work w it h MPA to begin issuing citations and
move those citations into the court system.
MEASURE 8: An evaluation plan will be implemented to evaluate the ability of the project to meet its
objectives and achieve the outcomes listed above.
RESULTS: Our emphasis thus far has been on the strategic planning process. Since we recently
completed the written strategic plan we will now focus on the evaluation plan.
This report is generated for the Northern California Intertribal Court System Consortium grantee for federal award number 2012-IC-BX-0019.
The award amount is$ 750,000. It reflects performance measurement data for the period January 1 - June 30, 2014. Any funds reported only
represent an estimate of dollars allocated or used for activities covered by this award.
Project Description
The Department of Justice developed a comprehensive and coordinated approach for tribal governments to apply for funding to reduce and
prevent crime and victimization. Through this process, the Department's existing tribal government-specific programs are included in, and
available through a single Coordinated Tribal Assistance Solicitation (CTAS). Through this solicitation, only one application was accepted from
each federal recognized tribe to encourage comprehensive assessments of need and planning. Each tribe could apply for funding under up to
ten purpose areas, which included funding from the Office of Community Oriented Policing (COPS), Office of Justice Programs (including BJA,
Office for Victims of Crime, and Office of Juvenile Justice and Delinquency Prevention) and Office on Violence Against Women. The tribe had
the flexibility to select the purpose areas whose funding addressed the needs of the tribe as outlined in its tribal and community profile. There
were ten purpose areas total, and Purpose Area 3 was dedicated to Justice Systems, and alcohol and substance abuse. The Tribal Courts
Assistance Program (TCAP) will fund a portion of the projects selected for award through purpose area 3. Tribes were encouraged to apply for
funds under one or more of the following goals and objectives: to develop and enhance the operation of Tribal justice systems; to train Tribal
justice staff; to plan new or enhance existing various Tribal courts, such as peacemaking courts, healing to wellness courts, sentencing circles,
and other alternative justice courts; and to support diversion programs, Tribal probation services, and alternative dispute resolution methods.
The Hopland Band of Pomo Indians will serve as the lead agency responsible for administering the award funding on behalf of the Northern
California Inter-tribal Court System. Hopland Band will use FY 2012 CTAS funds in the amount of $750,000 to focus on improvements in tribal
court services and justice system infrastructure enhancements for the four northern California tribes that have joined together to create the
Northern California Inter-tribal Judicial Council. This Judicial Council includes the following tribes: Hopland Band of Pomo Indians, Cahto Tribe of
the Laytonville Rancheria, Coyote Valley Band of Pomo Indians, and Manchester-Point Arena Band of Pomo Indians. These four tribes are each
at a different stage in the development of justice systems in their own tribal community. This project will pool resources and knowledge to
support the creation of sustainable justice systems with their own set of ordinances and functioning tribal court. Grant funds will be expended
for staff salary and benefits, training, supplies (including software and hardware), and indirect costs. CA/NCF
Baseline Characteristics
Task Force Biographical Questions Data as of July 29, 2014
3. Will you be providing direct services to individuals with this grant? No
4. What is the estimated number of individuals receiving direct services
that are anticipated to be served with this grant? NR
5. Do you have an operational Tribal Court? Yes
6. What is the total number of civil cases filed in the court for the 3 months
before the start of the grant? A civil case is considered filed if it has been
placed on the court docket (schedule). Please enter zero (0) if the Tribal
Court, in the 3 months before the start of the grant, did not oversee civil
Performance Measurement
Jan - Mar 14
15. Did you hire fu ll-t ime or part-time
employees, contract personnel, or
nonpaid staff during the reporting
period? If you reported personnel you
hired in a prior reporting period, you
should not report them again. If no
hiring was done during the reporting
period please select "no". NR No
*NR = not reported
Court Clerks NR NR NR NR NR NR
Court Administrators NR NR NR NR NR NR
Paralegal(s) NR NR NR NR NR NR
Admin istrative Assistant(s) NR NR NR NR NR NR
Information Technology (IT)
