California’s Polluted Communities Could Miss Out on Billions Under State’s Flawed System

Alejandro Lazo / Friday, Feb. 23, 2024 @ 7:02 a.m. / Sacramento

The massive Chevron oil refinery is located next to neighborhoods in Richmond, one of the California communities designated as disadvantaged using the state’s environmental harm screening tool. Photo by Loren Elliott for CalMatters

The system that California uses to screen neighborhoods at risk of environmental harm is highly subjective and flawed, resulting in communities potentially missing out on billions of dollars in funding, according to new research.

The study, by researchers who began the project at Stanford University, investigated a tool that the California Environmental Protection Agency developed in 2013 as the nation’s “first comprehensive statewide environmental health screening tool” to identify communities disproportionately burdened by pollution.

Communities that are designated “disadvantaged” by the system, called CalEnviroScreen, can qualify for significant government and private funding. The tool has been used to designate vast swaths of the Central Valley, communities around the ports of Long Beach and Los Angeles, and neighborhoods in the Bay Area cities of Richmond and Oakland, among others.

The researchers found that the screening tool uses a small number of health problems that could bias which communities are designated. About 16% of Census tracts in the state could be ranked differently with alterations in EnviroScreen’s model, according to the study.

The system raises equity issues because it biases in favor of certain groups over others, and has the potential of pitting groups against each other for funding in what is essentially a winner-take-all, or loser-take-all, system, according to the research.

For instance, “we found the existing model to potentially underrepresent foreign-born populations,” the researchers wrote.

Community groups and environmental justice advocates have said for years that the tool overlooks communities that should be designated as disadvantaged.

At stake is a large amount of funding — about $2.08 billion over just a recent, four-year period, the researchers reported.

The findings come as scientists are increasingly demonstrating that algorithms can be as biased as the humans who create them, and that many disproportionately harm marginalized populations.

“The big takeaway is that if you asked ten different experts in California to come up with their own screening algorithm to determine which neighborhoods are ‘disadvantaged,’ you would probably get 10 very different algorithms,” said lead author Benjamin Q. Huynh, who was a doctoral student at Stanford and is now a researcher at Johns Hopkins University. “These things can come across as very technical, but when you look at the numbers and you see the billions of dollars flowing…these very seemingly technical details actually matter a lot.”

Amy Gilson, a spokesperson for CalEPA’s environmental health office, said the study’s recommendations are being reviewed. Any potential changes to CalEnviroScreen must “go through a robust scientific evaluation” as well as “extensive public process,” she said.

“CalEnviroScreen’s methods are transparent to allow for these types of outside evaluations, and we welcome discussion on the merits of different approaches,” Gilson said in an emailed statement to CalMatters.

CalEnviroScreen identifies neighborhoods by census tracts — localized regions that typically include between 1,000 and 8,000 residents, as defined by the U.S. Census Bureau. California released its fourth iteration of CalEnviroScreen in October 2021.

CalEnviroScreen evaluates 21 environmental, public health and demographic factors to identify which neighborhoods are most susceptible to environmental harm. Among the factors considered: air pollution and drinking water contaminants, pesticide usage, toxic releases, low birth weight infants, poverty and unemployment rates. The tool then ranks the 25% most disadvantaged communities in California — which determines which neighborhoods get billions of dollars in government and private funds.

Under state law, at least a quarter of funds from the California Climate Investments fund must be spent on these communities. That money comes from California’s Cap and Trade market program, which allows polluters to buy credits to offset their emissions.

In 2022, the fund paid for nearly 19,500 new projects with $1.3 billion, according to the state Air Resources Board. Of that, $933 million was directed to disadvantaged communities or low‑income communities, the air board said.

“When you look at the numbers and you see the billions of dollars flowing…these very seemingly technical details actually matter a lot.”
— Benjamin Q. Huynh, Johns Hopkins University

Huynh said he became interested in CalEnviroScreen’s classification of neighborhoods after reading a 2021 article in The San Francisco Chronicle that found some of San Francisco’s poorest neighborhoods were ineligible for funding, largely due to their ranking in CalEnviroScreen.

“Under such a model with high uncertainty, every subjective model decision is implicitly a value judgment,” the study authors wrote. “Any variation of a model could favor one subpopulation or disfavor another.”

The tool only includes three health factors — low birth weight babies, cardiovascular disease and emergency room visits for asthma. It leaves out other serious health conditions, such as chronic obstructive pulmonary disease, which the authors said could mean that communities with many foreign-born residents are left out. Asthma may be less prevalent among immigrants or they may be less likely to seek emergency room care, but they still have other serious respiratory issues, the study said.

Also left out are other common health problems, such as cancer and kidney disease, which could skew which neighborhoods are designated as disadvantaged. The authors said changing the tool to include these diseases could mean fewer Black communities are designated as disadvantaged. That’s because it would dilute the importance of low birth weight babies, which disproportionately affects Black people.

