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Health, Innovation and the Promise of VAWA 2013 in Indian Country

Valerie Jarrett and Tony West, Indian Country Today Media Network

Senior Advisor Valerie Jarrett speaks to Tulalip Court leaders about the implementation of VAWA 2013 in Indian country. September 5, 2013. (by Charlie Galbraith, Associate Director of Intergovernmental Affairs)

[The morning of September 5], we made our way north from Seattle, past gorgeous waterways, and lush greenery to visit with the Tulalip tribes of western Washington, where we were greeted by Tribal Chairman Mel Sheldon, Vice Chairwoman Deb Parker, and Chief Judge Theresa Pouley. We saw first-hand, a tribal court system which serves to both honor the traditions of its people and to foster a renewed era of tribal self-determination.

The Tulalip Tribes of Washington, like many American Indian tribes, have built a tribal court system that serves the civil needs of their community, holds criminals accountable, and protects the rights of victims and the accused in criminal cases. By engaging the entire spectrum of stakeholders, including judges, the police, public defenders, tribal attorneys, as well as tribal elders, and even offenders in many cases – the system they have put in place is producing impressive results with a unique focus on innovative, restorative, and communal solutions.

Because of the successful 2013 Reauthorization of the Violence Against Women Act, which President Obama signed into law on March 7, 2013, tribal courts and law enforcement will soon be able to exercise the sovereign power to investigate, prosecute, convict, and sentence those who commit acts of domestic violence or dating violence or violate certain protection orders in Indian country, regardless of the defendant’s Indian or non-Indian status. The tribal provisions of this landmark legislation were originally proposed by the Department of Justice in 2011 to address alarming rates of violence against Native women. We believe today, as we did then, that this is not only constitutionally sound law, but it is also a moral prerogative and an essential tool to ensure that non-Indian men who assault Indian women are held accountable for their crimes.

The 2013 VAWA reauthorization might never have happened without the relentless efforts of Native women advocates like Tulalip Tribal Vice Chairwoman Deborah Parker, whose personal courage and dedication to this cause helped carry the day. The Tulalip Tribe was but one example that helped demonstrate to Congress and many others that there are tribal courts prepared to exercise this important authority that was swept away by the Supreme Court’s 1978 Oliphant ruling.

This new law generally takes effect on March 7, 2015, but also authorizes a voluntary pilot project to allow certain tribes to begin exercising this authority sooner.

After a visit to the Tribal Courthouse, we then visited the Tulalip Legacy of Healing Safe House, a domestic violence shelter housed in facilities renovated with federal Recovery Act funds, to provide victims a safe place, and the chance they need to start fresh and rebuild.

And finally, it wouldn’t have been an authentic trip to Tulalip lands and the Pacific Northwest without a traditional salmon luncheon. We joined around 50 tribal members at the Hibulb Cultural Center to learn more about the ancient tribal traditions of the Tulalip people, and of course, to enjoy the region’s most time-honored and delicious delicacy.

We were reminded this week of how much progress is being made by tribal justice systems across the country. These efforts are being led by courageous Native people like the Tulalip who are dedicated to making the promise of the VAWA 2013 Reauthorization into a reality for generations of Native American women.

A White House Blog Post. Valerie Jarrett is the Senior Advisor to the President and Tony West is the U.S. Associate Attorney General

Idle No More ‘Shame on Canada’ protest in San Francisco

By Karen Pickett, Bay Area Coalition for Headwaters

On Monday morning, Sept. 9, organizers from Idle No More Bay Area and supporters converged on the Canadian Consulate in San Francisco, Calif. to say “Shame on Canada.” They called for a stop to the disastrous effects on First Nations people and others in the sacrifice zone in Alberta, Canada due to tar sands mining and steam drilling, citing loss of livelihood, toxic contamination, cancers, and damaged and sick children. People called for a rapid wind down of tar sands mining, a halt to Keystone XL pipeline, sequestration of the wastewater, restoration of the devastated region, and reparations. Pull in the tentacles of the oil companies from around humanity’s neck!

During the several hours that people demonstrated, sang, prayed and drummed at the Consulate, a proclamation and list of demands was signed by everyone present and delivered to Consulate officials by Penny Opal Plant, one of the organizers of the demonstration.

Other co-sponsors of the on-going protests against Tar Sands development and the Keystone pipeline include Rising Tide, Do the Math and 350.org.

