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Joyce Clark Unfiltered

For "the rest of the story"

Apparently Governor Doug Ducey has no problem throwing the City of Glendale under the bus. Recently he offered a settlement to the Tohono O’odham. Here is a link to Howard Fischer’s Capitol Times story: http://tucson.com/news/local/tohono-o-odham-say-proposed-casino-deal-not-likely-acceptable/article_da14a03a-e2b5-5fde-aa95-87519314c89c.html . In return for the state’s recognition of the Glendale casino as well as the state’s allowance of full Class III gaming at the Glendale casino the Governor wants the tribe in essence to promise not to build any other casinos in the metropolitan areas of  Phoenix and to limit gaming to the TO tribal land that existed in 2003. Gee, as a Glendale resident, I want to say, “Thank you, Governor.” The deal, in order to obtain buy-in from the other tribes, gives the tribes an increase gaming operations which means increased revenue for them.

The Tohono O’odham (TO) is reluctant to agree. They are betting that Judge Campbell, who is scheduled to hear arguments in mid-December on the TO’s lawsuit to compel the state to grant it Class III gaming, will rule in their favor. The TO assumes it will win this lawsuit and get Class III gaming in Glendale. The TO’s anticipated win of this current law suit allows them to retain the legal option to open casinos elsewhere in the Phoenix metro area.

A little refresher on history is needed. In 2002, the voters of the state approved a Gaming Compact between all tribes and the state for the purpose of gaming regulation at tribal casinos. The 2002 deal gave the tribes the exclusive right to conduct casino gaming in Arizona and was sold to voters on the promise that gambling would be restricted to existing reservations and that there would be no new casinos in the Phoenix area.

In the meantime, the TO, while actively encouraging voters to support the 2002 gaming compact, were already planning on breaching it. Prior to 2002 they were secretly and actively seeking land for the purpose of planting a casino in Maricopa County. Their original consideration was to purchase land in or around Buckeye. Buckeye dodged the bullet when the TO’s consultant opined that the site was too distant from the major urban centers of Phoenix. They settled on a county island in Glendale, close to city’s newly announced (in 2002) Westgate site as an entertainment district. They bought the land under a shell company and for seven years they kept it secret while Glendale invested millions of dollars into the development of Westgate. On the day in 2009, when they made their public announcement of their intent to build a casino in Glendale, they marched into city hall and in essence told the city they were coming and there was not a darned thing it could do about it.

For years, Glendale and the Salt River-Pima-Maricopa tribe and the Gila River tribe brought lawsuits against the Tohono O’odham. It has only been lately that Glendale’s city council dropped its opposition to the TO casino in return for 30 pieces of silver.

Here is the Arizona Republic’s latest editorial on the issue: http://www.azcentral.com/story/opinion/editorial/2016/11/30/tribal-gaming-settlement/94698276/ .

Everyone , to this day, believes the TO’s West Valley casino was a breach of the spirit of the 2002 agreement with voters that created the plan for limited tribal gaming. The tribes believe the TO breached their trust. Over the past 8 years the TO has created controversy, innumerable legal battles, enormous cost and a great deal of distrust regarding its word to its sister tribes and the voters of the state.

The TO’s response has been to say that it wants to consider all proposals using the Arizona Indian Gaming Association (AIGA). Here’s the rub. The Gila River Indian Community and the Salt River-Pima-Maricopa Indian Community resigned from the AIGA in May, 2016, saying, “actions of the Tohono O’odham Nation to secretly develop a casino in direct opposition to the promises made by AIGA and other tribes has destroyed AIGA’s unity and undermined the principles of the organization.” Obviously the TO’s suggestion is not going to happen but it certainly provides the TO with convenient cover.

What to make of this latest volley? It is clear that no one on this planet trusts the Tohono O’odham’s word.  The only reason the state is willing to grant the long-coveted Class III gambling license is because Governor Ducey wants a signed, legal document  (promise) from the TO that they will not build any more casinos in the greater Phoenix metro area. The TO’s word is worth nothing and their signature on a contract may not be worth much more (do you see future law suits?).

In the meantime the TO wants its cake and to eat it too. They are cocky. They’ve won nearly every law suit. They have convinced themselves they will win this latest one. If they do, they will get their Class III gaming without having to promise anyone that they will not build more casinos in Maricopa County. Uh, oh, watch out Mesa, Scottsdale, Tempe, et. al. A Tohono O’odham casino planted in your town may be in your future! Can anyone say, “Las Vegas?”

© Joyce Clark, 2016        

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This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

September 17, 2014 the Senate Committee on Indian Affairs held a hearing on Senate Bill 2670 introduced by Senators McCain and Flake. I have offered the direct testimonies of the  panelists, Assistant Secretary Kevin Washburn; Governor of the Gila River Indian Community Gregory Mendoza; Glendale Mayor Jerry Weiers; Glendale Councilmember Gary Sherwood and Tohono O’odham Nation Chairman Ned Norris, Jr. Each of the panelists was asked questions by Senators McCain and Tester.

I have never heard so many non-responsive answers in my life. It’s as if the questioner and the person answering were on parallel universes. Isn’t that the mark of a true politician? If so, they all passed the test. The only person to answer a question directly was the Attorney for the Gila River Indian Community, Allison Benney (my apology if I have slaughtered her name).

Sherwood, in his answers to Senators McCain and Tester, pumps out a great deal of misinformation. His reference to one 30 minute conversation between Glendale staff and the TO…wrong. His estimate of jobs created…wrong. There was one very telling revelation however. The city’s position on the referendum petitions submitted in opposition to the TO/Glendale Settlement Agreement et. al., relies exclusively on the argument that council votes were administrative not legislative. Gary Sherwood, went off script (which he does quite frequently). At the 43 minute, 46 second mark of the hearing he refers to the council votes as legislation (in a convoluted way). In his mind, he recognized that those council votes were legislative… Oh Oh. I hope the attorneys take note.

I also stand corrected on the amount of annual revenue the Tohono O’odham (TO) earn from their 3 casinos. I had used $38 million. Well, you can nearly double that. The figure that Senator McCain used was $68.2 million. No matter the number…no matter whether that is net revenue or gross revenue that is still a lot of money. Again, what have the TO been spending all of that revenue on? Too bad no one is allowed to audit their books…they are a sovereign nation, you know.

Chairman Norris downright refused to verify or disqualify the annual revenue figure Senator McCain used. He kinda, sorta answered Chairman Tester’s question. The only relevant fact he could come up with was the $5 million dollar scholarship fund before he began ranting about the use of the Border Patrol agents’ use of TO roads.

Miss Binney, on the other hand, offered some startling testimony when she said they had hand written notes in their possession describing discussion of a possible closure of the 3 TO casinos in Southern Arizona and a move to rebuild and reopen them in the Phoenix area.

The last portion of testimony from the hearing is below:

Chairman Tester: “Thank you, Chairman Norris, for your testimony. Thank you all for your testimonies. Senator McCain.”

Senator McCain: “Thank you, Chairman. Ah, Chairman Norris, would you like to, for the record, supply the, ah, the amount of money, the revenue that your casinos have gained for the tribe on an annual basis?”

Chairman Norris: “I’ll be happy to give that some consideration but I will not do that without the express umm, umm, authorization of my legislative council.”

Senator McCain: “So, what ah, tell us how impoverished you are. I will provide for the record, Mr. Chairman, hearings that Senator Inouye and I had, including that with Attorneys General, especially in states that came and testified before our committee, where their great concerns were what would happen, is happening exactly now. That was one of the reasons why we had great difficulty getting the support of Governors and Attorneys General because they said, ‘if we don’t look out we’re going to have Indian gaming operations in the middle of our towns and cities.’ So, I would be glad to provide the record of hearings and the conclusions and statements that Senator Inouye and I made at the time of the passage of the Indian Gaming Regulatory Act, um, which clearly was designed to prevent a non-contiguous, middle-of-a-metropolitan area, Indian gaming operation for which the people have, ah, maybe their elected representatives have, maybe some like Mr. Sherwood who changed their mind over time. Umm, but they have not been able to make their will known as far as a very significant impact in not only Glendale but in the entire West Side. So, Mr. Sherwood, out of curiosity I think you used to be very much opposed. You even wrote articles in opposition to this. What changed your mind?

