OAKVILLE — The press was not allowed to attend a training workshop for the Chehalis River Basin Flood Authority Thursday, held on the reservation of the Chehalis tribe.
After differing opinions over the best way to mitigate flooding led to the tribe withdrawing from the Chehalis River Basin Flood Authority in May, relations between the two entities have been strained.
In an effort to better understand and be able to work with the tribe, the remaining jurisdictions of the Flood Authority participated in a “Government to Government” training session hosted by the Governor’s Office of Indian Affairs.
The training, which cost $1,500 and was paid for by the Flood Authority, was held from 8 a.m. to 2 p.m. The purpose of the training is to help public entities develop more effective working relationships with tribes.
The Chronicle was prevented from entering the training session by the tribe’s spokesman, Jeff Warnke. Warnke said because the tribe is a sovereign nation, it has its own jurisdiction, and public meetings laws do not apply.
“Nothing on the reservation is public until the tribe OKs it,” he said.
A business meeting was held later in the afternoon and it was open to the public.
Timothy Ford, the open government ombudsman of the state Attorney General’s Office, said it was not immediately clear if the Flood Authority itself is subject to the Open Public Meetings Act based on the Authority’s interlocal agreement. But the agreement does say the Authority was created pursuant to a state statute, RCW 39.34.030, which delegates how individual powers join together.
According to RCW 42.30.020, “Any state board, commission, committee, department, educational institution or other state agency which is created by or pursuant to statute, other than courts and the legislature” is subject to the Open Public Meetings Act.
Ford said the training most likely should have been public.
He said open meetings laws may not apply to tribal entities, but they most likely apply to the Flood Authority.
“I don’t know whether the tribes can trump the Flood Authority,” he said. “If they are required to hold a public meeting, and the tribe isn’t going to allow it, then they have to move the meeting location. The Flood Authority cannot evade legal responsibility by holding a meeting on tribal land.”
Ford deferred The Chronicle to Deputy Attorney General Rob Costello, who is researching the issue further.
The Executive Committee of the Flood Authority — Chair Vickie Raines, Montesano; Vice-Chair Karen Valenzuela, Thurston County; Julie Balmelli-Powe, Chehalis; and Dan Thompson, Oakville — had requested the meeting to be held at the reservation.
Balmelli-Powe said the request had been made as a way to reach out to the tribe and include them in the session. They expected members of the tribe to be present during the training.
However, there was no representation from the tribe present.
When asked if the Flood Authority was no longer subject to the Open Public Meetings Act because it was meeting on tribal grounds, Warnke said he didn’t know.
“In our jurisdiction, our rules apply,” he said. “Whether it was appropriate for the Flood Authority to do that, I’m not sure.”
Raines said the meeting was closed so as to allow the Flood Authority members to speak freely, comment and ask questions they would otherwise be hesitant to ask if members of the press or other individuals were present.
“It’s kind of like being a Catholic in a confessional,” she said. “You are more comfortable speaking when you know no one else is listening.”
Each member of the Flood Authority said the Government to Government training had been beneficial and allowed them to learn more about the history, culture and unique perspectives of the tribes.
Other members said they agreed with Warnke’s decision to close the meeting.
“We’re not on public property, we’re on tribal property,” J. Vander Stoep, the Pe Ell representative, said. “They get to say who’s invited.”
Vander Stoep said the group did not take any action or make decisions, but that members were merely being trained.
“We listened to a seminar, we asked questions,” he said. “We were basically in kind of a college class.”
On Friday, Lewis County Commissioner Ron Averill said closing the meeting was a condition the tribe had placed on the meeting.
“I could’ve cared less whether (The Chronicle) was there,” he said. “I was surprised that the tribe had placed that condition on the meeting.”
Centralia representative Edna Fund said the decision to close the meeting made her uncomfortable.
“I think we were put in a difficult spot,” she said. “We were on their territory, their turf — I can understand that, but, nonetheless, I was a bit uncomfortable.”
Balmelli-Powe said closing the meeting was not done with the intention of hiding anything.
“It didn’t matter to me one way or the other,” she said. “If we had to do it all over again, we would make sure (The Chronicle) was there.”
Gordon James, the trainer from the Governor’s Office of Indian Affairs, said the training is not usually closed to the public.
Tribal Chairman David Burnett could not be reached for comment.
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