Agua Caliente Won’t Appeal - Will Report Political Donations

In 2002 the Agua Caliente Band of Cahuilla Indians was sued by the Fair Political Practices Commission for failing to meet deadlines in the Political Reform Act for disclosing political donations, approximately $8 million, from 1998 to 2002. Last December, the California Supreme Court ruled against Agua Caliente, The court decided 4 to 3 that tribes can be forced to comply with the campaign-finance requirement that donors report contributions of $10,000 a year and more. In an agreement, reached on June 29 but only recently made public, the Agua Caliente agreed not to appeal the California Supreme Court decision and to waive its sovereign immunity, the only tribe in the state that has explicitly waived its sovereignty in such a manner, regarding enforcement of state campaign disclosure laws.

The tribe also agreed to pay $200,000 to the state general fund, although under the terms of the settlement the payment is not considered a penalty.

The news brought great relief to many tribes across the US who feared the case, which could have ended up in U.S. Supreme Court, would compromise the claims of tribes nationwide that, as sovereign entities, they have the power to govern themselves and are exempt from many state laws.

“Tribes did not want this case brought to the U.S. Supreme Court, because it could result in a wholesale attack on tribal sovereignty," said Howard Dickstein, an attorney who represents several California tribes that voluntarily disclose their donations to politicians. "There's a lesson to be learned about picking your fights."

"We had to balance considerations for this tribe and other tribes as well," said tribal spokeswoman Nancy Conrad. "We decided this is not the day to take this fight forward."

"The outcome of this case shows that everyone who engages in the political process in California must adhere to the requirements of the Political Reform Act," said FPPC Chairman Ross Johnson

Sources:

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/07/14/state/n020131D91.DTL&hw=tribal&sn=004&sc=965
http://findarticles.com/p/articles/mi_qn4188/is_20061222/ai_n17072583
http://www.latimes.com/news/local/la-me-tribe14jul14,1,2522531.story?coll=la-headlines-california