Councilmember Sherwood: “Ah, thank you for the question, ah, Chair and Senator McCain. Umm, when I campaigned I had campaigned against this proposed based on information I had and I had read deal…quite a bit of information on it. Umm, the thing that was distressing to me though, that in the very beginning there was a half hour conversation when the city first found out about it in April of 2009 and that was the only conversation the previous administration had and I was, was always quite upset by the fact that we didn’t have the dialogue. We weren’t very doin’ very good in the courts. So when umm, we ah, after the new council got seated in January ’13 and we, ah, took care of the hockey situation we turned our attention to the casino issue which again, had been laboring for five years and started havin’ that informal dialogue and learned quite a bit more about the project from the fact that it could benefit us umm, in many more ways than what the gaming compact even called out for. So, those informal discussions led into, ah, formal fact finding in the November time frame which led to negotiations in March. Umm, and, and having gone through that and having voted on this a couple months ago to approve the project and to ah, equivocally set ourselves against this legislation (43:46) umm, and the benefits, certainly after talkin’ to other developers, I mean we’ve had several developers come to us uh, since this casino project was announced wanting to develop on Glendale, on land in Glendale city proper.”

Senator McCain: Well, thank you. Chairman Norris, I have before me information that, ah, I’m not sure where it came from but it alleges that your annual revenue from gaming is  $68,200,000. Is that in the ballpark?”

Chairman Norris: “Chairman, Senator McCain, as I stated before without the authorization of my legislative council I’m not at this point, ah, able to disclose, to agree or disagree with your information.”

Senator McCain: “So you refuse to tell this committee who is expected to support your effort to establish a casino and you won’t even tell me whether this is a correct or incorrect number, $68,200,000?

Chairman Norris: “Mr. Chairman, Senator McCain, the courts have already made that determination on whether or not the Nation is within its legal right to be able to establish…and our current compact also authorizes it as well.”

Senator McCain: “I asked…that’s not in response to the question I asked Mr. Chairman. You refuse to give, to authenticate or disagree with roughly $68,200,000 in revenue for a year, ah, for your Nation?”

Chairman Norris: “Mr. Chairman…”

Senator McCain: “Is that correct? You do not wish to give that information? Either agree or disagree. “

Chairman Norris: “Mr. Chairman, Senator McCain, I am not agreeing or disagreeing. What I’m saying…”

Senator McCain: “Actually what you’ve done is refuse to answer questions before this committee. I’m not sure why you came. Ah, Mr. Mendoza, is there a concern, Chairman Mendoza, President Mendoza, is there a concern that there may be other loopholes such as this exploited and using this precedent to other casinos that would be established in the Valley?”

Governor Mendoza: “Mr. Chairman, Senator McCain, uh, thank you for that question. You know, umm, I’ve been hearing about this particular bill and it would create that particular precedence and in my mind, no. The act has been very consistent with Congressional precedents and umm, if you’ll allow me, I will allow my attorney here to offer some specifics. Miss Benney.”

Miss Benney: “Yes, thank you Senator McCain. So the concern that you have is a legitimate concern in that Tohono O’odham if they’re able to build this Glendale casino can actually shut down their other three casinos in the Tucson area and move them up to the Phoenix area basically using the same legal theory. That’s why the East Valley mayors are so concerned because they think the same thing that is happening in Glendale can happen in the East Valley and I think it was Congressman Gossar last time brought it back that showed 200 county islands in other parts of the Phoenix Valley where the same thing can happen. But more importantly, in the negotiations and during litigation, umm, hand written notes have come out from Tohono O’odham’s representatives basically indicating that they would do such a thing. They’re aware that they have that legal ability if they’re successful in Glendale to shut down the other three casinos and move them up to the Phoenix area. That’s one of the biggest concerns of the East Valley mayors.”

Senator McCain: “Well, Mayor Weiers, you find yourself in the minority here. Maybe you can tell us how that happened going from the majority to the minority on this issue. I’m sure it didn’t have anything to do with a $26 million dollar commitment over several years.”

Mayor Weiers: “Chairman, Senator McCain, I don’t actually know how I find myself in that position. I, you know, I’ve been ah, on one line of one thought, ah, ever since this issue came up when I was a state legislator. I know in our campaign, ah, that people have ran their campaigns, ah, stating certain views and certain beliefs and I guess I never really expected people to change their opinion but, ah, I don’t know exactly how we find ourselves here. You know the same facts, the same truths that were there two years ago are the same facts and truths today. Nothing’s changed. People’s opinions have changed and how they’ve changed their minds because of those truths and facts I don’t know. Sir, I really don’t know if that’s the question that maybe I should be asked but I’m not exactly sure how we came to that position.”

Senator McCain: “Thank you. Mr. Chairman, it bears repeating to all the witnesses in response to some of the statements. The Constitution calls for the Congress to have a special responsibility as far as Native Americans are concerned. It’s written in the Constitution. So although some may view this hearing and our action as being unwarranted interference it is a specific Constitutional responsibility of the Congress of the United States. Umm, so Mr. Chairman, this is a very busy week. We’ll be leaving tomorrow for quite awhile and you were kind enough to hold this hearing for me and I take that as a very special favor that you granted me and I wanted to express openly and repeatedly my appreciation for you doing this. I thank you, Mr. Chairman.”

Chairman Tester: “Well, thank you for those kind words, Senator McCain. We always appreciate your commitment to the Senate and to this committee and we thank you for your leadership on a number of issues including this one. I, um, have a few questions here. I’ll start with Governor Mendoza. Ah, Governor, when it comes to tribal gaming in Arizona being successful, could you talk about the kinda success Gila River has enjoyed, ah, because of gaming.

Governor Mendoza: “Thank you for that question, ah, Senator. You know Gila River does enjoy the benefits from our casinos. Ah, we’ve been able to fully fund for our students to go to college, any college in the world. We’ve been able to provide funding for our public safety, police, fire, umm, our emergency management program. We’ve been able to provide programs for our elders, our youth, housing, you name it. We’ve been able to do a lot for our community and again, we’re very thankful and blessed.”

Chairman Tester: “Well, I commend you on your commitment to your people and education, ah, is one of my priorities. You reference, when it comes to the expansion of gaming, you reference a commitment made by the Tribes in 2002 that there be no additional gaming facilities in the Phoenix area. In the current gaming compacts there’s specific limitation on the Tohono O’odhams from building a fourth facility in the Tucson area. If the parties thought enough to put a Tucson limitation expressly in the compact why wouldn’t the state include such a limitation around Phoenix? Any insight into that?”

Governor Mendoza: “Thank you Senator Tester. You know, Senator Tester, I’m not an attorney. I’ll allow my attorney to answer that.”

Chairman Tester: “Well Allison, I think it’s a good point that you’re not an attorney. I’m not either. So, Allison, since you are, have at it.”

Miss Binney: “So, I think there’s some, there’s a little bit of confusion. So in Arizona it’s different than in most other states. Most other states the governors can go and just negotiate a compact directly with the Tribes and enter into it. In Arizona that’s not the case. The governor had to get authority from the voters to enter into compacts and so the voters voted on a model compact that I actually have the Proposition that the voters had here. So Tohono O’odham does say here, like nowhere in the model compact or the compact does it say Tohono O’odham can’t go into Phoenix. I mean, number one there was no need to say that in the compact because no one ever thought that would happen; but two, in all the negotiations which are a key part of what this bill is trying to address Tohono O’odham specifically said their fourth casino would be in the Tucson area or in a rural area. They never once indicated that they would somehow go a hundred miles up to the Phoenix area. But I will say the Proposition that has the model compact that the voters actually saw when they voted to give the governor authority, there’s a chart in there and in the chart it shows the number of casinos that the Tribes in Arizona were authorized to build under the old compact and the number of casinos that the Tribes would be authorized to build under the new compact, the model compact that the voters were voting on. In the Phoenix area Tribes, all are shown as giving up a right to an additional facility that they had under the old compact. Tohono O’odham, because they’re not a Phoenix area Tribe, kept the same number of casinos, the right to build the same number of casinos. So Gila River is shown as giving up an additional casino, right to an additional casino. Salt River gave up the right to an additional casino. Ak Chin gave up the right to an additional casino. Fort McDowell gave up a right to an additional casino and so did Pasqua Yaqui. Tohono O’odham didn’t have to give up the right to an additional casino ‘cause they weren’t in the Phoenix area. So in our view, it is in the compact. Why else would these charts be in here showing that the Phoenix Tribes gave up rights to casinos and Tohono O’odham didn’t if it wasn’t intended that the whole goal of the compact was to limit the number of facilities in the Phoenix area?”

