Kerry Venegas struggles to sleep these days, worrying about the 55 children who will lose services once her Humboldt County nonprofit closes an outpatient counseling program in January.

David Mineta gets emotional when he talks about his organization’s decision to close six mental health programs serving about 650 children and adults in Santa Clara County by the end of December.

“Talking about it really makes me want to cry,” he says.

Depending on who you ask, these mental health program closures are either an unfortunate aberration or a harbinger of more to come as the state transforms its Medi-Cal reimbursement system.

Venegas, executive director of Changing Tides Family Services in Eureka, and Mineta, president and CEO of Momentum For Health in San Jose, say their organizations are being forced to cut crucial mental health programs in order to keep the rest of their agencies afloat. They attribute that to CalAIM, a multi-year, multi-billion-dollar overhaul of Medi-Cal that dramatically changes how California’s public mental health care programs are funded.[CORRECTION: Changing Tides contacted the Outpost to let us know that their agency and their other programs have not been impacted by the change to CalAIM.]

“I would love to invite Gov. Newsom and his team to come talk about what CalAIM is in an area like ours,” Venegas said. “Instead of making it better, I really think this has made it worse.”

CalAIM’s behavioral health initiative, which Gavin Newsom’s administration began rolling out in 2022, is designed to provide a more integrated approach to care. It offers a “no wrong door approach” so that people seeking help will have an easier time getting it.

This past July, a new payment system kicked in for most counties. The goal? Increase efficiency, reduce paperwork and offer counties more flexibility.

The problem, some nonprofits say, is that their organizations are no longer reimbursed specifically for time spent traveling to see patients or filling out documentation. In addition, the state is giving counties latitude to decide how much Medi-Cal money they pass along to their nonprofit behavioral health contractors.

Los Angeles County is passing along about 85% of the funds it receives from the state, according to Adrienne Shilton, a senior policy advocate with the California Alliance of Child and Family Services, while others are providing less.

She shared survey data showing nonprofits in a dozen counties told the alliance they worried they might have to close programs.

“There’s still a dire picture,” Shilton said. “We’re concerned about what this is going to look like in another three months.”

Amie Miller, executive director of the California Mental Health Services Authority, a state agency that works with counties to transform mental health services, said she hasn’t heard of programs closing directly as a result of payment reform.

Some providers are struggling with longstanding financial problems, Miller said, and others are “used to not having to be as attentive to the bottom line.”

“This is the next piece of our evolution,” she said.

Some providers have said they stand to do well under the new model, she added.

Still, some nonprofit organizations have been sounding the alarm since summer that the rates are too low and eventually will lead to program closures.

Dozens of mental health providers in October penned a letter to the state Department of Health Care Services, warning of “potentially catastrophic consequences.”

But until recently, programs have not actually closed. That’s beginning to change.

“It’s the end of the year. Folks are looking at the books saying ‘we’re not going to make it,’” said Le Ondra Clark Harvey, CEO of the California Council of Community Behavioral Health Agencies, an organization that represents some nonprofit providers.

Venegas, of Changing Tides, called the decision to close the program “a knife in the heart.”

“If we had any other choice, we wouldn’t be ending these services,” she said.

Modernizing Medi-Cal payments

Most everyone agrees that the system serving California’s more than 15 million low-income Medi-Cal enrollees was overdue for a change.

“Updating and modernizing how we pay for services in behavioral health is crucial,” said Michelle Doty Cabrera, executive director of the California Behavioral Health Directors Association, which represents county behavioral health departments. “We need to propel ourselves into the 21st century.”

Increased efficiency is one of the desired outcomes of payment reform. County behavioral health departments are working hard to support their nonprofit mental health providers during this transition, Cabrera said, but nonprofit providers also need to reach more Medi-Cal patients. There are just too many people in need, she said, and the workforce to meet those needs is too scarce.

A survey published this month by the California Health Care Foundation showed that satisfaction with CalAIM is lower among behavioral health providers than other provider types “by a pretty significant margin,” said Melora Simon, associate director of the foundation’s people-centered care team.

“There’s signal there; it’s not just noise,” she said.

Even without the threat of mental health programs closing, the state has struggled to keep up with a growing mental health crisis amid huge provider shortages. A state audit published in November found that children in Medi-Cal already face long wait times to receive behavioral health treatment.

The pandemic threw gasoline on the blaze. Just as mental health needs have spiked in recent years, so has provider burnout.

Mental health services in rural California

Prior to payment reform this summer, Venegas, of Humboldt, said her organization already struggled to hire enough clinicians to provide outpatient therapy; the therapy program she is closing would have had room for 125 to 130 children if the organization was fully staffed.