Race is not a factor in the screening system. But the researchers found that tweaking the model could make big differences for communities of color: For instance, they found that changes in the metrics would mean more non-white communities with high poverty levels would be classified as disadvantaged.

The Chevron refinery in Richmond. Photo by Loren Elliott for CalMatters

The research team suggested some possible solutions “to reduce equity concerns,” such as using multiple models. Doing so would increase the number of designated communities by 10%.

“Because there is no singular ‘best’ model, we propose assessing robustness via sensitivity analysis and incorporating additional models accordingly,” the researchers wrote.

In addition, “a safeguard like an external advisory committee comprising domain experts and leaders of local community groups could also help reduce harm by identifying ethical concerns that may have been missed internally.”

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


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OBITUARY: Audrea Filbey (Hafner), 1977-2024

LoCO Staff / Friday, Feb. 23, 2024 @ 6:56 a.m. / Obits

Audrea Filbey (Hafner) was born on March 12, 1977, in Arcata, to Timothy Hafner and Sandra Andrews and passed away on February 2, 2024, in Eureka, two years and four months after being diagnosed with treatment-resistant Ewing cancer.

Growing up, Audrea loved painting rainbows, music (she played the clarinet and taught herself how to play the piano), playing with her Rainbow Brite and Strawberry Shortcake dolls, honing her skills on the monkey bars, riding her bike, and most of all, playing with her little sister, Allie. The day Allie was born, Audrea told her mother that she was actually her baby and that she would be the one to take care of Allie! The sisters developed a bond like no other and would often be found rolling around in fits of laughter, unable to breathe at times. They were inseparable from day one and had a lifelong, unbreakable bond.

During her first year at college, Audrea was introduced to her husband and the man of her dreams, Aaron Filbey. From the first day she met him, she knew, deep down in her bones, that Aaron was the only one for her. Theirs was a cherished and enduring love. A little more than a year later, they welcomed their first child, Miranda, and then three years after that, came their son Noah. Audrea adored being a mother and put all of herself into being the best mom she could be to her children. She was their number one cheerleader as well as their fiercest advocate. She never missed an opportunity to tell them how very proud she was of them for being true to themselves and for their continued growth and self-expression. She and Miranda would often spend weekends going out for coffee, trying new foods, and visiting different nurseries in the hopes of finding some new plant babies to take home with them! She found great joy in watching and listening to Aaron and Noah playing their guitars together at home. As a family, they enjoyed playing games around the kitchen table, going to the beach with their dog, Stella, and snuggling with their three cats Ninja, Honey, and Badger. They also hosted an annual Summer Solstice Party at their Old Harris property in Garberville, where Aaron was born. Family and friends would come from all over to attend this epic week-long event. It was truly one of their favorite traditions and something they spent the whole year looking forward to.

Audrea knew, since childhood, that she wanted to become an elementary school teacher. She never imagined she would be anything else. After graduating with her teaching credential from Humboldt State University in 2003, she was offered a position at Ridgewood Elementary School. She taught for a total of 21 years! When it came to teaching, Audrea was one of the best. She dedicated 100% of herself to her students and treasured each and every class she ever taught. She would be found tirelessly working well into the evenings and on weekends to make sure her students received the highest level of education possible, while at the same time giving them the love and care they needed to grow and flourish. At the end of every day, and in the special, individualized notes she would give her students at the end of the school year, she would always say “And don’t forget, Mrs. Filbey loves you!” Her former students would return to her classroom well into their teen years and early adulthood to let her know what an impact she had made on their lives, how much they appreciated her, and that she was their favorite teacher ever. She was an exemplary educator and received the utmost respect and admiration from her colleagues. Her school family’s love for her is immeasurable. Because of this, her presence on campus will never truly be gone. They will all carry a little bit of her in their hearts, which will create a ripple effect that will be felt by future generations of students.

Over her lifetime, Audrea amassed a countless number of friendships, all significant in their own way. Her three lifelong best friends, Meara Hattan, Heather Vasquez and Laura (Lou) Tinari, each played an important role in her life. All three brought meaning, comfort, humor, companionship and deep love to Audrea. She treasured each of them and the unique gifts their friendships brought into her world. When she wasn’t spending time with her family or working, Audrea had many hobbies and passions that kept her busy! She loved gardening, cooking (always with a kitchen towel draped over her left shoulder (just like her dad), music and dancing (she could turn any event into a dance party), traveling, and anything to do with making and appreciating art, a talent passed on to her from her mother, no doubt. Audrea also loved spending time with her 8-year-old nephew, Cylas. She cherished her role as Cy’s “TT”. She would often say how he would brighten her spirit on even the darkest of days. He meant the world to her.