Chairman Tester: “Okay. Umm, if you don’t mind Allison, I wanna ask you another question. Umm, since you are an attorney and since you know the law and I say this in the most friendly way. When I talk to Chairman Norris and I think was referenced in one of your testimonies. Maybe it might have been Washburn’s testimony about breaking ground on a facility already. So ground has been broken. If we are to pass this bill would there be a takings issue?”

Miss Binney: “No and I thought it was interesting that Assistant Secretary Washburn didn’t address this issue at all. Because he was aware of it and Senator McCain asked him about it last time. And the fundamental reason why is because this bill just provides a temporary restriction on gaming activities on certain lands. That’s what IGRA does. The Indian Regulatory Gaming Act was passed to restrict gaming on Tribal lands. So, if this bill is a taking so is the Indian Regulatory Gaming Act and that’s been around for 25 years and that’s been upheld again and again and again.”

Chairman Tester: “So, in one point you’re talking about policy that prevents gaming activities to happen with IGRA. This is an actual, physical construction. You don’t see that there’s any difference there? And I ask this because I don’t know.”

Miss Binney: “Yeah, no. We, actually, when it came up in the last hearing, Senator McCain asked it, we actually went and did a thorough analysis because I will say, last Congress there was some legitimate concerns raised by Tohono O’odham and we addressed them in this new bill. But we looked at it and the other reason it’s not a takings is ‘cause Congress does these types of bills fairly frequently actually restricting gaming on lands and they can build a resort; they can build a new sports stadium. They can do economic activity…”

Chairman Tester: “Thank you. That’s fine. Thank you, Allison. Uh, Chairman Norris, ah, you’ve got a similar question that I just asked Governor Mendoza. You’ve got gaming facilities, umm, can you discuss what benefits you’ve got from these gaming facilities and while you’re in that vein could you also discuss unmet needs that are still out there by your Tribe?”

Chairman Norris: “Mr. Chairman, ah, I, too, am not an attorney. I am the elected chairman of my Nation and have an obligation to speak for my people.”

Chairman Tester: “Yes.”

Chairman Norris: “So I will do so. There are still third world conditions that exist in my tribal community and many tribal communities nationwide. The Nation has had an enormous amount of benefit in comparison to where we were at prior to gaming. We have been able to construct different facilities that were only dreams facilities, that we were needing within our communities to be able to provide the necessary services. We have been able to create a government of employees that are, that are able to provide the necessary services that many of our Nation’s members require. We have been able to provide scholarships to our, to our members. Prior to gaming we had probably less than 300 members that acquired masters, associates and doctors degrees and some law degrees. Today we have graduated more Tohono O’odham with those types of degrees this many years later and my council continues to allocate some $5 million dollars towards scholarship programs to our Nation. So we have had an enormous amount of benefit from the results of gaming but we still have those third world conditions that continue to exist. As far as unmet needs, Mr. Chairman, we know today that we have 500 families that are homeless on the Nation. We know today that there are many people within our communities that do need housing. We know today that much of the roads that are within our Tribal communities are being used and misused by the U.S. Border Patrol because of the influx of Border agents on our Nation, have really done wear and tear on our roads, and primarily BIA are on our roads. And so there’s a need for us to work hand in hand with the Department of Interior and Bureau of Indian Affairs to try and address the roads conditions that are so needing to be addressed, to be able to deliver the services, to be able to enter and to exit our Tribal communities nationwide. We have a reservation that is 2.1 million acres square. We have some 2.9 million acres in size. We have some 80 villages within that geographical area. The reservation is vast. The villages are remote. We’ve got homes that do not have running water. We’ve got homes that do not have electricity. So there’s a serious amount of unmet needs on my Tribal community.”

Chairman Tester: “Ah, thank you, Chairman. Mayor Weiers, umm, you’re a former state legislator. You’ve worked with city government as mayor and I think you understand the actual text of laws and contracts and the weight that carries with the weight that carries with those contracts and that text. In this case there was a specific limitation, correct me if I’m wrong, on TO developments around Tucson but not Phoenix. Umm, with that said, if this limitation on gaming around the Phoenix area was important, why was it not included in the contract or Prop 202?

Mayor Weiers: “Chairman Tester, all I can tell you is, is, is the knowledge that I have of talking to one of the authors, Senator McCain, and he had told me, point blank, that, uh, there was never, ever any intention in their mind that this would ever be an issue. And I don’t believe personally, quite honestly, that the average person, a non attorney person, would ever thought something like this. You know, uh, I guess that’s why we have attorneys to sit around and think of ways to get around stuff. But ah, I don’t believe anybody ever believed that this was going to be an issue and, and it is an issue. And, and quite honestly all this bill is trying to is just, let’s do what everybody said and thought we were gonna do and then when that compact’s over, renegotiate. Chances are we’ll probably end up with more casinos in the Valley. Most certainly.”

Chairman Tester: “Thanks, Mayor. Ah, Councilman Sherwood, ah, your testimony discusses the impacts that the agreement with TO would have on the city of Glendale. Ah, positive impacts. Umm, could you talk about those benefits of this development and while you’re on that, if there’s downside that comes to mind, could you talk about that too?”

Councilmember Sherwood: “Ah, thank you, Chair. Well, right off the bat, I can’t see of any downside in the negotiations, ah, in the settlement agreement that we concluded with the Tohono O’odhams in August. Ah, they’re covering existing infrastructure, new infrastructure, umm, water, umm, it’s not costin’ the city a penny. I mean, how often do you get a development where you don’t have to give in to anything? Umm, in terms of the development, we were hurt pretty hard with the down turn of our sports and entertainment. There was 8 funded projects that were to occur, south of the University of Phoenix Stadium where our Arizona Cardinals play. Umm, one of ‘em, umm, was Mr. Bidwill’s, ah, CB 101 Project before he started building. Those either went into litigation afterwards or the developers pulled back. Those are slowly comin’ back but not nearly the pace that was expected. So, our sports and entertainment area which has two professional sports teams, large entertainment area along with some retail, umm, was hurt vastly by that. And so when we have the mega events, like when we have the Super Bowl next February, umm, we don’t have anything to keep people in the area. So they go off into Scottsdale and Phoenix. Umm, a project like this resort will, umm, entice other development. In fact within, within weeks of us signing that agreement we had two major developers; one that had done a large scale project in Phoenix come through and they were only interested in us now because of this project and they were lookin’ at land within the city of Glendale to develop that would, ah, be real close to the sports and entertainment area. So, yes, we’re lookin’ at a lot of, ah, development activity that will directly benefit our city coffers and then again, on the deal that was referenced earlier about the $26 million or so, umm, that we get directly into the General Fund from the Tohono O’odhams. In fact we’ve already received a check for $500,000, ten days after the agreement was signed. Umm, that helps the city that has struggled as has been widely reported, umm, because of our past deals with some of the sporting facilities we have. It’s sorely helped our community.”

Chairman Tester: “Okay. Talk about jobs. How many jobs?”

Councilmember Sherwood: “The jobs, in terms of the operations, you’re gonna see 3,000 jobs, 1,500 of ‘em probably indirect. Ah, 15 direct in terms of construction jobs. It’s right now scheduled for three phases, the casino and then the attached resort and then probably year later, another resort based on how things are movin’ along. So you’re talkin’ thousands of construction jobs, ah, over this project that’s gonna take place over the next four years. But in terms of actual jobs, umm, in the West Valley, I’d say about 3,000.”

Chairman Tester: “Well, once again, I want to thank all of you for, ah, makin’ the trek to Washington, D.C. I know it’s not easy and some of you made it twice and I thank you for that. And I mean that. This is obviously an emotional issue it’s ah, it’s ah, an important issue. Umm, note that the hearing will remain open for two weeks and I encourage all stakeholders to submit written statements for the record. I’m gonna’ say that again. Ah, this hearing record will remain open for two weeks and, ah, if you’re a stakeholder on this issue I would encourage you to write written statements, ah, for the record. With that thank you all and this hearing is closed.”

