Washoe Legal Department

September 9, 2010

 Organization:

The Washoe Tribe’s Legal Department houses the attorneys for the Washoe Tribal Council, its departments, and programs; and provides legal representation on all matters affecting the Washoe Tribe as directed by the Council. As the Council’s attorneys, much of the work of the Department is confidential; however the Department attempts to provide Tribal Members with available non-confidential information if possible and as consistent with its responsibilities to the Council.

The Legal Department currently has three full-time staff: the General Counsel, the Assistant General Counsel, and the Administrative Assistant II. Since September 2008, the General Counsel position has been filled by Lynelle Hartway; and Suzanne Garcia has served as Assistant General Counsel since July of 2008. Careen Sibbring is the Department’s Administrative Assistant. Carol Watkins joined the staff this year and has responsibility for the Department’s Title IV-E grant work.

 Purpose & Function:

Generally, the Department performs various daily activities on behalf of the Tribe as represented by the Tribal Council, including: 

• Advocating for the Tribe in legal proceedings,
• Advocating for the Tribe in governmental meetings,
• Defending the Tribe’s interests and trust assets,
• Conducting and participating in negotiations with federal, state, and local governments,
• Drafting and revising Tribal ordinances, regulations, procedures, protocols, plans, policies, and codes, in addition to reviewing contracts and other agreements,
• Working cooperatively with Tribal Departments and Programs on Tribal-wide initiatives such as economic development.

 The Legal Department has:

• Successfully argued for the dismissal of a lawsuit brought by a former employee against the Tribal Council. The case, Kerry v. Washoe Tribe et al., was dismissed by the Washoe Tribal Court in March 8, 2010, and no appeal was filed.
• Assisted with Finalization of a Mutual Aid Agreements between the Tribe, Douglas County, and Carson City to improve the cooperation and effectiveness of law enforcement. Both Agreements are available on the Tribe’s website.
• Worked with the Council, Tribal Departments, and Programs on the return and protection of Washoe Aboriginal lands, including the Tribe’s trust application for its Uhalde parcel and the potential Douglas County Lands Bill.
• Updated the process by which the Tribe tracks amendments to its Law & Order Code and posting Code provisions on the Tribe’s website.
• Followed up on a completed grant to modernize and revise the Law & Order Code for more concise interpretation and to support economic development on the Tribe’s lands.
• Continued to participate, along with the Chairman and staff from other Departments such as Cultural Resources and Planning, on the Advisory Planning Commission for the Tahoe Regional Planning Agency (TRPA).
• Continued to work on implementation of the federal Adam Walsh Act’s requirements for a Tribal sex offender registry.
• Continued work on development of an Elder Abuse Code with the assistance and input of the Senior Site Council pursuant to an Elder Justice Community Collaborations Grant.
• Along with the Grants Department, secured a grant to explore development of a Child Support Enforcement program within the Tribe.

 Strategic Planning:

By the Tribal Council

In 2008, the Washoe Tribal Council and its departments and programs went through a strategic planning process, including a “visioning” of Tribal long and short term goals. The Legal Department’s goals and their status are as follows: 

• Complete revisions and updates to the Tribe’s Law & Order Codes (e.g., Law & Order Code, Enrollment Code, Hunting & Fishing Code, Water Code, etc.).

This goal is ongoing. Various Tribal Code Titles have been updated and new Code Titles passed by the Tribal Council. Additional new Code Titles and Code amendments are in the works. 

• Complete planning and preparedness for amending the Constitution and By-Laws of the Washoe Tribe of Nevada and California.

The Tribal Council recently appointed members to a Constitution Committee, whose purpose is to review the current Constitution and consider changes. The Department has and will continue to provide assistance to the Committee as requested. 

• Creation of the Washoe Tribe Land Conservancy

To protect and preserve Washoe Aboriginal territory, it is a strategic goal of the Tribe to create a Land Conservancy – whose purpose would be to establish a fund to allow the Tribe to purchase properties and otherwise preserve Washoe trust lands. This effort is ongoing. 

• Economic Development

In the spring of 2009, the Washoe Tribal Council set some specific strategic goals, which included the attraction of a commercial/retail business to Washoe. In addition, the Council and the Washoe Development Group have identified high priority projects – which receive the most immediate attention – and lesser priority projects for Tribal economic development. As part of the Economic Development Group, the Department works with the Council and other Departments towards these goals and the implementation of high priority development projects. 

By the Department

Other goals of the Legal Department include the following:

• Effectively seek, receive, and manage grant funds so as to improve Department functions and reduce the burden on the Tribe’s general fund.
• Make each Title in the Tribe’s Law & Order Code available on the Tribe’s website.
• Continue to assist in the acquisition of more lands within Washoe Aboriginal Territory and work to protect the Tribe’s water and environment.
• Continue to review all procurement contracts and all agreements with the Tribe to protect Tribal assets and ensure compliance with the policies and procedures of the Tribe.
• Continued participation in consultation meetings with local area governments, inter-governmental meetings, and in public meetings.
• Advance the Tribe’s economic development opportunities.