Many of the 55 children in the program waited months to be assigned to a provider. Because the county has its own staffing challenges, she said, these children will now likely be put back on waitlists for care.

In the vast rural and forested county, many of the children live an hour or two drive away from services. They are often directly impacted by domestic violence and drug and alcohol use. Some are in foster care. Many are at risk for suicide.

“Fifty-five clients may not seem like a big number, but every one of those is a kid. Every one is a kid in crisis and every one has a story.”
— Kerry Venegas of Changing Tides Family Services

Once payment reform began, the organization struggled to keep the program afloat — transportation and documentation time was no longer directly reimbursable, leading to a significant financial hit. Still, the organization considered the counseling program that serves these children to be so critical that the board allowed it to continue while accruing a deficit, Venegas said: “We stayed with it until we no longer had a choice.”

“Fifty-five clients may not seem like a big number,” she said. “But every one of those is a kid. Every one is a kid in crisis and every one has a story.”

Humboldt County Behavioral Health Director Emi Botzler-Rodgers wrote in an email to CalMatters that the county is gathering data to evaluate the impact of the new rates. She acknowledged concerns across the state about whether the rates adequately cover the cost of services.

The state Department of Health Care Services refused to make anyone available to directly answer questions about the changes; instead it provided a series of answers to emailed questions. The department is “actively engaging” providers and counties, developing technical assistance and monitoring and enforcing the new rules to make sure counties maintain an adequate network of Medi-Cal services and providers, the email said.

The department is continuing to monitor payment reform rates “and will adjust them as appropriate,” the email said.

Staffing stresses San Jose provider

Like Changing Tides in Humboldt — and other behavioral health nonprofits across the state — Momentum for Health, in Santa Clara County, has struggled with a shortage of qualified staff. This inadequate staffing, says Mineta, makes certain programs difficult to sustain financially, because overhead costs are often fixed no matter how many patients they see.

The six programs the organization is closing include intensive treatment for children and adults, including programs for people with addiction and those who have experienced their first episode of psychosis. Mineta says the programs employ about 85 staff members and currently serve around 650 people, though they reach about 1,500 people during the course of a year.

Sherri Terao, director of Santa Clara County’s behavioral health department, said in an email that Momentum is closing the programs “to address ongoing fiscal and staffing challenges” and that her department is working closely with the organization to ensure smooth transitions for patients.

Momentum for Health facilities in San Jose on Dec. 19, 2023. Momentum for Health provides behavioral health care for youth and adults in Santa Clara County. Photo by Loren Elliott for CalMatters

While Mineta acknowledged his organization had financial challenges before this summer, he said payment reform ultimately caused the program closures. Staff in intensive outreach programs need to spend a lot of time out in the community, he said, and CalAIM’s new rates don’t adequately reimburse the hours it takes to provide that kind of care.

Given how quickly everything is changing, Mineta says, he sometimes feels as though he has the bends — the medical condition that can occur if a scuba diver surfaces too quickly. A little more than a year ago, Newsom held a press conference in front of Momentum’s San Jose campus, signing legislation to introduce one of his signature mental health initiatives, CARE Court.

But even as the administration continues to provide historic levels of attention to — and make unprecedented investments in — the state’s behavioral health system, Mineta has found himself cutting programs in the face of escalating need.

He describes this as the toughest time in his 30 years in the field.

“It’s just confounding to me,” he said.

Neither he, nor Changing Tides, blame their counties. Mineta said Santa Clara County has been deeply supportive over the years. In fact, on Dec. 12, the county board of supervisors heard a report about the challenges many behavioral health nonprofits have been facing and voted to provide extra funding to help them weather the payment reform transition.

Unfortunately, Mineta said, that won’t help with the programs Momentum has already slated for closure: “It came too late,” he said.

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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

Californians in two industries are set to get new minimum wages just for them next year, and that could lead to pay bumps for other workers, too.

Gov. Gavin Newsom this year signed two union-backed bills that will boost fast-food and health care workers’ minimum wages.

California-based fast-food workers for chains with 60 or more locations around the nation will earn at least $20 an hour beginning in April, $4 higher than the overall state minimum wage of $16 that will be effective Jan. 1.

In June, health care workers will earn a minimum of $18, $21 or $23 an hour, depending on what type of facility employs them and where they work.

The industry-specific wage increases reflect a shift in unions’ strategies at the Capitol. After the Great Recession, labor groups led campaigns that resulted in then-Gov. Jerry Brown signing a law in 2016 that put California on a path to a $15 minimum wage. That law included inflation adjustments, which is why the minimum wage is higher today.