Merged fire services in Arlington proposed

By Gale Fiege, The Herald

ARLINGTON — Experts are recommending that three north Snohomish County fire departments join forces to save money.

Instead of going it alone, the Arlington Fire Department, Silvana Fire District 19 and Arlington Rural Fire District 21 should consider forming a regional fire authority, according to a to a $76,000 study released Thursday.

The move could benefit the jurisdictions financially in the long run, said officials with the Portland-based Emergency Services Consulting International, the organization commissioned to do the study.

Many other fire departments, fire districts and emergency services organizations around the country have combined efforts to reduce costs, eliminate duplication of services and increase firefighting capabilities, said Don Bivins of the consulting firm.

Most recently, Stanwood joined the North County Regional Fire Authority in 2012. Similar agreements and discussions also have taken place in south county, where cities and fire departments spent years discussing a potential regional fire authority plan before the talks fell through earlier this year.

The study in north county showed that local fire districts and the Arlington Fire Department also might want to consider consolidating training efforts, equipment and volunteer services.

Currently, the only combination that seems to benefit any of the districts financially is the Arlington, Silvana and rural Arlington recommendation, Bivins said.

Nevertheless, the study recommends that North County Regional Fire Authority and Camano Island Fire and Rescue should look for ways to consolidate in the future, as should Darrington Fire District 24 and Oso Fire District 25. Another idea proposed in the study is that North County Fire might want to annex Tulalip’s fire department and Silvana District 19.

The study found that all fire districts in north Snohomish County need each other, but that all are protective of their territory and authority.

“Fear of combining forces is a normal reaction,” Bivins said. “However, the depth of this feeling in north Snohomish County was surprising.”

Arlington City Councilwoman Marilyn Oertle said she likes the recommendations made by the study.

“There is a lot of potential there,” Oertle said. “We need to do the right thing for the taxpayer.”

However, “the devil is in the details,” said Arlington Mayor Barb Tolbert.

“With this study, we got a lot of good information and I appreciate that it was clear that a regional fire authority could be beneficial,” Tolbert said. “But we are dealing with big concepts and it’s really very complex. We have a lot of work to do.”

Reporter Rikki King contributed to this story.

Obama gives Syria one diplomatic option

REUTERSPresident Barack Obama addresses the nation about the situation in Syria from the East Room at the White House in Washington on Tuesday night. — REUTERS
President Barack Obama addresses the nation about the situation in Syria from the East Room at the White House in Washington on Tuesday night.

By David Nakamura and Zachary A. Goldfarb, The Washington Post

WASHINGTON — President Barack Obama said Tuesday that he will seize one last diplomatic opening to avoid military strikes on Syria but made a forceful case for why the United States must retaliate for that nation’s alleged use of chemical weapons if the effort fails.

In a nationally televised address, Obama cautiously welcomed a Russian proposal that the government of Syrian President Bashar Assad give up its stockpile of chemical weapons, signaling that he would drop his call for a military assault on the regime if Assad complies.

But with little guarantee that diplomacy would prevail, Obama argued that the nation must be prepared to strike Syria. Facing a skeptical public and Congress, the war-weary president said the United States carries the burden of using its military power to punish regimes that would flout long-held conventions banning the use of biological, chemical and nuclear weapons.

“If we fail to act, the Assad regime will see no reason to stop using chemical weapons,” Obama said. “The purpose of a strike would be to deter Assad from using chemical weapons and make clear to the world we will not tolerate their use.” But he added that he has “a deeply held preference for peaceful solutions” as he pledged to work with international partners to negotiate with Russia over a United Nations resolution on a Syria solution.

The speech was a plea from a president who, defying public opinion, has pushed the United States toward using force in Syria — and staked his and the nation’s credibility on whether he can get Congress to support him. But it also followed two days of intense political and diplomatic negotiations on Capitol Hill and abroad that appear to have shifted his calculus for how quickly to move forward with direct intervention.

Obama pledged that before pursuing military options, his administration would explore a surprise offer from Russia on Monday to persuade Assad to surrender his chemical weapons to United Nations inspectors.

The president had visited Congress in the afternoon, asking senators in both parties to delay a vote on a resolution that would authorize him to order strikes on Syrian government targets in retaliation for the alleged chemical attack on Aug. 21 that reportedly killed more than 1,400 Syrians near Damascus.

A White House official said Obama spent an hour apiece with the Democratic and Republican caucuses, reviewing evidence of the attack and reiterating his decision to pursue a “limited, targeted” military strike that would not involve U.S. troops on the ground in Syria.

