Author Topic: Northern Chumash, Fred Collins  (Read 756 times)

Offline educatedindian

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Northern Chumash, Fred Collins
« on: November 22, 2024, 10:55:18 pm »
https://calcoastnews.com/2024/11/pretendian-and-federally-recognized-tribe-battle-over-oceano-dunes/?fbclid=IwY2xjawGtbspleHRuA2FlbQIxMQABHdA3U1ofQovui459cgR2MkoKgvvDSzveFoT6aq7BRK7zER-HWP0KkhQ9ng_aem_x5BaI-B6ENe9Vk_c_ufjEA
Pretendian and federally recognized tribe battle over Oceano Dunes
November 21, 2024 By KAREN VELIE

Who should have more influence on the future of the Oceano Dunes, a pretendian or a federal recognized indigenous tribe?

The Northern Chumash, an unrecognized tribe founded by a pretendian, support closing the dunes to off-road recreational vehicles. The Santa Ynez Band of Chumash Mission Indians argue the dunes should remain open for vehicle recreation. Both groups are asking the court to support their position.

In response to a judge’s July 19 ruling that California Coastal Commission overstepped its authority when it voted to phase out off-road vehicle usage at the Oceano Dunes by 2025, the Coastal Commission appealed the ruling. However, the only federally recognized Chumash tribe in the nation filed a brief in support of off-road vehicles on the beach while a group started by a pretendian wants the park shuttered.

The Santa Ynez Band of Chumash Mission Indians (Chumash Tribe) was recognized by the federal government in 1901.

“The Chumash Tribe represents the interests and cultural heritage of the Chumash people, whose historic territory encompasses the Oceano Dunes,” the brief says. “The Chumash have a vested interest in the preservation and respectful use of their ancestral lands, as well as ensuring that their voices are heard in governmental processes affecting these lands.”

However, the Coastal Commission failed to consult with the Chumash and other California tribes in violation of established government codes and policies. The commission’s actions “undermine tribal sovereignty and cultural preservation efforts,” according to the brief.

Instead, the Coastal Commission consulted with the self-professed “Northern Chumash Tribal Council,” while not properly reviewing the list of federally recognized tribes.

The Northern Chumash,  founded by Fred Collins, claims it has deep cultural and historical connection to the coastline. “The Northern Chumash have been the land’s stewards and caretakers since time immemorial, and this role has been compromised by the advent of OHV activities, “Collins claimed.

When The National Oceanic and Atmospheric Administration wanted to establish the Chumash Marine Sanctuary, it was at the request of Fred Collins’s group and not the federally recognized Santa Ynez Band of Chumash Mission Indians.

Collins is what is known as a pretendian, a person who claims Indigenous heritage without any substantive evidence to support the assertion. During his lifetime, Collins profited by using his alleged Indian heritage for financial gain.

When he was in his 20s, U.S. Custom’s agents arrested Collins in Pismo Beach for smuggling cocaine into the country. He later spent time in prison before going to work as an indigenous monitor at construction sites.

In 2013, certified genealogist Lorraine Escobar researched Collins’s ancestry. She concluded “Collins was not of Native American ancestry and that his maternal lineage was from Mexico,” according to a 2017 appellate court ruling.

“The Santa Ynez Band of Chumash Mission Indians respectfully requests that this Court uphold the trial court’s judgment directing the California Coastal Commission” to keep the dunes open to recreational vehicle use, according to the brief.

In March 2021, the Coastal Commission voted unanimously to phase out off-road vehicle usage at the Oceano Dunes over three years and to close the Pier Avenue entrance by July 1, 2022.

At the time, commissioners argued vehicle usage at the dunes harms the environment and does not comply with the California Coastal Act. The commissioners also cited environmental justice as a justification for closing the park to vehicles.

Friends of Oceano Dunes, a nonprofit that represents approximately 28,000 supporters of off-road recreation, previously indicated it was ready to take legal action if either the Coastal Commission or California State Parks were to attempt to ban or reduce off-road vehicle usage at the dunes.

A week before the March 2021 Coastal Commission vote, Thomas Roth, the San Francisco-based attorney for Friends of Oceano Dunes, sent a letter accusing the Coastal Commission of bias, overstepping its legislative authority and violating due process.

In 1975, the dunes were set aside for off-road vehicle recreation as part of the California Coastal Plan, which says off-road vehicle use “shall be permitted.”