© Joyce Clark, 2014

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

On September 17, 2014 the Senate Committee on Indian Affairs took testimony on S. 2670, a bill introduced by Senators McCain and Flake. It is designed to prevent the Tohono O’odham from building a casino in Glendale until 2027 when the current state-Indian gaming compact expires.

Because there is a lot of testimony I have broken it into segments. This portion is the testimony of Governor Gregory Mendoza, Chairman of the Gila River Indian Community and Mayor of Glendale Jerry Weiers. It is evident from Mendoza’s testimony that the 16 other tribes that are part of the gaming compact feel betrayed and are very bitter about the actions of the Tohono O’odham (TO). The reason that Governor Mendoza of the Gila River Indian Community and President Diane Enos of the Salt River-Pima-Maricopa Indian Community have taken the lead in opposing the TO’s project is that these two tribes have the resources to do so. They have the support of the other Arizona tribes.

Mayor Jerry Weiers highlighted Proposition 202, the Arizona Gaming Compact, and distributed to members of the committee copies of the original publicity pamphlet distributed to voters in 2002. What is ironical is that the pamphlet used, that promised no new casinos in the Phoenix Metropolitan area was paid for by the Tohono O’odham.

Both men spoke of possible consequences should the TO prevail. Governor Mendoza spoke of the harm that will befall rural tribes and Mayor Weiers spoke of action that could be taken by the Arizona legislature to open up the entire state to non-Indian gaming.

The actions of the Tohono O’odham stink on so many levels:

  • They don’t care that they have destroyed the deep-seated, long-term trust they enjoyed with their sister Arizona tribes.
  • They don’t care that they broke their word and their commitment to keep new casinos out of the Phoenix Metropolitan area.
  • They don’t care if they destroy, single-handedly, the voter approved state gaming compact.
  • They don’t care if their casino is across the street from a high school and becomes a magnet for curious teenagers.
  • They don’t care if they destroy the fabric of neighborhoods with greater 24/7 traffic and spill over crime.
  • They don’t care if the state legislature opens the state up to non-Indian gaming.
  • They don’t care if rural Indian tribes suffer.

Their actions are nothing short of Machiavellian, “the ends justify the means.” Their only concern appears to be enriching themselves at the expense of all around them. They have 3 casinos in the Tucson area estimated to earn $36 million annually. I guess that’s just not enough for them. If they succeed in building the casino the unintended consequences will be felt for many years to come. But that’s OK – as long as they get what they want.

Below is the verbatim transcript of the testimonies of Governor Mendoza and Mayor Weiers:

Governor Mendoza: “Good afternoon Chairman Tester, members of the committee. Thank you for holding this hearing and inviting me to speak in support of the Keep the Promise Act. I want to start by saying that it pains me to advocate against a sister tribe. But this is not a dispute with the Tohono O’odham people, only with the leadership of the Tohono O’odham Nation whose actions jeopardize every tribe in Arizona. Contrary to what Tohono O’odham claims, this is not a fight about market share. It’s about preventing fraud upon tribes, local governments and voters. Tohono O’odham likes to talk about the promises made between their tribe and the federal government in 1986 but this bill is about protecting the promise made to my community and to other tribal governments.

“Our tribes relied upon the actions of Tohono O’odham when we gave up our rights in 2002. While we agreed the Tohono O’odham should get replacement lands under the 1986 law we also strongly believed that Tohono O’odham must abide by the promise and commitments they made to us. In 2002 Arizona tribes had to get approval for our compact from the voters. In order to get this approval we promised the voters that the number of casinos in the Phoenix metro area would not increase until 2027.

“At the same time that Tohono O’odham helped us to win voter approval they also were secretly plotting to build a casino in Phoenix. That casino will be located right across the street from a high school and it’s near homes and churches. This is exactly what we promised the voters would not happen. Tribes like mine gave up rights to build additional casinos. We also agreed to limit on the number of gaming machines allocated to us. We did this in order to get voter approval and to preserve the tribal monopoly on gaming in Arizona and assure that rural tribes benefit from gaming.

“Tohono O’odham doesn’t deny making promises nor do they deny knowing that their sister tribes gave up rights in order to limit the number of casinos in Phoenix. They don’t deny that the compact negotiations would have been vastly different if everyone knew of their plans. Instead they say they’re winning in the courts. There remains a dispute because they refuse to waive their sovereign immunity for claims of fraud. We do not want to attack another tribe’s immunity. That is why the bill merely provides for a temporary restriction on additional casinos in the Phoenix area until the end of the existing compacts. At that point all parties can come together at the table and bargain in good faith. Hopefully my community will be able to regain the rights we gave away.

“The Gila River Indian Community will weather the storm but most tribes in Arizona are not as fortunate. Rural tribes will suffer the most from Tohono O’odham’s fraud. There are six rural tribes that utilize gaming compacts to lease gaming machines to urban tribes. Leasing these machines allows them to benefit from gaming even though their markets can’t support a casino. Each year these tribes receive more than $30 million dollars to provide basic services to their members and the structure of the gaming compacts create markets for a few rural tribes to operate small casinos.

“If gaming happens in Glendale the state legislature will likely eliminate that tribal monopoly. If this happens urban tribes will have no reason to lease gaming machines from rural tribes. Patrons will stop traveling to reservations for gaming and instead visit non-tribal casinos in cities. We have come to Congress because you’re the only entity that can provide swift action to preserve the promises made in 2002. Interior indicates it cannot resolve this matter because Congress through the 1986 law mandates that they take the land into trust for the Tohono O’odham.

“This bill does not set bad precedent. It is common for Congress to pass bills that limit tribal gaming. In this Congress alone, two bills have been enacted placing land into trust for a tribe but prohibiting gaming on those lands. The bill narrowly restricts gaming on the land until 2027 but does not eliminate the uses of the land and there are a number of non-gaming activities that Tohono O’odham could conduct. For all of these reasons I ask that you pass this bill. Thank you.”

Chairman Tester: “Thank you, Governor. Uh, Welcome Mayor Weiers and I would ask you to try to keep it to five minutes because the Senator has another meeting to get to and I want to get to him for questions.”

Mayor Weiers: “I’ll do the best that I can, Sir. Thank you very much. Good afternoon, Chairman Tester, Vice Chairman Brasher and members of the Committee. My name is Jerry Weiers. I am the Mayor of Glendale, a city of 232,000 and the 72nd largest city in the country.

“Before becoming mayor I served eight years in the Arizona legislature. I am here today to discuss my personal views on a casino proposed to be built in my city. I am required to state that my views today do not represent the majority of the body of the council and my views are not the official position of the council.

“Like Senator McCain I supported Arizona Proposition 202, the ballot initiative which gave tribes the exclusive right to conduct gaming. One key aspect of that campaign was the clear promise, repeatedly made to voters by tribes and state officials, that there would be no additional casinos in the Phoenix metro area. When Governor Hull concluded compact negotiations in 2002 with the seventeen tribes she publicly announced that under the compact that there would be, and I quote, ‘no additional casinos in the metropolitan Phoenix area.’ Now here’s a voter pamphlet from the 2002 initiative campaign. It was widely distributed by the seventeen tribes. The pamphlet told voters that under the compact and I quote, ‘There will be no facilities in Phoenix.’ If you look at page six, which I’ve got highlighted here, ah, major funding for this pamphlet was provided by the Tohono O’odham Nation, that I will respectfully refer to as the TO.

“Understandably the public was blind sided when the TO announced in January of 2009 that it was going to open a Las Vegas style casino on a 54 acre parcel within our city. At that time I was serving in the Arizona legislature and I met with TO Chairman Norris and I expressed my grave concerns with gambling within our city. The council immediately passed a resolution opposing the casino because it would harm our residents and our way of life.

“Recently the city council voted 4 to 3 repeal the 2009 resolution opposing that casino. But this was done only after the Interior Department had already decided to grant a casino reservation on that parcel. We had no real choice. We could continue to fight and hope for action from this body or give up. It’s frustrating to be a city of our size and have no voice on gambling pushed by a tribal government that’s more than a hundred miles away. The public has no right to object to gambling because of the narrow exception in the 1988 Indian Regulatory Gaming Act the TO is using, and gives Interior absolutely no authority to stop gambling even if it knows the adverse impact to nearby neighborhoods, churches and a public school across the street.