The two new laws are expected to trigger pay increases for about 900,000 Californians, some of whom are earning more than minimum wage today.

They are going into effect in a competitive labor market that has seen employers, especially small businesses, struggling to hire and retain workers. California’s unemployment rate is at 4.8%, which is higher compared with the federal unemployment rate of 3.7% but is near a historic low.

The new fast-food minimum wage could push up pay for other restaurant and food workers, experts say.

In a tight labor market, “other food-services companies will likely have to increase wages in order to retain workers in a sector in which chronic understaffing, and the stress and burnout that causes among remaining staff, is already a problem,” said John Logan, professor of labor studies at San Francisco State University.

Gov. Gavin Newsom stands with cheering fast food workers after signing legislation raising their minimum wage in Los Angeles on Sept. 28, 2023. Photo by Alisha Jucevic for CalMatters

Others say the industry-specific minimum wage could have ripple effects in other industries.

Keith Miller owns three Subway sandwich shops in Northern California and is spokesperson for the American Association of Franchisees & Dealers, which opposed the fast-food worker legislation. The law passed with support from major fast-food chains, which gained assurances that unions would drop an initiative that would have made the chains liable for their franchises’ labor violations.

Under the law, Miller said, franchisors like McDonald’s or Subway avoid responsibility but franchisees like him will bear the costs of paying higher wages.

Miller questioned why fast-food workers were singled out as needing a minimum-wage increase, and added that it could affect industries such as retail. He said retail workers might switch over to fast food if they can make more money there, or retailers might need to raise their workers’ wages.

“It’s kind of a fallacy that this impacts only fast-food workers,” Miller said. “It kind of creates a market rate. In effect, the minimum wage for a lot of people will be $20.”

Upcoming minimum wage measures

California voters in November will see a ballot initiative that would raise the state minimum wage to $18 an hour. It’s backed by billionaire Joe Sanberg.

Workers in other industries, meanwhile, are fighting for higher minimum wages, too. In Los Angeles, a proposed ordinance would institute a $25 minimum wage for workers in the tourism industry before the 2026 World Cup and the 2028 Olympics, which would rise to $30 an hour by 2028.

Jovan Houston, an airport security worker at Los Angeles International Airport, said she has been working there for six years and makes $19.78 an hour. She said a boost in wages would be “extremely” helpful for her and her 13-year-old son. They live with her niece and her four kids because rent is so expensive, Houston said.

“It’s cramped, but I can’t afford to move,” she said, adding that she has coworkers “who work two or three days to survive. They’re sleeping in the back on their breaks because they’re tired.”

Even as she fights for the Los Angeles ordinance that would raise her wages, Houston thinks it’s possible that her company would cut workers if forced to pay them more.

“They might eliminate workers,” Houston said. “I’m definitely worried about that.”

The effects of higher minimum wages

The costs and potential consequences of the higher minimum wages worry some people, including economists and the governor, while others see upsides.

Economist Christopher Thornberg, one of the founding partners of the International Republican Institute’s Beacon Project, said that in a competitive market, increasing minimum wages for the lowest-paid workers will lead to higher prices for consumers. For example, McDonald’s and Chipotle executives have said they plan to raise prices next year to offset increased labor costs.

But Michael Reich, an economics professor at UC Berkeley, said the effect of increased wages on product costs is relatively low and is usually seen in labor-intensive industries like dining and fast food. Reich said that when wages rise 10%, costs in the restaurant industry go up by about 2% to 3% and usually just on a one-time basis instead of a yearly increase.

Reich said raising wages for workers can lead to their upward mobility. Any negative effects such as higher costs for consumers or contribution to inflation are negligible, he and other economists say.

By increasing minimum wages for the lowest-paid workers, “you raise the standard of living,” Reich said. “That is quite significant.”

Kaiser Permanente employees on strike on Oct. 4, 2023. The workers held a demonstration in front of the Kaiser Permanente South Sacramento location. The strike resulted in a contract that gradually raises the minimum wage at Kaiser to $25 an hour. Photo by Miguel Gutierrez Jr., CalMatters

In addition, securing minimum wages for certain groups could eventually be used as a model to benefit other types of workers, such as gig workers who don’t currently have employee status, said Nelson Lichtenstein, a professor at UC Santa Barbara who has written books about labor history.

“One could see a wage commission… for the Uber world that can establish certain kinds of criteria, which would have the effect of a minimum wage,” Lichtenstein said.

Meanwhile, the new minimum wage for health care workers is expected to cost $4 billion in the first year — half from California’s general fund and half from federal funds — during a time when it is facing a gaping budget deficit. So the governor reportedly is seeking changes, though it is unclear what form they will take.