“The Coastal Commission has jumped the shark,” Roth wrote in his letter. “It has no authority to direct State Parks to ban all OHV (off-highway vehicle) at a park expressly authorized for OHV use, especially where that use has lawfully existed for 40 years, and where the use predated even the creation of the Coastal Commission.”

San Luis Obispo Superior Court Judge Tana Coates ruled on July 19 in favor of Friends of the Oceano Dunes.

“The court finds that in permanently prohibiting all off-highway vehicles in the Oceano Dunes State Recreational Area, the Coastal Communion acted ‘without, or in excess of its jurisdiction,’” Coates wrote in her ruling. “The court also finds the Coastal Commission violated CEQA by deciding to close the Pier Avenue entrance to the Oceano Dunes State Recreational Area without evaluating how it would impact vehicle miles traveled.”

An appellate hearing is scheduled for next summer.

San Luis Obispo County Supervisor Jimmy Paulding ran on a promise to shutter the dunes to recreational vehicles. He notes in his Nov. 15 newletter, that even if the appellate court rules against the Coastal Commission, it is likely the California Supreme Court will be more sympathetic.

“Regardless of how the Court of Appeals rules, though, the decision will likely be appealed to the California Supreme Court, in which case we will have a final ruling on the matter, as a strict matter of law,” Paulding wrote. “There is speculation that that the California Supreme Court will be more sympathetic to the Coastal Commission’s position but this remains to be seen.”

-------------
https://www.researchgate.net/publication/374731382_Haley_NOAA_Proposed_CHNMS_Public_Comment
....Violet Sage Walker, chair of the Northern Chumash Tribal Council, is featured in all of NOAA’s claims regarding the indigenous origin of the proposal and its vision for co-management. Ms. Walker claims Chumash through her late father, Fred Harvey Collins, III (1929-2021), who claimed Chumash ancestry and identity through his mother. Attachment 1 provides documentation of his ancestry. It can easily be verified. His mother’s paternal grandparents immigrated from Sonora, Mexico in the 1860s. His mother’s maternal grandfather came from Sonora, Mexico before 1852, but her grandmother on this side was born in California to parents who immigrated from Mexico prior to 1849. Fred Collins, therefore, had no Chumash or indigenous California ancestry, and neither does Violet Sage Walker.

Fred’s second cousins do have Chumash ancestry, are members of YTT, and rejected Fred’s claim of being Chumash. Fred began identifying as Chumash around 1979 after his mother’s cousin, who was not fluent in the family’s genealogy, suggested he was Chumash. His cousins’ rejection led him to create the Northern Chumash Tribal Council with his daughters. When he tried to defend his claim of Chumash identity in a lawsuit against the Salinan Heritage Preservation Association, his evidence was ruled to be hearsay. 

The other neo-Chumash that NOAA has designated as Chumash also have readily documented histories at odds with their claims. The Los Angeles Times verified that Wishtoyo Chumash Foundation’s founder, Mati Waiya, lacks Chumash ancestry and affiliation. 2 The organization includes other self-identifying Chumash who share his ancestry. A very few members have distant Chumash ancestors who married and assimilated into the Spanish colonial community and only began claiming Chumash identity late last century....
[signed]
Brian D. Haley, Ph.D. Department of Anthropology State University of New York, Oneonta Oneonta, NY 13820

Offline educatedindian

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Re: Northern Chumash, Fred Collins
« Reply #1 on: November 22, 2024, 11:10:40 pm »
https://casetext.com/case/collins-v-salinan-heritage-pres-assn
Collins v. Salinan Heritage Pres. Ass'n
Opinion
2d Civil No. B267301

08-03-2017

FRED HARVEY COLLINS, Plaintiff and Appellant, v. SALINAN HERITAGE PRESERVATION ASSOCIATION et al., Defendants and Respondents.

Pierce & Shearer LLP, Andrew F. Pierce for Plaintiff and Appellant. Daniel Crowley & Associates, Daniel F. Crowley, Scott Brust for Defendants and Respondents Salinan Heritage Preservation Association and John Burch; Mark A. Levitan for Defendant and Respondent Salinan Heritage Preservation Association; Benton, Orr, Duval & Buckingham, Kevin M. McCormick, Panda Kroll for Defendant and Respondent Daniel Krieger; Henderson Borgeson, Jay M. Borgeson, Brooke E. Storm for Defendant and Respondent Gary Pierce; Stub, Boeddinghaus & Velasco, Russell Boeddinghaus for Defendant and Respondent Patti Dunton.

