Assembly Approves 5 of 6 Compacts

On June 28, the State Assembly voted to ratify amended compacts with the Pechanga Band of Luiseño Indians, the Agua Caliente Band of Cahuilla Indians, the Morongo Band of Mission Indians -- all from Riverside County -- and the Sycuan Band of Kumeyaay Indians in San Diego County. A fifth deal will allow the Yurok Tribe of Northern California to open a small casino with just 99 machines. The 23-year agreements have already been approved by the Senate and will now need federal approval before they can take effect next year. The turning point in the long 10 month political battle was the tribe’s signing memorandums of agreement with the governor to address certain regulatory issues. The memorandum agreements contain assurances the tribes will provide certain protections for employees, train employees to help identify and manage problem gambling, require employees to comply with state court orders pertaining to child and spousal support and agree to submit to state audits to ensure they are accurately reporting gaming profits.

The San Manuel Band of Mission Indians rejected the MOA to its compact with Gov. Arnold Schwarzenegger believing that the nonbinding side agreements agreed to by the other four tribes set a bad precedent. Tribal spokesman Jacob Coin said, "We think it sets a bad precedent because the Legislature in this case has initiated negotiations with these tribes on these gaming-related issues that the state Constitution says is the role of the governor to conduct," Coin said. It is unclear what consequences the San Manuel’s face for not participating in the memorandum agreements the four other tribes signed off on. "We'll have to take a look and see what the options are at this point," Coin said. What is clear is that the tribe has no interest in negotiating a side agreement and maintains it already complies with most all the conditions set in the memorandum agreements.

Union leaders, minutes after the Assembly vote, were looking at the possibility of mounting a repeal campaign. Organized labor had unsuccessfully sought to include requirements that tribes not punish or harass workers for trying to organize. Unions had also sought language allowing a union to bargain for workers if more than 50% of employees signed authorization cards. Jack Gribbon, California political director for Unite Here, a union that organizes casino and hotel workers, said he and other union leaders are considering asking voters to undo the agreements. To qualify a repeal measure for next February's presidential primary ballot would probably require gathering 400,000 signatures in 90 days, he said. Assembly Speaker Fabian Nuñez (D-Los Angeles), a former labor organizer, said unions placed an "undue burden" on him with the provisions they sought. "I did not negotiate the compacts," he said. "The governor negotiated the compacts."

Sources:

http://www.pe.com/localnews/inland/stories/PE_News_Local_C_tribes29.4041b0e.html
http://www.sbsun.com/news/ci_6257680
http://www.latimes.com/news/printedition/california/la-me-compacts29jun29,1,7067935.story