What’s next for California labor?

Worker advocates and labor leaders are cheering their victories on wages as they strive to improve workers’ lives in other ways.

The unions that advocated for the fast-food and health care minimum wages say their list of priorities is long and includes other concerns such as how artificial intelligence will affect work, housing costs, worker classification and more.

“We can talk about leave, minimum wage, etc., but it doesn’t matter if we’re replacing people with robots in the workplace,” said Lorena Gonzalez Fletcher, head of the California Labor Federation.

Isabel Urbano, a spokesperson for the Service Employees International Union, which campaigned for the fast-food bill and played a critical role in championing the minimum wage increase Gov. Brown signed in 2016, said: “The wage increase won’t mean anything if we don’t stabilize schedules and have predictable hours.”

Lisa Fu, executive director of the worker-advocacy group California Healthy Nail Salon Collaborative, said “what’s happening in the state and around the country with the labor movement has been really really inspiring for us,” though she said her organization’s main goal is to educate nail-salon workers and businesses about labor laws. Fu said there is “widespread” misclassification of such workers as independent contractors who are not entitled to sick pay, breaks and more.

While she said a minimum wage is one concern, “understanding of labor laws is the first step” in an industry that is primarily made up of Vietnamese immigrants. The median hourly wage for nail-salon workers in the state, including tips, is $10.94 an hour, she said, citing American Community Survey data.

Gonzalez Fletcher said labor is more focused on pushing for improvements in contracts, which she said tends to help raise wages of nonunion workers, too. But she said she continues to support any efforts to raise the state minimum wage. “The only way to keep up with inflation is to increase wages,” she said.

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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

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Many residents living along Myrtle Avenue will be relieved to learn that the City of Eureka has abandoned a proposal to remove street parking between West and Harrison Avenues to allow for the construction of buffered bike lanes along the thoroughfare. During last night’s meeting, the Eureka City Council agreed to scrap the proposal in response to significant opposition from the public.

The city has planned some improvements along Myrtle Avenue, including water main replacement and pavement maintenance, sometime in the next year. With all of that construction going on, staff thought it would be a good opportunity to advance some of the concepts outlined in the city’s Complete and Green Streets Policy and expand the existing bike lanes into buffered bike lanes to increase safety for cyclists. 

The city conducted a parking study along Myrtle Avenue from East Avenue to Sunny Avenue and Sunny Avenue to McFarlan Street to get a better idea of how many parking spaces are occupied at different times of the day. At most, only 17 percent of the parking spaces were in use at a given time, according to the study.

“Generally low occupancy [in the area],” City Engineer Jesse Willor said during last night’s meeting. “With the low utilization of parking of parking in the area, that’s one of the things that kind of brought this as an option. But it is only an option.”

The city council heard from about a dozen folks during last night’s meeting, all of whom expressed their strong opposition to the proposed project.

David Hillegeist, a self-proclaimed avid cyclist, said he has cycled along Myrtle Avenue nearly every day for the last 30 years. He said the existing bike path “works as long as they keep the white line white,” and asked the council to reject the proposal.

“I have two spaces [at my house] – one is [for] my truck and the other one is for [a] guest and there’s only room for one guest at a time,” he said. “If parking on Myrtle [Avenue] were discontinued, the guests and the service vehicles – we’re talking FedEx and UPS – they would be forced to go looking for another place to park. The nearest parking that I can find is either on 15th Street to the south or Bay Street to the west. Both of those are two blocks away from my single parking space, and I’m certain that you would agree that it really doesn’t make much sense.”

Another commenter, Scott Willits, said he was shocked that the city’s Transportation Safety Commission had agreed to forward the item to the city council despite rampant opposition from the public.

“I’ve yet to speak to a single cyclist who thinks that this is a good idea, who thinks that this is more important than parking,” he added. “I just can’t see any way – in my calculations – that if you do the cost-benefit analysis the benefits to the cycling community would outweigh the harm that is being done to those of us who own homes and live in apartments along this stretch of road who are ultimately gonna pay the price for this.”

A commenter who only identified herself as Patty said she developed her own survey to gauge interest in expanding bicycle facilities on Myrtle Avenue.

“We have 339 responses,” she said. “I’m only gonna give you two questions that we asked … but I think this speaks volumes. The question is: Do you ride a bike as a primary form of transportation? 329 people responded ‘no’ and 10 people responded ‘yes’. That is 97.1 percent of people in Eureka saying they don’t ride bikes as a primary transportation. Next question: Would you consider riding a bike as a primary form of transportation in Eureka? … 90.9 percent responded ‘no’.”