GILBERT, P. J.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 15CV-0154)
(San Luis Obispo County)

Fred Harvey Collins appeals a judgment entered after the trial court granted a special motion to strike pursuant to the anti-SLAPP statute, and dismissed his lawsuit. (Code Civ. Proc., § 425.16.) We affirm.

All statutory references are to the Code of Civil Procedure unless stated otherwise.

FACTUAL AND PROCEDURAL HISTORY
On March 24, 2015, Collins filed a verified complaint against the Salinan Heritage Preservation Association, three members and officers of the Salinan Indian Tribe, and an individual who is a professor of history at a local university. The complaint alleges causes of action for defamation based upon defendants' statements that Collins is not an Indian of California Chumash descent. The first statement was made to counsel for the Native American Heritage Commission (NAHC), a California public entity charged by law with identifying and cataloguing places of religious or social significance to Native Americans, including known graves and cemeteries (Pub. Res. Code, § 5097.94, subd. (a)); the second statement was made to a local newspaper reporter who sought information regarding Collins's legal conflicts with the Salinan tribe; and the third statement was a written statement to the Sierra Club with copies to local political representatives and others, regarding Collins's endeavors to establish a Chumash maritime sanctuary.

In response to the lawsuit, defendants filed a special motion to strike pursuant to the anti-SLAPP statute, asserting that Collins's claims arose from defendants' constitutionally protected free speech. Collins resisted the motion and the parties presented declarations, documentary evidence, and written and oral argument concerning application of the anti-SLAPP law to Collins's defamation claims.

Collins alleges that he is a Native American of Chumash descent and a spokesman, advocate, and Tribal Administrator for the Northern Chumash Tribal Council. The Salinan Heritage Preservation Association is a non-profit corporation through which the Salinan Tribe of Monterey and San Luis Obispo  Counties (collectively Salinan) operates. Salinan has approximately 700 members and an elected tribal council. Defendants Gary Pierce, John Burch, and Patti Dunton are members and officers of the Salinan Tribe and have responsibilities regarding tribal business, financial, spiritual, and ceremonial affairs, among other things. Dunton also works in the Salinan tribal office as the office administrator, responding to telephone calls and email communications. Defendant Professor Daniel Krieger is the tribal historian but is not a member of the Salinan Tribe.

NAHC Proceedings Concerning Morro Rock
For some time, Collins and Salinan have disputed boundaries between the ancestral territories of the Northern Chumash tribe and the Salinan tribe. Specifically, Collins has objected to Salinan tribal members ascending Morro Rock, an important ritual in the tribe's winter and summer solstice ceremonies. In 2006, and again in 2011, the NAHC entered into an agreement with the Salinan Tribe to permit ceremonial ascents of Morro Rock. In 2014, Collins, through his attorney, communicated frequently with NAHC, disputed Salinan's cultural affiliation with Morro Rock, and requested that NAHC recognize his Chumash status.

On January 8, 2015, the NAHC directed Collins and Salinan to present evidence supporting their positions regarding their ancestral territorial boundaries. NAHC also advised the parties that it had retained an anthropologist to determine whether "Morro Rock is exclusively within the cultural territory of the Chumash People or the Salinan Tribe, or whether it is shared territory." NAHC also advised that the anthropologist's  findings and conclusions would be subject to a public hearing with notice to interested parties and an opportunity to be heard.

Collins's Writ Proceeding Against NAHC
On December 5, 2014, Collins filed a petition for writ of mandate against NAHC, seeking production of records pursuant to the Public Records Act. (Northern Chumash Tribal Council v. Native American Heritage Com. (Super. Ct. San Luis Obispo County, 2014, No. 14CV-0610).) The requested information involved documents relating to Collins's Native American ancestry or asserted lack thereof, and his disputes with the Salinan Tribe.

After Collins filed his writ petition, a local newspaper reporter telephoned the Salinan tribal office. Dunton stated in a declaration that she answered the telephone call and informed the reporter that she was unaware of the recently filed writ petition. She stated, however, that she knew the parties were disputing access to Morro Rock and had a history of conflict: "We . . . had a brief conversation concerning the dispute over the Tribe's access to Morro Rock." She also said she was aware of the genealogy report that questioned Collins's Indian ancestry.