But the president also told lawmakers that he would “spend the days ahead pursuing this diplomatic option with the Russians and our allies at the United Nations,” said the official, who spoke on the condition of anonymity to discuss private deliberations.

The proposal appeared to be gaining traction Tuesday, as Syria embraced it and China and Iran voiced support. But a telephone conversation between French Foreign Minister Laurent Fabius and his Russian counterpart, Sergei Lavrov, revealed a deep divide over their visions of the U.N. Security Council’s role and particularly over the prospect of military action to ensure that an agreement would be honored.

There also were doubts about how Syria’s stockpiles could be transferred to international monitors amid a protracted civil war that has killed more than 100,000 people.

The call took place after France said it would draft a Security Council resolution to put the Russian proposal into effect.

The Russian offer could serve as a potential escape hatch for a president who has at times appeared reluctant to pursue military force, even after saying he believed it was the right course to reinforce a “red line” against chemical weapons. Obama has struggled to build an international coalition for such action.

And with congressional and public support for a U.S. strike dwindling rapidly over the past week, Obama’s request to delay the Senate vote bought him time to try to convince the public that the White House is pursuing a viable and coherent strategy despite a muddled message since the alleged chemical attack.

“Bottom line is we’re all going to try to work together,” said Sen. Charles Schumer, D-N.Y., after the lunch with Obama. “There is hope, but not yet trust in what the Russians are doing. But I think there’s a general view, whether people are for it or against it, there’s an overwhelming view that it would be preferable if international law and the family of nations could strip Syria of the chemical weapons. And there’s a large view we should let that process play out for a little while.”

Sen. Bob Corker of Tennessee, a key GOP proponent of a military strike in Syria, emphasized that the option of U.S. force remained viable, but he added that “it’s probably good for us just to take a pause.”

At the same time, administration officials made clear that they will not accept the Russian offer at face value or engage in protracted negotiations that indefinitely delay its response to Assad. Russia has consistently blocked U.N. action against Syria, its geopolitical ally, frustrating the Obama administration and leading the president to announce that he would pursue military strikes independent of that international body.

Secretary of State John Kerry said Tuesday that the United States would demand a Security Council resolution authorizing a strike if Syria refused to turn over its chemical stockpile, a provision the Russians promptly rejected.

Kerry told a House committee that the proposal “is the ideal way” to take chemical weapons away from Assad’s forces.

Russian President Vladimir Putin countered that the disarmament plan could succeed only if the United States and its allies renounced the use of force against Syria.

Kerry will travel to Europe this week to discuss the proposal with Lavrov, a senior administration official said later Tuesday. The meeting will be held Thursday in Geneva, where the United States and Russia hope to convene a separate peace conference on Syria, the official said.

“We need a full resolution from the Security Council,” Kerry said Tuesday during an online forum held by Google. “There have to be consequences if games are played.”

The stakes were high for Obama’s address to the nation. He has delivered just nine White House speeches in prime time, according to CBS Radio correspondent Mark Knoller, who keeps tallies on presidential appearances. Obama chose the grand East Room over the more intimate Oval Office, which is the traditional location for commanders in chief to talk to the country about war.

Experts said it made sense for Obama to delay the congressional vote because his hand would be strengthened even if the Russia proposal fails.

“It gets him out of his disastrous political mess,” said Rosa Brooks, a former Pentagon official. Obama will be able to say he made every effort to avoid a military conflict, making it “a lot easier for him to make the case for force.”

But other analysts were more circumspect, fearing that stalling on the part of Russia and Syria could give Assad time to hide his stockpile.

“The most dangerous downside,” said Jon Alterman, a former State Department official now at the Center for Strategic & International Studies, “is you get absorbed in endless processes which take you back to the status quo ante and you neither removed the weapons and you lost the momentum when there was support for action.”

– – –

Washington Post staff writers Paul Kane and Ed O’Keefe contributed to this report.

NICWA And NCAI Applaud United Nations’ Anaya For Calling on U.S. To Protect Veronica’s Human Rights

U.N. Expert Says ‘All Necessary Measures Should Be Taken’

Source: National Congress of American Indians

Portland, Ore. and Washington, D.C.—The National Indian Child Welfare Association (NICWA), the National Congress of American Indians (NCAI), and Angel Smith, an independent attorney appointed by the District Court of the Cherokee Nation and “Next Friend in the filing,” are applauding today’s action by the United Nations Special Rapporteur on the Rights of Indigenous Peoples James Anaya calling for state, federal, and tribal authorities in the United States to take all necessary measures to ensure that the well-being and human rights of Veronica Brown, the four-year-old Cherokee child at the center of a highly contentious custody dispute, are protected.