Following public comment, Councilmember Scott Bauer noted that city staff are looking for creative ways to implement the city’s Complete Streets Policy where it makes sense. “It’s something we’re trying to do, not something we’re going to do.” He added that he would have a hard time supporting the proposal after hearing public feedback.

Councilmember Leslie Castellano agreed, adding, “I appreciate this exercise of democracy.”

Councilmembers Renee Contreras-DeLoach and G. Mario Fernandez asked if the city could construct other barriers to keep cyclists safe. Willor said staff would be willing to look into additional safety barriers, but it would depend on cost.

After a bit of additional discussion, the council agreed to nix the proposal without a formal vote.

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Press release from the California Department of Fish and Wildlife:

The California Department of Fish and Wildlife (CDFW) will open the commercial Dungeness crab fishery from the Oregon state line to the Sonoma/Mendocino county line (Fishing Zones 1 and 2) under a Fleet Advisory beginning Jan. 5, 2024 at 12:01 a.m. with a 64-hour pre-soak to begin on Jan. 2, 2024 at 8:01 a.m.

The commercial fishery will remain delayed from the Sonoma/Mendocino county line to the U.S./Mexico border (Fishing Zones 3, 4, 5 and 6) until at least the next risk assessment due to elevated numbers of humpback whales resulting in increased entanglement risk.

CDFW is also continuing the temporary recreational crab trap restriction from the Sonoma/Mendocino county line to Lopez Point, Monterey County, (Fishing Zones 3 and 4) due to the presence of humpback whales and the potential for entanglement with crab traps. The recreational trap restriction will be in effect until at least the next risk assessment.

The use of recreational crab traps in Fishing Zones 1, 2 and 5 will be allowed. A Fleet Advisory remains in effect for the recreational fishery for all Fishing Zones (1-6). CDFW reminds recreational crabbers that take of Dungeness crab by other methods, including hoop nets and crab snares, is allowed during a temporary trap restriction. CDFW also encourages recreational crabbers to implement best practices, as described in the Best Practices Guide.

CDFW anticipates the next risk assessment will take place on or around Jan. 11, 2024, at which time Director Charlton H. Bonham will re-evaluate available data to inform the potential for a commercial fishery opener in Fishing Zones 3-6 and modification of the recreational trap restriction. For more information related to the risk assessment process, please visit CDFW’s Whale Safe Fisheries page. For more information on the Dungeness crab fishery, please visit www.wildlife.ca.gov/crab.

PREVIOUSLY

• Lawsuit Accuses Humboldt County Judge of Drunkenly Attacking an Attorney, Throwing Him Off a Boat, and Says County Employees Tried to Cover It Up
• Through Attorney, Judge Denies Assaulting Deputy Public Defender at Lake Shasta Celebration
• TODAY in COURT: Date Set for Attorney’s Suit Against Judge for Alleged Abuse
• BREAKING: At Re-election Campaign Launch, Judge Kreis Says Lawsuit Against Him Has Been Settled

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Mendocino County Judge Ann Moorman on Monday granted a summary judgment dismissing former Deputy Public Defender Rory Kalin’s lawsuit against the County of Humboldt and his previous bosses, former Public Defender Marek Reavis and current Public Defender Luke Brownfield.

Kalin’s allegations, which date back to traumatic brain injury and an alcohol-fueled Memorial Day celebration on Shasta Lake in 2019, included wrongful termination; racial, religious and disability discrimination; retaliation; and harassment. 

The dismissal comes on the heels of news that a connected lawsuit against Humboldt County Superior Court Presiding Judge Gregory Kreis has also been dismissed, though details of that resolution have not yet been made public. 

You can read Judge Moorman’s ruling in its entirety via a link at the bottom of this post, but we’ll summarize it here. According to the document’s statement of facts, Kalin suffered from clinical anxiety and was taking a variety of medications for the condition, though he initially didn’t tell any of his colleagues in the Public Defender’s Office.

In April 2019, while visiting Southern California, Kalin was struck in the head by a golf ball, suffering a concussion that triggered bouts of dizziness, queasiness and trouble focusing. However, a doctor cleared Kalin to return to work and he did so, but within a matter of days then-Public Defender Marek Reavis sent him home “due to concerns about his head injury and how it may be affecting his work performance,” the ruling says.

Shortly thereafter, several Humboldt County Superior Court judges voiced concerns about Kalin’s behavior. Judge Kaleb Cockrum, for example, described Kalin’s performance in his courtroom as “horrible” and opined that he was not a very good lawyer. Judge Kelly Neel shared her concerns with Reavis, telling him that during a jury selection hearing Kalin was “combative and hostile” and gave probably the worst performance she’d ever seen, making “entirely unsupported” arguments and badly misstating the facts of the case.