Chumash Heritage National Marine Sanctuary
In 2014, Collins nominated a local marine environment to be designated as the "Chumash Heritage National Marine Sanctuary." In connection with this nomination to the National Oceanic and Atmospheric Agency (NOAA), Collins solicited support from the Sierra Club, the California Coastal Commission, and local political representatives, among others. Collins's nomination alarmed Salinan officers and members who believed the proposed sanctuary included a significant portion of Salinan ancestral territory. On February 27, 2015, Pierce, Burch, and  Krieger sent a letter to the Sierra Club, the Coastal Commission, and local political representatives objecting to the boundary lines proposed by Collins and questioning his standing to represent the Chumash Indian Tribe because "he is not even of California Indian descent." Salinan referred to the conclusions of a certified genealogist whom it retained to research Collins's ancestry. On March 6, 2015, NOAA wrote Collins and rejected his proposed sanctuary, but suggested that he resubmit his nomination with additional information.

In 2013, the Salinan Tribe had retained a certified genealogist, Lorraine Escobar, to research Collins's ancestry. Escobar prepared a written report that concluded that Collins was not of Native American ancestry and that his maternal lineage was from Mexico. On May 15, 2013, the Salinan Tribe submitted the genealogist's report to the NAHC.

Collins's Most Likely Descended (MLD) Status
Public Resource Code section 5097.94, subdivision (a) requires the NAHC to identify persons "most likely descended" from Native Americans interred on California land. At times, the NAHC has designated Collins as MLD, appointing him to perform monitoring activities on excavation sites for which he is compensated. Members of the Salinan Tribe have also been designated as MLD and compensated. Over the years, Salinan members have questioned Collins's MLD status regarding areas within claimed Salinan ancestral territory.

Collins's Declaration of Chumash Ancestry
In response to the motion to strike, Collins declared that his mother's cousin, Chumash Elder Mary Trejo, revealed his Chumash ancestry to him many years ago. Trejo did not provide a declaration and Collins did not state that she was unavailable.  Salinan objected to this statement as hearsay and the trial court sustained the objection.

Following its consideration of the evidence, exhibits, and arguments by the parties, the trial court concluded that the anti-SLAPP law of section 425.16 applied because issues regarding the proposed marine sanctuary, access to Morro Rock, and Collins's status as a Chumash advocate and spokesman were of public interest. It then granted defendants' special motion to strike. In ruling, the trial judge stated that Civil Code section 47, subdivision (b) also applied: "[T]he litigation privilege applies as regards the second prong of the SLAPP analysis."

Collins appeals and contends that the trial court erred by deciding that the litigation privilege applied to the three asserted defamations, thereby precluding him from establishing a probability of prevailing to defeat defendants' anti-SLAPP motion. (§ 425.16, subd. (b).)

DISCUSSION
Collins argues that the defamatory statements were not privileged because they were not made in the context of any official proceeding. He also contends that the trial court abused its discretion by sustaining defendants' hearsay objection to Trejo's statements and by denying his motion for discovery.

[Extended cities of legal arguments on defamation and SLAPP suits.]

The three asserted defamatory statements concern public disputes that satisfy the anti-SLAPP statute as well as the broad litigation privilege of Civil Code section 47, subdivision (b). Salinan members' statements to NAHC involved the disputes between Collins and Salinan involving the Morro Rock assent and Collins's MLD status. In 2006, and again in 2011, NAHC agreed that Salinan members could ascend Morro Rock.  Salinan's statements to the Sierra Club, the Coastal Commission, and local political representatives involved Collins's marine sanctuary application then pending before NOAA. Collins had solicited the support of those entities and individuals who were already involved as interested parties. Finally, Dunton's conversation with a newspaper reporter involved Collins's pending writ proceeding that described the various disputes he had with Salinan regarding his Chumash ancestry and Morro Rock. Dunton, a Salinan Tribe member and the office administrator, was aware of Collins's longstanding claims and disputes with Salinan and her statements to the reporter were a republication of many of Collins's claims.

Collins's remaining claims have no merit. Trejo's statements are hearsay and Collins did not establish their admissibility pursuant to Evidence Code sections 1310 and 1311 because he did not establish Trejo's unavailability. We review the trial court's ruling on an evidentiary objection in connection with a special motion to strike for an abuse of discretion. (Hall v. Time Warner, Inc. (2007) 153 Cal.App.4th 1337, 1348, fn. 3.) In any event, Trejo's statements have no bearing on application of the litigation privilege and we need not decide the nature of Collins's ancestry.