“Since the Interior has no authority to stop gambling it has no reason to ask the public for comments or investigate adverse impacts. This is the polar opposite to the two part exception in IGRA which is typically used for off reservation casinos. It requires that the Interior prepare for an environmental impact statement and investigate in great detail adverse impacts that a casino may cause. What’s more, for gambling to be allowed, the Secretary must determine on the record, and I quote, ‘would not be detrimental to the surrounding community.’ And most importantly, the state’s governor has the right to veto any casino project regardless of the Secretary’s decision.

“But in our case, the public has no say. The state legislature has no say. Our governor has no say and the Interior has no authority to stop it. For us this means the largest tribal casino in the history of the state may operate on a 54 acre island in the middle of the Phoenix metro area without anyone investigating and addressing the adverse environmental and social impacts it will cause and without any federal, state or local official deciding that it can safely operate in the public’s interest.

“What’s more, my city may not be the last. Our sister cities realize that unless Congress acts, they may be next. Under the 1986 Gila Bend Act, TO claims that it can create new reservation land on more than 6,000 acres. They also claim the right to operate a total of four new casinos in the Phoenix metro area. If Congress does not act the entire Phoenix metropolitan area must be prepared for more off reservation casinos. That is why many mayors and city councilmembers have signed a letter asking the Congress to enact the Keep the Promise Act.

“As a former state legislator I know that if gambling happens in Glendale there will be a strong effort in the state legislature to authorize non-Indian gaming in all of Arizona and that will have a devastating effect on all the tribes. I urge this committee to move the Keep the Promise Act. The bill is about preserving the promises made by tribes to voters protecting Phoenix metro cities from having unwanted gambling within their borders. Thank you, Mr. Tester. I’ll be happy to answer any questions.”

Chairman Tester: “Thank you Mayor Weiers.

© Joyce Clark, 2014

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On September 9, 2014 at its regular council meeting the Glendale City Council approved a new name for its arena. It will now be known as the Gila River Arena. The following day there was a press conference to announce the name change. Anthony LeBlanc, one of the Coyotes’ owners was there; Gregory Mendoza, Governor of the Tribe was there; Jan Brewer, our state Governor was there; and Jerry Weiers, Mayor of Glendale was there.  Guess who wasn’t there? Our infamous “gang of four,” Councilmembers Alvarez, Sherwood, Hugh and Chavira. It’s perfectly understandable. After all, their allegiance is to the Tohono O’odham Nation. Alvarez was also the lone negative vote on the name change to Gila River. Instead she stubbornly questioned staff on the necessity of bringing the name change before council for ratification.  It appeared as if she questioned the action long enough and hard enough she could make the need for a council vote disappear. Didn’t happen. Apparently Norma’s love for minorities does not extend to the Gila River Community.

However, it’s not so strange a move. Gila River has been a long time partner of the Arizona Coyotes hosting the Gila River Club within the arena proper. If I were the Gila River I would be secretly smug and taking enormous satisfaction in the fact that their name will be prominently displayed across the street from their duplicitous sister tribe, the Tohono O’odham’s new casino.

Here’s a reminder that today, Wednesday, September 17, 2014 at 2:30 PM Eastern time, the Senate Committee on Indian Affairs will have a legislative hearing on Senate bill 2670, Keep the Promise Act of 2014, introduced by Senators McCain and Flake. It can be viewed online live.  Panel One of the hearing will have Governor Mendoza of the Gila River Indian Community, Ned Norris Jr., Chairman of the Tohono O’odham Nation, Glendale Mayor Jerry Weiers and Glendale Councilmember Gary Sherwood. It should prove interesting as 2 champions of the casino face off against 2 opponents of the casino. Hopefully, the bill will move out of committee paving the way for a full senate vote.

Considering the fact that Glendale did not recoup its $14,002,055 (not a full fiscal year, prorated for 11 months) paid for the management fee and capital improvement fund and that you can add another $12 million for the arena construction debt, you would think Alvarez would welcome the new Gila River name and the 20% of the fee paid by Gila River to IceArizona. It will offset the approximately $20 million in arena costs, not by much, but every penny is welcome. A lot of Glendale’s residents are anxiously awaiting the audit of IceArizona’s budget and hope it is made public and put on the city’s website. If not, don’t be surprised if there are a lot of FOIA requests for a copy of the audit.

There was no council workshop on Tuesday, September 16, 2014 because there was not a quorum. How many of Glendale’s council is attending the Senate Committee on Indian Affairs legislative hearing today? I guess we’ll find out.

© Joyce Clark, 2014

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On August 14, 2014 two referendum petition packets were taken out for the purpose of obtaining Glendale residents’ signatures. If successful, the two actions taken by the Glendale City Council at its meeting on August 12, 2014 will be decided in an election by the people…as it should be. Glendale’s City Attorney, Michael Bailey, said publicly that neither council vote is referable. In other words, no one can take out a petition to try to overturn the council votes. The Tribal attorneys believe it is referable. When the signed petitions are turned in expect Glendale to reject them. Expect a law suit resulting in yet another judicial decision about Glendale’s ultimate fate.

Here is the text of the first referendum action. It seeks to overturn the council’s vote welcoming a reservation and casino within Glendale: “The Tohono O’Odham casino, targeted for a Glendale neighborhood near homes, schools, daycares and houses of worship, will destroy neighborhoods and create severe budget stress for the nearly bankrupt City, overburdening Glendale’s public safety, street and infrastructure. This petition seeks to refer the August 12, 2014 Glendale City Council vote to agree to the creation of a 121-acre Indian reservation at 91st and Northern avenues. A “no” vote on this referral will overturn the Council’s decision to support a reservation and a casino and respect the NO casino promise, protecting City residents and the Glendale’s budget and core services.”

The second referendum petition seeks to overturn the council approved agreement between the City of Glendale and the Tohono O’odham: “The Tohono O’Odham casino, targeted for a Glendale neighborhood near homes, schools, daycares and house of worship, will destroy neighborhoods and create severe budget stress for the nearly bankrupt City, overburdening Glendale’s public safety, streets and infrastructure. This petition seeks to refer the August 12, 2014 Glendale City Council vote to sign a settlement agreement with the Tohono O’odham Nation in support of the Tribe’s neighborhood casino. A “no” vote on this referral will overturn the Council’s pro-casino decision and respect the NO casino promise, protecting City residents and the Glendale’s budget and core services.”

The pro casino people have already begun their campaign of ridicule and denigration of the referendum petition effort saying, “it’s all about money…the other Tribes do not want the competition of another casino.” Of course it’s about the money. Everyone has their hand in the money pot…the Tohono O’odham, the City of Glendale and the other Tribes.

To accept that their referendum effort is ONLY about “the money” is simplistic, self-serving and makes for great PR but misses the mark. There is a greater imperative for the Gila River Indian Community, the Salt River-Pima-Maricopa Indian Community and all of the Tribes across the state supporting efforts of these two lead Tribes.

As President of the Salt River-Pima-Maricopa Indian Community, Diane Enos, said, “They looked us in the face and lied.”  She is referring to the Tohono O’odham, a member of the coalition of Tribes that negotiated the gaming compact with the state. The TO actively and publicly worked to get voters of the state to approve the compact while deliberately keeping from its Sister Tribes its ultimate plan to put a casino in the Phoenix Metro Area. In fact, it contributed a great deal of money to publicize and to advance the compact with the state’s voters.

The Tohono O’odham lied to its Sister Tribes. It betrayed them. Why? For the money. The Tohono O’odham lied to the State and to every voter who approved the gaming compact. Why? For the money. But somehow for the pro casino supporters that’s supposed to be OK?

Why is the TO’s action simply ignored by the pro casino supporters? For the money.  For all of the Tribes throughout Arizona it is a matter of honor, respect and trust…all of which the TO deliberately chose to betray. That is the real reason the Tribes are driven to oppose the Tohono O’odham’s plans.

If an opportunity to vote on the Tohono O’odham’s casino plans do make it to a Glendale ballot that is what the voters of Glendale should remember. “They looked us in the face and lied.”