Judge Christopher Wilson said these accounts tracked with his own experiences of Kalin, and fellow attorneys complained as well, saying Kalin “argued with judges over unimportant matters and was unable to read the room.” A juror complained to Brownfield that Kalin had been rude and demeaning to the jury. Brownfield himself saw Kalin badly mishandle a case, according to this recitation of facts.

Shortly before the fateful Memorial Day camping trip/pontoon-boat party at Shasta Lake, Reavis and Brownfield decided to demote Kalin, though Kalin wasn’t informed of this fact until the following month. 

The inflammatory allegations of what happened on Shasta Lake have been widely reported. Kalin alleged that a drunken Kreis called him “Jew-boy” and pushed him off the boat into the lake, though Judge Moorman’s ruling says such lake-tossing was part of the day’s general revelry. 

In mid-June of 2019, more than a month after those events, Kalin was informed of his demotion, and matters quickly got worse. The DEA revoked Kalin’s doctor’s license to prescribe controlled substances, and so Kalin went on prolonged medical leave. While he was out, the Public Defender’s Office uncovered further evidence that his job performance had been poor, and Reavis decided Kalin needed to be put on a performance improvement plan (PIP), which is a prerequisite to termination at the county.

Kalin returned to work on January 13, 2020, but when Reavis and Brownfield informed him that he’d be subjected to a PIP, an argument ensued — according to his lawsuit, anyway — and Kalin immediately went back on medical leave, remaining off work for more than a year. During much of that stretch he collected employee benefits from the county while also collecting Social Security benefits for his disability, which had now been classified as permanent. 

On March 15, 2021, the county asked Kalin to participate in “an interactive process meeting” and when he refused, he was “medically separated,” aka terminated from his employment with the county.

In analyzing Kalin’s numerous allegations, Moorman repeatedly cites a lack of sufficient evidence. For example, Kalin alleged that all the punitive actions taken against him at work — his demotion, the performance improvement plan, etc. — were motivated by Reavis and Brownfield’s allegiance to Judge Kreis, which would make them complicit with Kreis’s alleged antisemitic insult.

But Moorman says there’s no evidence that Reavis, Brownfield or anyone else heard the alleged “Jew boy” remark, and besides, “there is little evidence to support the claim that either Brownfield or Reavis would be beholden to [Kreis] in such a manner.” In fact, she writes, “there is no evidence that anyone at the Public Defender’s office even knew about [Kreis’s] behavior at the Memorial Day event.”

Furthermore, Moorman concludes, Kalin’s poor job performance gave his bosses plenty of legitimate reasons to demote him. So she rejects the allegations of racial or religious discrimination.

She also rejects Kalin’s claim of disability discrimination because he didn’t inform the county of his condition until May of 2020, by which point he’d already begun collecting disability benefits. And Kalin presented no evidence that his demotion was connected to his golf-ball-induced health problems.

Kalin’s other claims, including harassment, retaliation, wrongful termination and intentional infliction of emotional distress are similarly rejected for lack of evidence.

Brownfield was not immediately available for comment on the dismissal.

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DOCUMENT: Order for Summary Judgment

Press release from the Hoopa Valley Tribe:

The Hoopa Valley Tribe announced today the acquisition of 10,395 acres of land bordering the western boundary of the Tribe’s Reservation. The return of the Hupa Mountain property brings the Tribe’s landholdings to a total of over 102,000 acres. When the Hoopa Valley Indian Reservation was created, the Hupa people lost access to and use of more than two-thirds of their ancestral lands. The Tribe’s $14.1 million purchase of the land rightfully returns management, conservation and use of the land to Hupa People.

“Today is a day of intense celebration for our Tribe,” said Hoopa Valley Tribal Chairman Joe Davis. “As a tribal nation that has long led the way in self-governance and self-determination, the Hoopa Valley Tribe worked hard to secure this once-in-a-generation opportunity to reclaim a meaningful portion of our ancestral lands. Many thanks to our Tribal Council for their leadership, our Tribal staff for their dedication and creativity, and the many public and private partners who helped make this possible.”

The acquisition of 10,395 acres previously held by New Forests, an Australia-based forestland manager, constitutes the Tribe’s largest reacquisition of land since the Hoopa Valley Indian Reservation was established in 1864. The newly regained land includes the headwaters of Pine Creek, which flows into the Klamath River and is a spawning stream for sacred salmon. The land also provides gathering sites for food and basketry materials, along with a variety of plant and wildlife species that hold great importance in the Tribe’s culture.