[More legal arguments.]

The judgment is affirmed. Respondents shall recover costs.

NOT TO BE PUBLISHED.

GILBERT, P. J. We concur:

YEGAN, J.

PERREN, J.

Martin J. Tangeman, Judge


Superior Court County of San Luis Obispo
Pierce & Shearer LLP, Andrew F. Pierce for Plaintiff and Appellant.

Daniel Crowley & Associates, Daniel F. Crowley, Scott Brust for Defendants and Respondents Salinan Heritage Preservation Association and John Burch; Mark A. Levitan for Defendant and Respondent Salinan Heritage Preservation Association; Benton, Orr, Duval & Buckingham, Kevin M. McCormick, Panda Kroll for Defendant and Respondent Daniel Krieger; Henderson Borgeson, Jay M. Borgeson, Brooke E. Storm for Defendant and Respondent Gary Pierce; Stub, Boeddinghaus & Velasco, Ru

Offline educatedindian

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Re: Northern Chumash, Fred Collins
« Reply #2 on: November 22, 2024, 11:24:20 pm »
https://www.causeiq.com/organizations/northern-chumash-tribal-council,841709436/
EIN 84-1709436
Northern Chumash Tribal Council
Programs|Funding|Personnel|Financials|Form 990s|Peers
IRS 501(c) type
501(c)(3)
Num. employees
3
City
Los Osos
State
California
Year formed
2006
Most recent tax filings
2022-12-01
NTEE code, primary
A80: Historical Societies, Historical Preservation
Description
Northern Chumash Tribal Council consults with tribal government and provides Native American consulting for construction projects in San Luis Obispo County, CA. Their programs focus on ensuring the appropriate consultation for all building projects in the area.
Total revenues
$937,967
2022
2018
2019
2020
2021
2022
$0
$0.4m
$0.8m
Total expenses
$819,625
2022
2018
2019
2020
2021
2022
$0
$0.4m
$0.8m
Total assets
$249,907
2022
2018
2019
2020
2021
2022
$0
$0.2m
Num. employees
3
2022
2018
2019
2020
2021
2022
0
2
Program areas at Northern Chumash Tribal Council
Tribal government consulting for all building projects in San Luis Obispo County, CA.
Who funds Northern Chumash Tribal Council
Grants from foundations and other nonprofits
Grantmaker   Grantmaker tax period   Description   Amount
Volgenau Foundation   2022-12   Chumash Heritage National Marine Sanctuary Designation Campaign   $200,000
Rockefeller Philanthropy Advisors (RPA)   2022-12   General   $150,000
The Christensen Fund   2022-12   Core Support for the Chumash Heritage National Marine Sanctuary.   $100,000
...and 8 more grants received
Personnel at Northern Chumash Tribal Council
Name   Title   Compensation   Date of data
Fred Eagle   Chief      2023-07-25
Violet Sage Walker   President   $122,083   2023-11-15
Carlos Sacramento   Social Media Manager      2023-07-25
Gianna Patchen   NCTC and CHNMS Campaign Manager      2023-07-25
Ernest Houston   Consultant   $37,050   2022-12-31
Financials for Northern Chumash Tribal Council
RevenuesExpensesAssetsLiabilities
Revenues   FYE 12/2022   FYE 12/2021   % Change
Total grants, contributions, etc.   $364,412   $242,175   50.5%
Program services   $573,555   $237,979   141%
Investment income and dividends   $0   $0   -
Tax-exempt bond proceeds   $0   $0   -
Royalty revenue   $0   $0   -
Net rental income   $0   $0   -
Net gain from sale of non-inventory assets   $0   $0   -
Net income from fundraising events   $0   $0   -
Net income from gaming activities   $0   $0   -
Net income from sales of inventory   $0   $0   -
Miscellaneous revenues   $0   $0   -
Total revenues   $937,967   $480,154   95.3%
Form 990s for Northern Chumash Tribal Council
Fiscal year ending   Date received by IRS   Form   PDF link
2022-12   2023-11-15   990   View PDF
2021-12   2022-11-09   990   View PDF
2020-12   2022-03-16   990   View PDF
2020-12   2022-03-04   990   View PDF
2019-12   2021-04-26   990EZ   View PDF
...and 13 more Form 990s