Anaya’s office in a release today pointed out that the Indigenous rights are guaranteed by various international instruments subscribed to or endorsed by the United States, stating, “I urge the relevant authorities, as well as all parties involved in the custody dispute, to ensure the best interests of Veronica, fully taking into account her rights to maintain her cultural identity and to maintain relations with her indigenous family and people.”

NICWA, NCAI, and Smith, who had brought their concerns to the Special Rapporteur’s attention, hailed the announcement as corroboration of the concerns raised both in the federal civil rights lawsuit on behalf of Veronica in July and in ongoing legal matters in Oklahoma.

Among the possible human rights violations is the forced removal of Veronica from her Indian family and tribal nation without adequate protection or recognition of her right to culture. Such removal violates her right to culture, education, family, and tribal nation as guaranteed by Articles 7 and 8 of the U.N. Declaration on the Rights of Indigenous Peoples and Article 27 of the International Covenant on Civil and Political Rights.

The executive directors of two leading national organizations, NICWA’s Terry Cross and NCAI’s Jacqueline Pata, called for the national conversation about the case to focus on Veronica’s human and civil rights.

“These rights are being violated by the failure of the courts to provide Veronica, her tribal nation, and her extended family with opportunities to be heard regarding her best interests,” said Cross. “What the U.N.’s involvement indicates is that we must all agree to turn our focus back to Veronica. When we do, it becomes disturbingly clear that the courts have utterly failed to protect what is guaranteed to her by international law and established treaties, best adoption practices, and in my opinion, basic tenets of decency. Her rights have been violated, pure and simple.”

“We commend the Special Rapporteur for engaging on this issue—it’s a vital step for protecting all Indigenous children throughout the world. It’s important to note that these are violations of international laws recognized and ratified by the United States long ago, not external forces weighing in on domestic laws,” said Pata. “Veronica, and all similarly situated Indian children, families, and tribal nations, have deeply felt interests in maintaining their individual and collective rights to family, culture, and community. These basic human rights, along with the fundamental principles of self-determination, non-discrimination, due process, and equality, must be protected.”

Smith agreed, stating, “Of course the facts of these matters are heart aching. Even so, it is important and required that when considering Veronica’s rights and protections to acknowledge that, as an Indigenous child, she holds the rights of continued connection to her family, her culture and community. It has been tragic that, in the media firestorm following this case the last two years, so little attention has been paid to Veronica’s basic human rights. These are rights and protections due her—due to Veronica—and are independent of any other individual involved in these matters. Veronica’s rights and interests must be considered.”

Smith continued, “If she were any other child, in any other case, her present situation, needs, and rights would be considered and would have been part of the determination. Today, Veronica is a four-year-old little girl with her own view of her daily world and her own identity. She has her own words, and her own voice. It is time Veronica is heard because it is, after all, Veronica’s life.”

About The National Congress of American Indians

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information visit www.ncai.org

Whiteclay clashes continue

Sept 11, 2013 By KERRI REMPP

RapidCityJournal

Protestors continue to rally against alcohol sales in Whiteclay, with the situation escalating last week.

Incidents began on Labor Day when protestors marched into the small town just south of the South Dakota state line.

“That day, basically, they were pretty calm, except they went to some of the beer stores and squirted some substance in to the locks. It appeared to be some kind of glue,” said Sheridan County Sheriff Terry Robbins. Store owners had to replace the locks.

The next day, authorities and protestors confronted each other again during weekly beer deliveries by Budweiser.

The protestors hid behind a building on the South Dakota side of the border until the trucks arrived and then attempted to gain access to the beer stores, engaging in confrontations with authorities, Robbins said. A female individual also allegedly spray painted a Whiteclay building. As authorities tried to arrest her, other protestors began shoving, hitting and spitting on the officers, which included Robbins, one of his deputies and two Nebraska State Patrol troopers. Robbins and the NSP troopers each requested additional help from their respective agencies.

The protestors eventually moved back in to South Dakota. An NSP report indicated that there they set up four cars across the road and refused to allow traffic entry to South Dakota.