© Joyce Clark, 2014

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The Glendale City Council meeting of March 25, 2014 was reminiscent of many meetings I attended. It was one of those marathon sessions, lasting well over 4 hours, attracting many public speakers. The council approved a contingency fund transfer of over $6 million for the arena management fee and accepted staff’s recommendation that retirees will now pay the full liability for their medical insurance. Curiously current city personnel will remain heavily subsided by the city (read, you, the taxpayer).

However, the two big issues were billboards along the Loop 101 and Bell Road and the resolution to officially rescind city support for U.S. Representative Trent Franks’ legislation, HR 1410.

One could see a sea of yellow t-shirts in support of allowing billboards adjacent to the Loop 101 and Bell Road. Jordan Rose of the Rose Law Group delivered a strong, and very, very long presentation on behalf of Becker Boards. Yet speakers against the proposal outnumbered those supporting 2 to 1. It was assumed by many that it was a done deal and would win approval. After all, Councilmember Sherwood had publicly announced that he had the four votes needed for its passage. Can you say, “blind-sided?” The ultimate vote was 5 to 2 against. Only Councilmembers Sherwood and Alvarez voted in favor of Becker Billboards.

Sherwood’s advocacy for the billboards may be more easily understood as one of the speakers questioned his support in terms of the campaign contributions he had received from the stakeholders. A quick pass of his campaign finance reports reveals at least $1,960 received from members of the Rose Law Group and another $1,720 received from members of the Becker family. Approximately 1/5 of his total campaign contributions came from these two entities.  

As a side note, seeing the large campaign contributions from fire unions, fire PACs and union firefighters in Sherwood’s campaign filings has piqued my interest. Look for a future blog that details how much money these fire union entities poured into Glendale’s last election cycle in 2012 and to whom. I suspect it will surprise us all except for the fire unions who probably know to the penny.

Councilmember Alvarez, on the other hand, cast a spite vote in favor of the billboards. After all, if her district must suffer their blight, why shouldn’t North Glendale suffer too?

The other hot issue was a vote by a majority of council to reject Representative Trent Franks legislation (HB 1410) to prohibit casino construction in the Phoenix Metro area after August of 2013. Council’s vote on this issue was much closer this time, 4 to 3, with Councilmembers Alvarez, Hugh, Chavira and Sherwood (perhaps as payback to Chavira) voting in the affirmative. The result of this congressional bill would be to stop the Tohono O’odham in their tracks. You can be sure it will result in another court battle. In the meantime court decisions are not yet settled in the 9th Circuit Court and in the Supreme Court.

Plain and simple, the Glendale City Council should not have done this. It is a slap in the face of a supportive bipartisan congressional coalition made up of the likes of Franks (R), McCain (R), Pastor (D) and others—virtually the entire Arizona Congressional delegation is in support of Franks’ legislation. The State of Arizona has a law on the books—the voter approved Gaming Compact of 2002. Since when can a city council pick and choose which laws it will uphold? It is a premature action that can result in futility should the court cases be resolved against the Tohono O’odham or Franks’ bill become law.

Mayor Weiers read a letter from Representative Franks expressing his disappointment with this council’s action and his pledge to continue to move this legislation forward. The Mayor also expressed concern that should the Tohono O’odham prevail the State Legislature will move to allow gambling state-wide, no holds barred. Many neighborhoods, state-wide, not just in the Phoenix Metro area, may become victims of new casino construction, not just by state tribes but by gaming interests throughout the country.

I, the former Yucca district councilmember, along with many, many Glendale residents, especially in the district affected, the Yucca district, urge the Gila River Indian Community and the Salt River-Pima-Maricopa Indian Communities to stay the course. Continue to fight this deception perpetrated by the Tohono O’odham on you, its sister tribes.

I urge Representative Franks to also stay the course. The 4 current councilmembers who voted to pass this resolution do not represent the majority — Glendale residents opposed to this intrusion. They are misguided–swayed by the promises made to them by the Tohono O’odham. Yet how can we trust a tribe that used deception to buy the land and keep it a secret for 7 years? How can other tribes trust the tribe that used deception and secretly was planning to build a casino while advocating for a state compact that promised no new casinos in the Phoenix Metro area? Anyone who relies upon the Tohono O’odham’s word after having seen their deceptions is a fool. It looks like we’ve got at least 4 fools on the Glendale City Council. Sigh…

© Joyce Clark, 2014

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March 18, 2014 was a “two-fer” in terms of council workshops. The morning session focused on the budget: General Fund budget balancing; Employee medical benefits; and fire staffing. The afternoon city council workshop also had 3 items of discussion: the Becker billboard request; a possible archery range at Heroes Park at 83rd and Bethany; and the Tohono O’odham casino.

I am going to discuss only one of those items here and now – the proposed Tohono O’odham (TO) casino. All of the other items will be covered in a subsequent blog.

In a prior meeting Vice Mayor Knaack requested an assessment of the impact of the proposed casino on the city and during the day’s discussion reminded staff of her original request that: staff (City Attorney Michael Bailey) bring back an assessment of the impact (fiscal and otherwise) of this proposed casino on Glendale; and that staff meet not only with the TO but with the tribes in opposition to the casino. Was Bailey too busy with his tablet and smart phone to pay attention because he fulfilled none of Vice Mayor Knaack’s request? He simply regurgitated former City Attorney Craig Tindall’s well-researched legal opinion on the matter. His actions could be construed as those of someone who is lazy and ill informed. He did not provide this council with Knaack’s original request: that of an assessment of the impact on the city.

Somehow or other the council discussion, at Councilmember Alvarez’ instigation (in person no less), moved to negotiating directly with the TO and opposing Franks’ bill. Chavira and Hugh immediately expressed their support. Mayor Weiers and Councilmembers Martinez and Knaack voiced their dissent. None of this was a vote, as council does not vote at workshop, but gives direction to staff through a majority support to move forward to investigate, plan and bring back information to be voted on in a council meeting.

Four councilmembers (a majority) gave direction to initiate negotiations with the TO and to express the city’s opposition to Congressional Representative Trent Franks’ bill, HR 1410. To what end no one knows because there are still lawsuits to be settled that will determine the proposed casino’s fate.

Councilmember Martinez, in opposition, quoted from a very eloquent article written by former Governor Rhodes of the Gila River Indian Community in the Arizona Republic on October 20, 2010.. The former Governor said, “There’s no literal translation in English that does justice to the tribal word, ‘himdag.’ As Governor of the Gila River Indian Community, himdag guides my every decision, my every action. Himdag, as passed down by our elders across hundreds of years, teaches us to respect for all things, including the value of a promise, abiding by the law and concern for the welfare of others.

Respect as a guiding principle feels old-fashioned in the 21st century, but it exists all the same – even when our community is compelled to sign its name to a lawsuit against the United States Department of the Interior.

You may have read about that lawsuit filed Spt. 16. You may have also read about Glendale’s lawsuit to stop the casino, filed this week. Out of respect, I believe that I must explain the reasons why my community to pointedly disagrees with Washington and with a southern Arizona sister tribe’s plan to build a casino on land they secretly bought in Glendale, 160 miles from their reservation headquarters.

My explanation can be summed up in a single sentence. We believe the TO Nation, with the assistance of the federal government, has disrespected the rule of law, the balance so carefully struck among Indian gaming tribes, our community, Glendale and every Arizonan.

At the crux of our lawsuit is clear evidence that the proper procedure for creating an Indian casino has been sidestepped. I’ll leave the legal wrangling to the lawyers, bit in the 21 months since our sister tribe surprised us with plans to build a casino on our aboriginal lands, our community has learned more than we would care to about legal loopholes, PR spin and shading the truth. The surprises have continues to come, and so have the disappointments especially where our sister tribe is concerned.

In the past, my community and the TO Nation have lived side by side and mutually benefited from our entwined cultures and interests. There’s no better example than the Indian gaming compacts ratified by Arizona voters in 2002. Proposition 202, supported by 17 tribes statewide, including the Gila River and TO communities, created a sound but delicate balance, a promise, that kept casinos out of urban neighborhoods, gave much needed revenue to the state and created an economic engine to lift every tribal community.