Of special significance for a Tribe that has historically interwoven the health of its people with the condition of its land, this restoration is poised to improve both. The Tribe will use its expertise to restore the historic salmon run in Pine Creek, building on the inter-tribal and inter- agency efforts underway to restore the Trinity River and remove the dams on the Klamath River. Additionally, the Tribe’s wildlife managers have plans to rebuild the elk population — a traditional food source — by creating a network of high-elevation meadows. And tribal forestrystaff will expand their work to aggressively fight sudden oak death, which affects the acorn crop and creates hazardous fire conditions that threaten both homes and the Tribe’s drinking water supply.

“There is still a lot of work to do — but we continue to make progress in getting back to where we need to be. There is hope in what we celebrate today,” Davis said. “Managing the land is an integral part of our identity and culture. Acquiring our ancestral territory allows the Hoopa Valley Tribe to sustain our traditions and improve the health and well-being of our people.” The opportunity for the Tribe to regain these 10,395 acres emerged after New Forests put the land up for sale in 2022. Tribal leaders worked with The Conservation Fund, a leading nonprofit in U.S. land and water protection, to negotiate the deal and secure the necessary public and private funding to close on the purchase. The Trust for Public Land, a national nonprofit focused on improving access to the outdoors, also provided vital support in securing funding. “We celebrate the Hoopa Valley Tribe’s historic achievement in regaining these 10,395 acres for the benefit of their people and the wildlife that inhabit this land,” said Ben Fryer, The Conservation Fund’s Northern California project manager. “It has been an honor to work with the Tribe to secure this outcome, and we thank the state of California, the private funders and the many other supporters who made this acquisition possible. We look forward to seeing this land thrive in the Tribe’s hands.”

For providing financial support for the acquisition, the Tribe thanks the California State Coastal Conservancy; the California Natural Resources Agency’s Tribal Nature-Based Solutions Program; Resources Legacy Fund; the Indigenous Communities Program of the Schmidt Family Foundation’s 11th Hour Project; Patagonia’s Holdfast Collective; and the Wyss Foundation. For their advice, support, and in many cases, long-standing partnership, the Tribe thanks the Indian Land Tenure Foundation; the Native American Environmental Protection Coalition; the California Department of Fish and Wildlife; the U.S. Bureau of Land Management; Redwood National Park; The Conservation Fund; The Trust for Public Land; State Sen. Mike McGuire; State Assemblymembers Jim Wood, James Ramos, and Cecilia Aguiar-Curry; U.S. Rep. Jared Huffman; Humboldt County Supervisor Steve Madrone; and Misti Schmidt of Conservation Partners LLP. The Tribe additionally thanks those entities and individuals not named here who made the acquisition possible.

Amy Hutzel, Executive Officer California State Coastal Conservancy, said, “the Conservancy is honored to support the return of this important conservation land to Hoopa Valley Tribal stewardship. The Tribe’s work to restore and enhance fish and wildlife habitat, wildfire resilience, and public and tribal access to this property will benefit the land, the Tribe, and all the people of California.”

“We are proud to support this land acquisition of the Hoopa Valley Tribe. Through the Tribe’s stewardship, the lands and waters, salmon, elk, humans, and other beings will be supported. This land purchase is also significant because it will demonstrate to others – through things like salmon restoration and fire management – what is possible when lands are returned to Tribalmanagement,” said Hester Dillon (Cherokee Nation), Indigenous Communities Program Director at the 11th Hour Project.

“We are honored to join in celebration with the Hoopa Valley Tribe in the return of more than 10,000 acres of their ancestral land,” said Greg Curtis, Executive Director of Patagonia’s Holdfast Collective. “While more work remains to restore wild salmon and protect this critical ecosystem, today marks an important milestone. We are pleased to be working alongside such committed partners in the conservation of this area.”

“From salmon runs, to black bears, and majestic forests, the Pine Creek Watershed is home to some of the true wonders of the American West. Today’s announcement demonstrates the importance of expanding opportunity for tribal-led conservation efforts, which will play a major role in protecting America’s wild places and meeting the 30x30 target. We’re extremely proud to support this purchase, and to help restore the Hoopa Valley Tribe’s traditional homeland.” – Molly McUsic, President of the Wyss Foundation

“Today we celebrate a historic milestone with the Hoopa Valley Tribe’s resuming their relationship with their ancestral lands,” said Christina Snider-Ashtari, Tribal Affairs Secretary to

Governor Gavin Newsom. “The Tribe’s reclamation of the Hupa Mountain [property] is a major step toward restoring balance in the region and the state will continue to support efforts like this in the spirit of truth and healing.”