The Budweiser delivery was halted Sept. 3, and the trucks told to “back out of town” until the matter was under control, Robbins said. Delivery was never completed that day, but all three distributors that serve the town were able to make deliveries without issue on Thursday. Budweiser also visited Whiteclay again this week without problems.

“The sad part about this is that very few of these people (the protestors) actually live in Shannon County, and very few are tribal members,” Robbins said. Many of the protestors are from other areas of the country, and many do not appear to be Native American, he added.

The Pine Ridge Reservation recently voted to allow alcohol sales on what has traditionally been a dry reservation. The tribal council must still formulate the regulations and policies that will guide alcohol sales and consumption on the reservation. Robbins said he’s visited with tribal members who are for and against allowing alcohol on the reservation.

‘Fort McMurray is a wasteland’: Neil Young slams oil patch, Keystone plans

Video: Neil Young says Fort McMurray looks like ‘Hiroshima’

Paul Koring and Kelly Cryderman

WASHINGTON/CALGARY — The Globe and Mail

Sep. 10 2013

Canadian rocker Neil Young has waded into the bitter debate over Alberta’s vast oil sands and the controversial Keystone XL pipeline planned to funnel one million barrels a day of Canadian crude to huge refineries in Texas and Louisiana.

Mr. Young said in a news conference on Monday that oil sands extraction was killing native peoples, igniting a new firestorm in the ongoing battle between proponents who want the massive reserves extracted and an array of opponents who argue that burning the carbon-heavy crude will seriously exacerbate global warming that threatens the planet.

Neil Young arrives for the film "Neil Young Journeys" at the Toronto International Film Festival in Toronto on Sept. 12, 2011.(Nathan Denette/THE CANADIAN PRESS) — Neil Young arrives for the film “Neil Young Journeys” at the Toronto International Film Festival in Toronto on Sept. 12, 2011.
(Nathan Denette/THE CANADIAN PRESS)

“The fact is, Fort McMurray looks like Hiroshima,” Mr. Young said in Washington. “Fort McMurray is a wasteland. The Indians up there and the native peoples are dying.”

Keystone opponents were quick to cheer Mr. Young’s blunt intervention.

Sierra Club spokesman Eddie Scher said: “Neil Young has been expressing and exposing hard truths his whole career,” adding: “Looks like he’s at it again.”

Natural Resources Minister Joe Oliver – who was in Washington himself on the same day for a meeting with U.S. Energy Secretary Ernest Moniz, took a different view.

“I am a big fan of Neil Young’s music,” Mr. Oliver told the Globe. “But on this matter we disagree because Keystone XL will displace heavy oil from Venezuela which has the same or higher greenhouse gas emissions, with a stable and secure source of Canadian oil.”

The singer is among a growing number of well-known activists speaking out against Keystone XL “Neil Young is speaking for all of us fighting to stop the Keystone XL,” said Jane Kleeb, Executive Director of Bold Nebraska, a coalition of landowners and others opposed to the $5.3-billion Keystone XL pipeline. “When you see the pollution already caused by the reckless expansion of tar sands, you only have one choice and that is to act.”

Mr. Young, one of Canada’s best-known singer-songwriters since the 1960s, told a conference in Washington Monday that he recently travelled to Alberta, where “much of the oil comes from, much of the oil that we’re using here, which they call ethical oil because it’s not from Saudi Arabia or some country that may be at war with us.”

As for Keystone, Mr. Young lampooned claims that it would create lots of jobs.

“Yeah it’s going to put a lot of people to work, I’ve heard that, and I’ve seen a lot of people that would dig a hole that’s so deep that they couldn’t get out of it, and that’s a job too, and I think that’s the jobs that we are talking about there with the Keystone pipeline,” he said.

He spoke at the U.S. National Farmers Union conference in Washington, intended to support alternative fuels, such as ethanol, which he did at length, slamming Big Oil and talking about his own LincVolt, an old Continental that runs on ethanol and electricity.

Young said he drove the 1959 Lincoln, which runs on ethanol and electricity, to Fort McMurray while traversing the continent from his California home to Washington over the last two and half weeks.

At the same time, Canada’s Natural Resources Minister Joe Oliver was making the latest in a long series of lobbying visits by ministers and premiers intended to sway President Barack Obama to approve the long-delayed pipeline.

Ms. Kleeb wasn’t impressed. “Prime Minister Harper can write all the memos he wants, Joe Oliver can say anything but the reality is people are dying and the alliance between cowboys and Indians is stronger than any K Street lobbyists Canada hires.”