Personnel NR NR NR NR NR NR
Social Workers (e.g., LCSW) NR NR NR NR NR NR
case Managers NR NR NR NR NR NR
Chemical Dependency
Counselors (e.g., licensed
addiction counselors, family
counselors) NR NR NR NR NR NR
Probation Officers NR NR NR NR NR NR
Program
Coordinators/Directors NR NR NR NR NR NR
Other NR NR NR NR NR NR
Personnel
Performance Measurement
Jan - Mar 14 Apr - Jun 14
16. If other, please explain.
Jan - Mar 14 NR
Apr - Jun 14 NR
C. Sentencing circle No No
F. Problem-solving court No No
G. other No No
Jan - Mar 14 NR
Apr - Jun 14 NR
57. Was peacemaking implemented or maintained during the
reporting period? Maintained means that BJA grant funds
are used to sustain peacemaking that existed before the
start of the program activities. No No
58. Does the Tribal Court handle criminal cases? No No
59. How many criminal cases were filed in the Tribal Court
during the reporting period? A criminal case is considered
filed if it has been placed on the cou rt docket (schedule). NR NR
60. How many criminal cases were heard before a j udge
during the reporting period? NR NR
61. How many criminal cases were closed during the
reporting period? A criminal case is considered closed when
a case is dismissed, a plea agreement and sentence have
been entered, or a verdict and sentence have been rendered. NR NR
62. Does the Tribal Court handle civil cases? Yes Yes
63. How many civil cases were filed in the Tribal Court during
the reporting period? A civil case is considered filed if it has
been placed on the court docket (schedule). 19 30
64. Of those civil cases filed in the Tribal Court, how many are
among the following?
A. Protection orders 0 0
B. Property and probate 0 0
C. Tort 0 0
D. Family law (do not include domestic violence cases if
they resulted in criminal court cases heard before a
judge) 0 0
E. Dependency (dependency court cases involve the
protection of children who have been or are at risk of
being abused, neglected, or abandoned; this includes
Indian Child Welfare Act cases) Volume
0 3 - Page 278 0
F. other 19 30
Jan - Mar 14 Civil Infractions under the Cahto Peace and Security Code
Civil Infractions under the Coyote Valley Law and Order Ordinance
Civil Infractions under the Hopland Law and Order Ordinance
Apr - Jun 14 Civil Infractions under the Cahto Peace and Security Code
Civil Infractions under the Coyote Valley Law and Order Ordinance
Civil Infractions under the Hopland Law and Order Ordinance
65. How many civil cases were heard before a judge during
the reporting period? Please include all cases. 41 41
66. How many civil cases were closed during the reporting
period? A civil case is considered closed when a case is
dismissed or a judgment has been rendered in the case. 10 43
67. Were civil or criminal codes or policies updated or newly
added during the reporting period? Select "Yes" if any
eligible tribes are in the process of writing or updating codes
or policies. Yes Yes
68. How many new civil or criminal codes or policies have
been developed for the tribe(s) or Tribal Court during the
reporting period? Civil codes and policies help to resolve
disputes between individuals and/or organizations and
define the rights of the individuals.Criminal codes or policies
define what is considered a crime or a wrongful act and set
an appropriate consequence for committing the crime or
wrongful act. 2 1
69. How many civil or criminal codes or policies were updated
or amended for the tribe(s) or Tribal Court during the
reporting period? 0 0
70. Explain the status of code or policy revisions. The complete
date, a link to the code Web site, or any other information
may be provided. (Please enter N/A if not applicable.)
Apr - Jun 14 The Coyote Valley Law and Order Ordinances were completed and passed by the CVBPI
Council.