Audrea was a friend to everyone and an emotional rock to many. She loved to laugh; it was one of her primary love languages! Anyone who ever met her was changed for the better. Her kindness, compassion, empathy, generosity, and unconditional love were felt by the entire community. Her light shined so brightly, that wherever she went, those lucky enough to be around her felt and cherished the warm glow of her presence. She will be deeply and forever missed. Her spirit will be carried on in the hearts of every life she touched. Honor and remember her by embodying the qualities that made her the inspirational and unforgettable human being that she was. And never forget: Mrs. Filbey loves you!

A special thank you to the following people:

Aaron, for being by her side, loving, and supporting her for over 27 years. Your love, dedication, and devotion to her was a sight to behold. You were with her through every one of life’s ups and downs and did so while always being able to make her laugh. Thank you for being a true partner to her in every way imaginable.

Lou Tinari and Dani Hinrichs for creating Audrea’s GoFundMe account which provided Audrea and her family with the financial support they needed over the last two years during her cancer treatment at UCSF. And, also to Lou, for walking by Audrea’s side throughout her entire experience with cancer and being there with her in San Fransisco during every single one of her 14 chemotherapy treatments as well as the many radiation treatments to follow. Your support and dedication will be forever appreciated. Mike Richards, Cylas’ teacher, as well as one of Audrea’s closest friends and a colleague at Ridgewood, for providing Cylas with such love and care during this extremely difficult time.

Both Danielle, Miranda’s partner, and Chi, Noah’s partner. Knowing her children were in loving and supportive relationships brought her a great deal of peace and comfort.

Shannon and Iris Filbey for being the little lights that they are.

Audrea is survived by her father, Timothy Hafner; mother Sandra Andrews; husband, Aaron Filbey; daughter, Miranda Filbey; son, Noah Filbey; sister, Allie Brown; nephew, Cylas Engel; grandmother, Jeanene Smith; aunt Cynthia Andrews; father-in-law Bob Filbey; sister-in-law, Iris Filbey; brother-in-law, Shannon Filbey and many other family and friends.

She is preceded in death by grandfather, Frank Hafner; grandfather, Earl Andrews; grandmother Mary Hafner; Aunt Judy Hafner, and Uncle Bill Hafner.A community celebration of life will be held on Saturday, March 9, at the Elks Club in Eureka, from 11 a.m. to 3 p.m. Bring the love in your heart, a story to share, and your dancing shoes…

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The obituary above was submitted on behalf of Audrey Filbey’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here.



OBITUARY: Denis Raymond Lewis, 1952-2024

LoCO Staff / Friday, Feb. 23, 2024 @ 6:56 a.m. / Obits

Denis Raymond Lewis passed away peacefully surrounded by loving family at St. Joseph’s Hospital in Eureka at the age of 71 on January 29, 2024, after a struggle with cancer.

He was born in Montana in 1952 to Richard and Roberta Lewis. He attended McKinleyville High School, where he was a part of the 1970 Championship football team, before he attended College of the Redwoods and was part of their 1970 State Championship football team.

Denis had a deep love for his family and never forgot to show Kathy, his wife of 38 years, and his daughter, Kailee, just how much he loved them. They were the light of his life, and he would do anything for their happiness. He would often be seen hitting the bike trails all around Humboldt with Kathy and he never missed a chance to go grocery shopping with Kailee on Sundays.

An avid athlete, he rode the 100 miles of the Tour of the Unknown Coast, played for the Humboldt Rugby Club for 12 years, and played softball with a soft spot in his heart for the Babe’s One for the Road over 50s league team.

At 6 ft. 4 in., Denis was known as the gentle giant of the kindergarten classroom where he was a teacher’s aide for Ms. Moriarty at Ridgewood Elementary until he retired in 2010. For his “retirement” job, Denis worked as a delivery driver for Babe’s Pizza and Pasta, where he became a pro at folding boxes, driving just a bit too fast and sneaking pepperoni into his pockets for a snack.

Denis will always be remembered for his kindness and his rare brand of friendliness. He will live in our hearts forever and we will treasure every moment that we got to spend with such a great man.

Denis was preceded in death by his father Richard, his mother Bobbi, his brother Ricky and his sister Diane.

He was survived by his wife, Kathy; his daughter, Kailee; his son-in-law, Mike; his brother, David; his sister-in-law, Sue; his brother, Donny; his sister-in-law, Karen; and many other friends and family members.

An informal celebration of life will be held at Babe’s Pizza and Pasta located at 4015 Walnut Dr, Eureka, CA, United States, California starting at 3 p.m. on Sunday February 25, 2024. Please stop by, hang out, and bring your favorite memories of Denis.

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The obituary above was submitted on behalf of Denis Lewis’ loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here.