All Risk, No Rewards, another group opposed to Keystone XL also echoed Mr. Young’s comments.

“Canada’s First Nations know all too well the risks of Keystone XL and the risks of expanding the tar sands,” said Rachel Wolf, a spokeswoman for the group. Ranchers in Nebraska and First Nations peoples in Canada have more in common than one might think: they’re ‘Ordinary People’ who share a common goal to protect their land and protect their water, and they both know that these tar sands expansion projects are all risk and no reward.”

Mr. Young described his recent visit graphically. “The fuel’s all over – the fumes everywhere – you can smell it when you get to town. The closest place to Fort McMurray that is doing the tar sands work is 25 or 30 miles out of town and you can taste it when you get to Fort McMurray. People are sick. People are dying of cancer because of this. All the First Nations people up there are threatened by this.”

Mr. Young’s comments don’t sit well with Fort McMurray’s mayor, who called them “blatantly false.”

Melissa Blake, mayor of the Regional Municipality of Wood Buffalo, which includes Fort McMurray, said she has no problem with people having environmental interests at heart.

But she said Fort McMurray is totally different from Mr. Young’s characterization. With his power in the music industry, she’s disappointed “there wasn’t more rationality to it.”

“When people say it’s a wasteland, it really and truly isn’t,” Ms. Blake said. “When it comes to the community of Fort McMurray, you’re overwhelmed frankly by the beauty of it. You’ve got an incredible boreal environment that’s all around you. You proceed further north into the oil sands and inevitably, there’s mining operations that will draw your attention because they take up large chunks of land.”

The mayor said she always invites outsiders to the region to see the landscape, and to see oil sands companies’ reclamation efforts.

Danielle Droitsch, director of the National Resources Defense Council, said “Seeing tar sands development up close is shocking” adding “these are massive operations and industry hopes to triple its production over the next 20 years.”

Blocking Keystone XL will thwart expansion of oil sands production, according to the NRDC, but Mr. Oliver says Canada will just export its reserves elsewhere.

With files from Steven Chase and The Canadian Press

Redskins remorse?

Sports columnist Peter King refuses to use controversial name of Washington’s NFL team

By John Luciew

Penn News September 10, 2013

The Washington Redskins could have bigger problems than their 33-27 loss to Coach Chip Kelly’s no-huddle, quick-strike Philadelphia Eagles last night. Once again, outrage is brewing over the Redskins name. And now one of the nation’s most respected NFL journalists has joined the side who believes Washington’s team name is an affront to Native Americans.

None other than Peter King, the Monday Morning Quarterback, himself, is swearing off using the term “Redskins” ever again in his blanket-like coverage of the NFL. King made the announcement on his Monday Morning Quarterback website, a multi-page overview of all things NFL.

“I’ve decided to stop using the Washington team nickname. It’s a name you won’t see me use anymore. The simple reason is that for the last two or three years, I’ve been uneasy when I sat down to write about the team and had to use the nickname. In some stories I’ve tried to use it sparingly. But this year, I decided to stop entirely because it offends too many people, and I don’t want to add to the offensiveness. Some people, and some Native American organizations—such as the highly respected American Indian Movement—think the nickname is a slur. Obviously, the team feels it isn’t a slur, and there are several prominent Native American leaders who agree. But I can do my job without using it, and I will.”

And just to prove it, King pointed to a 2,400-word feature on Washington’s offensive coordinator, Kyle Shanahan, that never once mentions the team’s name.

For his part, Redskin’s owner Daniel Snyder has said repeatedly that he has no intention of ever changing his team’s name, despite protests from Native American groups and a growing legion of sports journalists, who like King, will not say or write the team name.

Snyder has emphasized the word “never” when ruling out such a name change, instructing reporters to print the word in all-caps.

Judge orders Marysville to pay Cedar Grove $143,000

A judge finds that the city failed to turn over emails requested by Cedar Grove Composting as public records.

September10, 2013

By Bill Sheets, Herald Writer

EVERETT — The city of Marysville was ordered Monday by a judge to pay more than $143,000 to Cedar Grove Composting for violations of the state public disclosure law.

The Everett composting company last year sued Marysville in Snohomish County Superior Court over the city’s withholding of emails between it and a consultant.

In an unusual move, Judge Richard T. Okrent also ruled that the city should have disclosed emails related to Cedar Grove that were sent internally at the consulting firm, Strategies 360.