71. Does the Tribal Court meet the statutory requirements for
exercising expanded sentencing authority for criminal cases
under the Tribal Law and Order Act? No No
72. If no, does the Tribal Court have a plan to start exercising
expanded sentencing authority? No No
73. Were any Tribal resolutions identified that are necessary
for the court to begin exercising expanded sentencing
authority during the reporting period? NR NR
74. Have Tribal resolutions that are necessary for the court to
begin exercising expanded sentencing authority been voted
on and approved during the reporting period? Please
only select "Yes" when a resolution has been voted on AND
approved. Report only for the reporting period in which the
resolution was passed. NR NR
75. As a resu lt of grant activities, how many Tribal Prosecutors
have been appointed as Special Assistant U.S. Attorneys
during the reporting period? The Tribal Law and Order Act
authorizes and encourages U.S. Attorneys to appoint Special
Assistant U.S. Attorneys to prosecute crimes in Indian
Country. 0 0
76. As a result of grant activities, was training provided to assist
Tribal prosecutors in receiving Special Assistance U.S.
Attorney designations? The Tribal Law and Order Act
authorizes and encourages U.S. Attorneys to appoint Special
Assistant U.S. Attorneys to prosecute crimes in Indian
Country. No No
77. During the reporting period, did you implement or enhance
court diversion or alternatives to incarceration/probation
programs as a result of program activities? No No
78. As a result of grant activities, how many individuals were
referred on a criminal offense to Tribal Court during the
Volume 3 - Page 279
reporting period? NR NR
B. Community service NR NR
E. Electronic monitoring NR NR
G. Other NR NR
Jan - Mar 14 NR
Apr- Jun 14 NR
Jan - Mar 14 NR
Apr - Jun 14 NR
Jan - Mar 14 NR
Apr-Jun 14 NR
Jan - Mar 14 NR
Apr - Jun 14 NR
6. If yes, please enter the number of facilities and/or providers of mental health, substance abuse, and primary care services that were NEWLY
AVAILABLE to your program participants during the reporting period. Please do not count new facilities/ providers that have been reported in a previous
reporting period.
Mental Health NR NR
Substance Abuse NR NR
Primary Care NR NR
. .. .. . . ..
Apr - Jun 14 Volume 3 - Page 281
Mental Health NR NR
Response:
We finished our dra~ written strategic plan and submitted it to the BJA for review in April of 2014. CVBPI passed their ordinances in January of 2014, ahead of
schedule, and began to issue citations to those individuals in violation of the ordinances. CVPBI now has an active Tribal Court as of March of 2014.
Question: What goals were accomplished, as they relate to your grant application?
Response:
In January 2014, Coyote Valley Band of Pomo Indians passed thei r Law and Order Ordinances ahead of schedule. The Coyote Valley Police Department was
then able to begin issuing citations to all those in violation of the newly passed ordinances. In March of 2014, the Coyote Valley Tribal Court had its first ever
docket, again ahead of schedule. Since then, they have continued to issue citations and we have had a continuous active docket at Coyote Valley.
Question: What problems/barriers did you encounter, if any, within the reporting period that prevented you from reaching your goals or milestones?
Response:
Due to the unexpected late hiring of court staff we will need to submit a request for a modification and possibly a brief extension. We do not expect for the
late hiring to have any further negative impacts on the proj ect in the future.
Question: Is there any assistance that BJA can provide to address any problems/barriers identified in question #3 above?
Response:
No
NR
Question: Are you on track to fiscally and programmatically complete your program as outlined in your grant application? (Please answer YES or NO and if
no, please explain.)
Response:
No
Due to the unexpected late hiring of court staff we need to submit an extension request. We will also be seeking a GAN and requesting funds to be moved
from salary to contract for our tribal attorney since we were unable to hire tribal advocates in order to afford our full time court staff.
Question: What major activities are planned for the next 6 months?
Response:
Implementation of our written strategic plan once it is approved by the BJA.
Question: Based on your knowledge of the criminal justice field, are there any innovative programs/accomplishments that you would like to share with BJA?
Response:
Not applicable.
Question: Please explain the status of the enhanced sentencing authority in the tribe(s) being provided with services.
Response:
Not applicable.
Question: As a grantee, are there collaboration efforts occurring between you and the Indian tribe(s), specifically the Tribal public defender and any other
entity in your service area? If so, please describe these efforts. If not, please explain.