“California Native American tribes are leading the way conserving California’s lands for future generations,” said California Natural Resources Agency Secretary Wade Crowfoot. “We are proud to support this leadership and help to enable the return of Hupa Mountain property to the Hoopa Valley Tribe. Ancestral land return like this is not only the right thing to do, it’s the smart thing to do as tribal communities have cared for these lands since time immemorial.”

“We are honored to have the opportunity to partner with the Hoopa Valley Tribe for the return of the Hupa Mountain property,” said Geneva E. B. Thompson, California Natural Resources Agency Deputy Secretary for Tribal Affairs. “This return of ancestral lands is the first of many to be funded from the new $100 million Tribal Nature-Based Solutions grant program. We look forward to continuing to partner with California Native American tribes on their ancestral land return priorities.”

“Trust for Public Land is deeply honored to have played a pivotal role in jumpstarting the remarkable conservation success achieved by the Hoopa Valley Tribe with the acquisition of the 10,395-acre Hupa Mountain property,” said Dr. Ken Lucero, Tribal and Indigenous Lands Director for Trust for Public Land. “This collaboration exemplifies the positive outcomes that can result from shared dedication to environmental conservation and cultural heritage. We extend our heartfelt congratulations to the Hoopa Valley Tribe and express our gratitude for the opportunity to contribute to this incredible land preservation initiative.” The Hoopa Valley Tribe was one of the first Nations the Bureau of Indian Affairs selected to participate in the Self-Governance Demonstration Project; is among the few Tribes in the United States with developed Tribal Business Codes; was the first Tribe in California granted treatmentas a state under the Federal Clean Water Act; and is a Tribal Nation on the forefront in the areas of forestry management, conservation and education.

The Tribe’s work to regain and restore ancestral lands is ongoing.

About Hoopa Valley Tribe

The Na:tinixwe, the Hoopa Valley Tribe, since time immemorial has recognized and prioritized the exercise of our inherent rights to provide opportunities for our people, ensuring a safe and healthy environment for all. Hupa people have a deeply rooted traditional and cultural connection with the land that is integrally related to our citizens’ wellbeing. The Hoopa Valley Tribe’s ability to protect, conserve and control the use of lands and natural resources within our unceded ancestral territory and within the Hoopa Valley Indian Reservation strengthens the integrity, economic security and health and welfare of the Hoopa People.

UPDATE, DEC. 22: A representative of the Mattress Recycling Council checks in with the Outpost to say that Caltrans erred when it said that futons would not be accepted at this event. In fact they are, said the representative.

Presumably this mistake was the result of ambiguous language on the Bye Bye Mattress’ FAQ. Under the heading “What types of mattresses and box springs are accepted for recycling?” we see the answer:

Futons: Except in California, a futon mattress is eligible, but the base is not.

This reporter — and presumably Caltrans — reads this as: “You can bring in a futon anywhere except for California, but don’t bring us the base.” But this representative assures us that its intended meaning is: “You can bring us futons anywhere, but if you’re in California don’t bring us the base.”

Also this representative would like to let you know that Bye Bye Mattress is a program of the Mattress Recycling Council.

— Ed.

###

Press release from Clean California (Caltrans):

Caltrans is excited to announce a Clean California Dump Day in McKinleyville, providing an opportunity to dispose of unwanted mattresses and box springs free of charge.

The event will take place at Pierson Park in McKinleyville on Saturday, January 6 from 10 a.m. to 2 p.m. While mattresses and box springs will be accepted, it’s important to note that futons will not be accepted. [Lies. — Ed.]

Caltrans and Bye Bye Mattress are pleased to offer the community a convenient and cost-free solution to dispose of large items responsibly. This event helps residents clear out their homes, encourages environmentally conscious waste disposal practices, and reduces illegal dumping.

The event is made possible through the collaboration of Caltrans Clean California, McKinleyville Community Services District, Humboldt Moving and Storage, and the Mattress Recycling Council. Their support underscores a commitment to community well-being and environmental sustainability.

• Who: McKinleyville residents
• What: Clean California Dump Day (mattresses and box springs)
• When: Saturday, January 6 from 10 a.m. to 2 p.m. (or until capacity is reached)
• Where: Pierson Park, 1608 Picket Road, McKinleyville

Tips for securing your load:

Completely cover loads with tarps or cargo nets. Debris can escape from gaps.

• Remove loose material and trash before driving.
• Don’t overload – keep materials level with your truck bed.
• Put light items lower, and tie large items to the vehicle for traffic safety.