To see that balance upset and that promise broken – and to see one tribe use secrecy and legal maneuvering to benefit at the expense of every other tribe and our state – is difficult to comprehend, let alone stand for in silence.

Thus the Gila River Indian Community has taken our case to federal court. Our first goal is to force the federal government to apply federal gaming laws evenly. Never before has a tribe been allowed to “shop” for reservation land half a state away from its homeland, then open a casino on the newly created “pocket reservation.” That not only flies in the face of federal gaming law, but in the face of every Arizona’s vote for Proposition 202.

As for our sister tribe, I know our disagreement is temporary. Himdag has a place of supreme importance in their culture, too. I would like to believe that their leadership will rediscover their way soon enough. I believe we can achieve more together than apart and that greed should never be allowed to trump respect for all things.”

The deciding supporter of Alvarez’ plea was Councilmember Gary Sherwood. Mr. Sherwood can not have it both ways despite the rambling, confusing and often contradictory reasons for his decision. On one hand he says he still supports City Council Resolution 4246 that stated that the city is officially opposed to the TO casino.  It’s important to quote part of that resolution, “Whereas, the City believes that the Tohono O’odham Nation’s assertions and the basis upon which it makes these assertions are incorrect, poor public policy, in violation of the governmental rights, privileges, and authority of the State of Arizona, the County of Maricopa, and the City of Glendale, and are contrary to the best interests of the Citizens of the State of Arizona, the County of Maricopa, and the city of Glendale; and Whereas, the City of Glendale, consistent with the Indian tribes voicing opposition to the Tohono O’odham Nation’s application, opposes off-reservation gaming, including this current effort by the Tohono O’odham Nation to establish gaming on the Proposed Reservation Land, as contrary to the terms of Proposition 202 as presented to the people of the State of Arizona in 2002 and supported by, among other, the Tohono O’odham Nation.” Here is the link to Bailey’s (really Tindall’s legal opinion): http://www.glendaleaz.com/Clerk/agendasandminutes/Workshops/Agendas/031814-W03.pdf .

On the other hand, Sherwood then launched into a monologue stating, in essence, the TO casino will create “synergy” with Westgate and drive more business there. In a pig’s eye and he knows it. Subsidized food, drink and room rates at the TO proposed casino will undercut every restaurant, bar and hotel in the Westgate area. Despite his statement that he still supports opposition to the proposed casino and it will be “contrary to the best interest of the City of Glendale and of the citizens of the State of Arizona” he then supported moving forward with negotiations with the TO and opposition to Franks’ bill.  On one hand he says he opposes the casino because it earns not a penny of revenue for Glendale yet on the other, he is prepared to negotiate and facilitate their eventual presence.  His position is illogical yet he became the fourth councilmember needed to achieve consensus and direction.

Why? Sometimes things become clearer with perspective. Think back to the arena deal vote. Sherwood knew Weiers, Hugh and Alvarez were opposed to the arena deal and Martinez and Knaack already supported him and the deal. The vote was split, 3 to 3. He discovered those 5 members could not be dissuaded. Whether one agreed with or opposed their positions they had the principles of their conviction and could not be moved. He desperately needed that 4th vote of approval for the arena deal.

Who was left? Newly elected Sam Chavira — of course. Whispers of this scenario have circulated for months. If Chavira voted for the arena deal, in return Sherwood would support the casino. Is it true? I don’t know but it makes perfect sense and certainly seems to fit the known facts. Did each sell their souls? For what? Political back scratching? To be recognized in public hockey town halls as the saviors of the Coyotes? Reelection financial support from hockey and TO stakeholders with deep pockets?

But at whose expense? The citizens of Glendale locked into unsustainable arena debt of an estimated $27 million a year with a council unwilling to make the budget cuts that make the arena deal feasible? The Westgate area business owners who will suffer from unfair competition? The residents of West Glendale whose property values will decline with the advent of a casino while crime and traffic increases? The Westgate business owners who will suffer from unfair competition?  The Indian tribes who joined the State Compact in good faith? The voters of the State of Arizona presented with a plan to limit casino locations?

These politicians were just that –typical politicians, exemplifying the worst of the offices they hold. Sherwood delivered an irresponsible and dangerous signal to casino friends and foes alike. His flip flop on one of his campaign promises should be remembered when he runs for reelection. Given this, expect him flip flop again and to support the hated billboards proposed for North Glendale.  After all, he confessed that all of the fuss over the billboards was “baffling” to him and he was “pro-business.” There is no statesmanship here.

© Joyce Clark, 2014

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The City Council meeting of November 26, 2013 had a raucous start, much like council meetings of old. The notion of putting citizen comments at the start of every meeting may come back to bite this council as they experienced their first hour long marathon of citizen commentary. I am not including the public commentary on the night of the Coyotes’ vote as that was to be expected. No, this time it was the opening salvo of a regular, assumed-to-be ho hum council meeting. It was anything but not just because of citizen commentary but because of all of the very serious issues that were up for a vote (more about those issues over the course of the next few blogs).

A majority of council did not comment about citizen commentary at the start of every meeting. Councilmember Sherwood did and made clear that he does not like it. It’s almost as if he considers citizen comments to be irrelevant and just an irritation that prevents him from performing what he considers to be the real business of council. His sentiment was arrogant to say the least. Then Councilmember Alvarez, who is wedded to citizen comments first, just had to rebut Sherwood’s remarks by saying, “When we were elected we were (sic) committed to be here.” How ironic as this is the councilmember who holds the record for her non-attendance at scads of meetings. She even has had the temerity when calling in to council meetings to hang up before the meeting’s conclusion and thus missed those all important citizen comments.

It looks like the Keeping the Promise anti casino group has seared the nerves of the casino supporters with their running of a TV ad and underwriting the costs of an anti casino letter penned by Mayor Weiers. They had their usual suspects…er, supporters out in force to speak on the TO’s behalf before the council. The usual mouthpieces have decided to become visible once again…Ken Jones and Arthur Thruston to name but two. Due to their advanced age they needed time to rest and recharge before becoming public gadflies again. Can you believe that Ken Jones was advocating for yet another public vote? This time his target is the casino. You’d think he would have learned that one needs to be careful what one wishes for. His last effort fizzled out like water dousing a fire. He also opined that the people of Glendale do not need Keeping the Promise running our city and buying city officials. Oh really? Guess he figures it’s okay when the Tohono O’odham appear as if they are buying city officials like Alvarez. He never took the time to complain about Alvarez and her antics with the Tohono O’odham.

Thruston, bless his heart, simply relies on picking and choosing his facts. Those that he doesn’t like, he ignores. He trots down to the podium with a handful of newspaper clippings and pontificates on issues culled from the newspapers (and of course, their, ahem, totally unbiased reportage). He fancies himself as a raconteur in the vein of a modern day Will Rodgers who once said, “you know everybody is ignorant, only on different subjects.”                       

What engendered all of the citizen commentary was Item 12 of the Consent Resolution agenda accepting a grant of over $400,000 from the Gila River Tribe for the purchase of a fire truck. Yet, there was no comment from the citizens when council voted to accept a Tohono O’odham grant of $40,000+ to fund the Glendale Youth Project on October 22, 2013 – a scant month ago. In fact, Alvarez voted to accept that grant voicing praise and voted to reject tonight’s grant. Could her bias be showing? What’s changed? The acceptance of a grant from an anti casino Tribe. That’s the only difference. What was even more astounding were the citizen accusations that Mayor Weiers and Councilmember Martinez are shilling for the casino opposition.  When Councilmember Alvarez engages in the same activity it’s not considered shilling. Strange, isn’t it? There’s an old saying, “People who live in glass houses shouldn’t throw stones.” Alvarez would be well served to rein in her troops or she may find her glass two story home (second story improvement not recorded nor additional property tax paid) shattered in all of the cross fire. It’s merely an observation.