Response:
Not applicable.
*NR = not reported
Cahto Tribe
of the Laytonville Rancheria
•Coyote Valley
Band of Pomo Indians
Hopland
Band of Pomo Indians
Manchester Point Arena
Band of Pomo Indians
1. Indicate status of each goal that was due for completion during a previous reporting period but
carried over due to implementation of other problems.
Our Strategic Plan was submitted to the BJA and was approved .
2. State the status of each goal which was scheduled to be achieved during the report
GOAL: To create a sustainable justice system that will address day-to-day problems that significantly
impacts the quality of life in four Mendocino County tribal communities:
STATUS: We have begun writing our written evaluation process to ensure we are on track with our
strategic plan at each tribe. We plan on having our evaluation process complete and written for
implementation within the first six months of 2015.
3. State the corrective action planned to resolve implementation problems and state the effect of
these problems on the remaining schedule for achieving the project remaining goals.
We have been unable to hire an advocate, as planned, due to lack of funding. After careful evaluation of
project goals and objectives, we now feel the NCICS will be better served by hiring a Probation Specialist
with grant funds. We will still keep in line with our objectives and goals. Part of the salary will come from
this grant and part will come from our new OVW grant.
4. If appropriate, identify changes that are needed in the implementation plan specified in the grant
application to overcome problems. Changes that alter plans and/or goals set forth in the
application require prior grantor agency approval and issuance of a Grant Adjustment Notice
{GAN).
5. State what technical assistance the grantor agency might provide during the next six month
period to help resolve implementation problems. If technical assistance has been provided to
6. Based on the performance measures set forth in the grant application (implementation plan),
indicate in quantitative terms the results (of the project) achieved both during the reporting
period and cumulative-to-date. Explanatory and qualifying st at ements w ill be helpful here,
especially if project objectives have changed.
M EASURE 1: Each tribe has successfully engaged in resource mapping and produced their own justice
system needs and assets assessment.
RESULTS: Complete.
M EASURE 2: A written strategic plan for the operation of a sustainable intertribal justice system is
completed.
M EASURE 3: Each tribe has a written plan for how it will leverage its assets to respond to the needs
identified in the tribe's justice system needs and assets assessment; and a written action plan for how it
will approach needs identified in the assessment for which the tribe lacks adequate resources to
address.
RESULTS: Complete.
MEASURE 4: Coyote Valley Band of Pomo Indians (CVBPI) and Manchester Point Arena Band of Pomo
Indians (MPA) will develop ordinances and put them in place.
RESULTS: CVPI has completed all tasks and now has an active docket. MPA is voluntarily no longer an
active member of the NCICS and therefore unable to meet any goals.
MEASURE 5: MPA Tribe will begin steps toward creating a tribal police.
RESULTS: MPA is voluntarily no longer an active member of the NCICS and therefore unable to meet any
goals.
M EASURE 6: Tribal police at each tribe will start issuing citations for ordinance violations.
RESULTS: All tribes have met this goal except for MPA. MPA is voluntarily no longer an active member of
the NCICS and therefore unable to meet any goals.
MEASURE 7: Each tribe will start hearing cases for ordinance violations and levying fines.
RESULTS: All tribes have met this goal except for MPA. MPA is voluntarily no longer an active member of
the NCICS and therefore unable to meet any goals.
M EASURE 8: An evaluation plan will be implemented to evaluate the ability of the project to meet its
objectives and achieve the outcomes listed above.
1. At the time of service, I was at least 18 years of age and not a party to
this action. I am a resident of or employed in the county where the
mailing took place. My residence or business address is 3655 Memory
Lane, South Lake Tahoe, CA 96150-4137. My electronic service
address is mbarnes@terrecon.net.
3. Said document was sent by E-File Service, via Express Network to:
Honorable Ann C. Moorman
c/o Superior Court Clerk
100 North State Street
Ukiah, CA 95482
Margaret Barnes