Cedar Grove officials did not respond Monday to an email seeking comment.

The city of Marysville, the Tulalip Tribes and many who live in Marysville and Everett have been battling Cedar Grove for several years over allegations that the company’s Smith Island plant has been emitting offensive odors in the area.

Strategies 360 was performing public relations work for Marysville related to the issue.

The consulting firm already had been hired by the city to lobby on transportation and other issues and had been paid a flat rate of $7,500 per year for all the combined work, according to city administrator Gloria Hirashima.

Last year, Cedar Grove filed a public disclosure request with the city for all written communications with Strategies 360 related to the composting company. The city supplied most of the emails but withheld a number of them, claiming they were exempt from public disclosure because of attorney-client privilege. The emails contained discussions of legal strategy, Hirashima said.

Okrent ruled that 15 of those emails did not meet that standard. Though Marysville released the emails before Cedar Grove filed the lawsuit, the city should have released them sooner, the judge ruled.

The emails contained possible strategies and approaches, some of which the city used and some it didn’t, Hirashima said. For example, the city acted on the consultants’ suggestion to have city and Tulalip tribal leaders send letters to elected officials, she said.

The emails also revealed that the city and Strategies 360 helped residents write letters to newspapers and with other activities, such as applying for grants, according to the original complaint by Cedar Grove.

Hirashima said there’s nothing wrong with that in itself.

“We had literally hundreds of citizens asking us for help on this issue,” she said.

Mike Davis, leader of the Cedar Grove opposition group Citizens for a Smell Free Snohomish County, acknowledged he had help with letter writing but said he took the initiative.

“Any implications that we were created by the city of Marysville or that they ran the citizens group is not true,” he said. “I went to my elected officials as any citizen should. We were offered and gladly accepted help from the city. Fix the smell, I go away, it’s that simple.”

Also, Okrent ruled the city was negligent in failing to track down 19 other emails in response to Cedar Grove’s disclosure request.

Marysville also should have released internal Strategies 360 emails pertaining to Cedar Grove, the judge wrote in the ruling signed on Monday. The firm was acting as an employee of the city on the matter, he said.

“Marysville knew what Strategies was doing, paid them for those activities, was generally aware that there were documents in Strategies’ possession created during those activities, and discussed the contents of some of those documents with Strategies,” Okrent wrote.

The attorney working on the case for Marysville, Jeff Myers of Olympia, said the ruling broke new legal ground.

“I think it caught everyone by surprise that the court did what we thought was an unprecedented extension of the public records act to records the city never had,” Myers said. “Those were things the city never saw, didn’t possess and some of it was done for other clients.”

Myers said he’s specialized in public disclosure law for nearly 10 years and “it’s the first time to my knowledge it’s been done anywhere,” he said of the ruling.

Hirashima said the ruling sets an ominous precedent in terms of how the city and other government agencies must respond to disclosure requests in the future.

“This is a distraction from trying to get the (odor) issue addressed,” she said. “There are tools Cedar Grove has to inflict punishment back.”

Cedar Grove two years ago was fined $119,000 by the Puget Sound Clean Air Agency for odor violations at its plants in Everett and Maple Valley in King County.

That amount was applied toward Cedar Grove’s $200,000 contribution to a $375,000 study of odors in the Snohomish River Delta run by the Clean Air Agency.

The city of Seattle and King County, both of which send yard and food waste to Cedar Grove, put up $100,000 and $50,000, respectively. The Clean Air Agency is spending $25,000.

Bill Sheets: 425-339-3439; sheets@heraldnet.com.

Feds give final approval to owl-killing experiment

Barred OwlPhoto Source: Wikipedia — Barred Owl
Photo Source: Wikipedia

September 10, 2013 @ 9:14 am

GRANTS PASS, Oregon (AP) – Federal wildlife officials are moving ahead with an experiment to see if killing a rival owl will help save the northern spotted owl from extinction.

The U.S. Fish and Wildlife Service said Tuesday it gave final approval to a plan to send trained hunters into the woods to shoot barred owls.

Barred owls migrated from the East and arrived in spotted owl territory in 1959. The agency says they have since become the biggest threat to spotted owl survival.

Plans are to kill or capture barred owls in four study areas in Washington, Oregon and Northern California over the next four years.

The spotted owl forced big changes in management of national forests when environmentalists won lawsuits to protect the old growth forests where the owls live from logging.