Another action of note is Councilmember Sherwood’s reversal of position on the casino. When he ran last year he was opposed to the casino. He even met and collaborated with now Mayor Weiers, I and candidate Gary Hirsch, all of whom shared the same anti casino position. The anti casino Tribes even did an independent political mailing expressing their support for Sherwood because he ran on a platform of opposition to the casino. Now, inexplicitly or perhaps not so inexplicitly, he has reversed his stance. He, along with Councilmembers Hugh and Chavira, wrote to the Department of the Interior saying don’t pay attention to Glendale’s opposition to a Tohono O’odham casino. Why has the champion of Westgate abandoned it? Remember all of his talk about the necessity of the Coyotes as an anchor for Westgate because the team would attract traffic to Westgate and keep it viable?  Does he really believe that the casino will help Westgate? Nah. Rumor has it that he was contacted by the pro casino forces right after his election and they may have assured him that if he moved to the dark side they would assist in bank rolling his next election. Was that just too good a deal for Sherwood to pass up? You decide.

So, who is keeping the promise to Glendale’s residents? The promise that a casino does not belong in Glendale, will cost our taxpayers for the supporting infrastructure and will destroy a pledge made by all of the tribes (including the Tohono O’odham) when seeking voter support for the 2002 voter approved Gaming Compact. It’s no longer Sherwood. If he could change his position on this issue so readily, how can we believe what his stance is on other issues? It appears that his guiding principle has become one of pragmatism but what has happened to one’s word being one’s bond?

© Joyce Clark, 2013

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On September 11, 2013 the Glendale Republic ran an article by Caitlin McGlade entitled Glendale softens harsh casino tone. It makes me angry to see the AzRepulsive begin its not so subtle media infomercial in an effort to sway public opinion in support of the Tohono O’odham (TO) Tribe’s ambitions.  In my latest unscientific blog poll I asked the question, Is the Arizona Republic’s reporting fair and balanced? Of the 50 respondents, 40 (80%) said, “No” and 10 (20%) said, “Yes.” 4 out of 5 people no longer believe that its coverage is fair and balanced and recognize that its reporting is slanted.

I stand with Congressman Trent Franks, the Gila River Indian Community and the Salt River Pima-Maricopa Indian Community (and all of the tribes in the state supporting them). I do not support a casino in Glendale and I believe a dialogue with the TO only becomes necessary if all legal avenues are closed and the Tribe prevails. It sends the wrong message.

I am not going to repeat all of the reasons why planting a casino in Glendale should not happen. Instead, in April of 2013 I authored a 5 part blog series on the effects of a casino. If you have not read them, please take the time to go back and check them out:

  •    April 11, 2013      Casino, to be or not to be, Part 1
  •    April 15, 2013      Casino…promise made, promise broken, Part 2
  •    April 16, 2013      Casino…good, bad or indifferent?, Part 3
  •    April 22, 2013       A casino is a casino…no matter where it is, Part 4
  •    April 24, 2013      Casino…it’s lose, lose for everyone, Part 5

What truly dumbfounds me is that one of the major rationales for keeping the Coyotes hockey team at Glendale’s Jobing.com Arena is that it generates more people and therefore more sales tax to the businesses (and the city) in Westgate. Yet Councilmember Sherwood apparently believes that the casino will do no harm to Westgate and says, “There’s not enough right now to keep people here. The casino just offers another thing for folks to do if they’re in town.” Is he nuts? Even Peoria Mayor Bob Barrett who has supported the casino from the start acknowledges, “In the short term, it (the casino) will probably hurt Westgate…” Sherwood is speaking from both sides of his mouth. On the one hand keeping the hockey team is good for Westgate and on the other the casino is good for Westgate as “another thing for folks to do.” We know that the casino will siphon discretionary dollars away from Westgate. Councilmember Sherwood, you can’t have it both ways.

Vice Mayor Knaack is performing her usual wringing of hands routine and practicing “kumbaya” with her comment, “We can’t keep on and on and on with this.” She just wants everyone to get along. Whatever happened to sticking to one’s principles? Is this another example like her avowal that she supports the downtown merchants as she votes approval for a liquor license they opposed?

Councilmember Martinez gets it with, “How do casinos attract their clients? Cheap booze, cheap food and the cost of the rooms are minimal. Here (at Westgate) we have hotels and restaurants paying taxes and helping us pay off our debts to the arena and everything else and the tribe comes in with a clean hand and they don’t have to pay anything.” Bravo Councilmember Martinez. You do get it and you are sticking to your principles.

The Gila River Indian Community said, “…any dialogue between the city and the TO would have no bearing on the Gila River’s position.” Salt River Pima-Maricopa Indian Community President Diane Enos said it best in this statement, “If the commitments to keep tribal casinos out of neighborhoods made by all 17 Arizona tribes during Prop. 202 negotiations were being kept, cities like Glendale wouldn’t find themselves in these circumstances, vulnerable to broaching risky developments like this off-reservation casino, exasperated further by the current economic climate in Glendale.” Bravo President Enos. You get it too. I wonder what the Republic’s position would be if the Tribes pulled their considerable advertising dollars?

Let’s at least acknowledge that the TO and its supporters are preying on Glendale’s weakened financial position and using it as leverage to further their cause. Before its indebtedness became a cause célèbre leaders in Glendale stood on principle. How much gold are our elected officials willing to sell out for? Glendale must stay the course.

PS: In the September 12, 2013 edition of the Arizona Republic the story ran again. Only this time the comments from the Salt River Pima-Maricopa Indian Community and the Gila River Indian Community are omitted while keeping the TO’s comments intact. Way to go Arizona Republic!

©Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Lawwho have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to:http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.

newsOn August 1, 2013 The Glendale Star’s editor, Carolyn Dryer, delivered a commentary entitled Stop the waste; let Nation build resort/casino. As commentary obviously this is her position as well as that of the Glendale Star. One would expect no other position by the Glendale Star and Ms. Dryer considering that she has advocated for the position of Councilmember Alvarez (an avid supporter of the Tohono O’odham [TO]). Ms. Dryer even attended a meeting on the subject (along with other supporters) hosted by Alvarez at her home. That same meeting had as an attendee a Tohono O’odham hired consultant. I’m not sure why Ms. Dryer simply didn’t let TO Chairman Ned Norris, Jr. write her commentary – after all it is the TO party line almost word for word. She questions the motives of the plaintiffs — the City of Glendale, the State of Arizona and the Gila River Indian Community and the Salt River Pima Maricopa Indian Community (supported by the way, by virtually every other Indian Nation in the state).  She implies that all of these parties are motivated by greed. Oh really? The City of Glendale seeks to maintain local control of its land (a county island within its municipal boundaries); the State seeks to maintain the integrity of states’ rights within its own borders; and the Indian tribes seek to protect the 2002 state-wide, voter approved State Gaming Act. Blatant greed falls on the shoulders of the Tohono O’odham. Their many deceptions give testimony to their willingness to sacrifice the Gaming Act to satisfy their desire for more revenue. gambling 3She then dismisses the risk to Indian gaming in this state if the Tohono O’odham prevails. It has been acknowledged by many over the years that if the TO succeed it destroys a carefully crafted state gaming compact and opens the flood gates for gaming to be sited anywhere — perhaps even near your neighborhood. Ms. Dryer then delivers what she believes is her coup de grace…job creation. Again, this is the TO party line. The Tohono O’odham have said repeatedly there will be 6,000 construction jobs. The Maryland Live! Casino is a 332,500 square foot facility (twice the size of the proposed TO casino) and anticipates creating 2,750 construction-related jobs (half that number would be approximately 1,400 jobs and reflects a much more realistic number for a TO facility much smaller). In an effort to “sell” the benefits of the TO casino the numbers have been inflated. It is a subtle form of deception, no doubt, but not unexpected. Problems throughout the country related to casino construction have surfaced. There is no guarantee by the TO that only local construction companies or workers will be used. Here is an example that demonstrates the out-of-state use of construction workers – a Press Release from a coalition of unions in California issued on January 15, 2013, “ROHNERT PARK, CA: Graton Rancheria’s (my note: a coalition of Indian tribes) promises to Sonoma County union workers have been dashed by lay-offs of local union members as out-of-area workers are being brought in to take their places. Sonoma County union construction workers report that workers are being brought in from “Nevada and the L.A. area” and even as far away as Alabama to work on the Graton Rancheria casino/hotel project in Rohnert Park. It is amazing that the supporters of the casino still don’t get it. In their lust for job creation they are willing to accept a host of problems that are the baggage that a casino brings to a community, especially one with 10,000 homes and apartments adjacent to it. The sacrifice of our community is not worth the promises made.

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