April Van Dyke, Candidate for Superior Court Judge, on Her Upbringing, Racial Disparities in the Justice System, Why She Sued Her Former Employer and More

Ryan Burns / Thursday, Feb. 22, 2024 @ 3:24 p.m. / Elections

April Van Dyke, attorney and candidate for Humboldt County Superior Court Judge. | Image via campaign website.

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Two weeks ago, when the California Commission on Judicial Performance announced that it has begun a formal investigation into 19 allegations of misconduct concerning incumbent Humboldt County Superior Court Judge Gregory Kreis, it upended our local judicial primary election, almost instantly transforming Stockton transplant April Van Dyke from a long-shot challenger into a genuine contender, if not the frontrunner.

When Deputy District Attorney Jessica Watson launched a late write-in campaign a week later, it added yet another twist to what has quickly become the most dramatic local race of the season.

While Van Dyke and other local candidates have been answering reader questions over on our LoCO Elections page, we wanted to have a conversation to learn more about her background, her motivations and her campaign for the judicial bench.

In a phone conversation Wednesday afternoon, Van Dyke said she grew up in Napa, living much of her youth in a trailer with her mom (a schoolteacher), stepdad (a mechanic) and older sister. 

Asked what motivated her to pursue law, she recounted a question she posed to her stepfather when she was about 10 years old. 

“I said, ‘Hey, what kind of job could I do where I argue for a living?’” she said.

But there was a deeper impulse, too. 

“I have always felt a great sense of wanting to help people and make the world a better place, and if I have the ability to use my skills to help people, then I’m going to do it,” Van Dyke said. “And so I went to law school with that in mind, and I have represented people who couldn’t afford attorneys my entire career.”

After earning her bachelor’s degree in political science from the U.C. Berkeley and her law degree from McGeorge School of Law in Sacramento, Van Dyke opened her own law office in Stockton and began working as a contract attorney for the County of San Joaquin, representing indigent clients for the Public Defender’s Office.

“I was able to build my practice on those contracts,” she said.

Eventually, the San Joaquin County Public Defender’s Office recruited Van Dyke as an employee, and she worked as a deputy public defender from March of 2015 to April of 2019.

Unfortunately, her tenure in that position was marred by a campaign of harassment from her coworkers over her sexual orientation, according to a 2019 lawsuit she filed against the San Joaquin Public Defender’s Office. The complaint, which was last amended in 2021, says a clique of colleagues repeatedly referred to Van Dyke’s sex life in vulgar and homophobic terms, and management failed to adequately address her complaints.

The suit also alleges that some of these same abusive coworkers belittled a transgendered client in Van Dyke’s presence, which added to her growing fear and anxiety. She started suffering “severe emotional distress” and panic attacks. In 2018, Van Dyke was diagnosed with a work-related stress and panic disorder.

According to the complaint, she experienced weight loss, nausea, depression, anxiety, sleeplessness, headaches, neck aches, fatigue, dizziness and nervousness, yet she was still “able to perform the essential functions of her position with reasonable accommodation.”

The San Joaquin Public Defender’s Office filed several demurrer motions, hoping to get the suit dismissed, but those motions were denied. The case is now at the settlement stage, and Van Dyke said she’s looking forward to putting it behind her.

Asked if she still suffers from anxiety, Van Dyke said, “I think that anyone who’s experienced sexual harassment knows it takes a while to heal from that.” She said she’s on her own “journey of healing” but is doing “really well.”

After leaving the San Joaquin Public Defender’s Office, Van Dyke got a job with the Humboldt County Office of Conflict Counsel and moved with her three kids to this region she calls “super-Northern California.”

“I love it here, with the rivers and the redwoods and the rain – I really do enjoy the rain,” she said. “It was just such a pleasure to come and work for [Supervising Attorney] Meagan [O’Connell]. … It’s just home here now. My kids love their school. They have so much support from their teachers and it’s just it’s just a wonderful, magical place here.”

During Van Dyke’s campaign kickoff speech she repeatedly employed the phrase, “I am not an insider.” Asked why that’s an asset for an attorney and potential judge she replied, “I think it’s important to be a person who can empathize with other people and their everyday experiences.”

She also said she would bring common sense and humility to the bench. 

Her campaign speeches and website also emphasize the importance of working toward equal justice under the law within a system that disproportionately incarcerates people of color

“Ever since I was young I had a strong sense of empathy and a strong sense of justice and wanting everyone to be treated equally no matter their station in life,” she said. When she began practicing law, she was shocked by the racial disparity among people who are charged with and convicted of crimes.

She’s seen that disparity locally, too. Black people in Humboldt County are charged at three times the rate of white people while the local Native population is four times more likely to receive a life sentence, she said.

She recounted one case wherein her client, who was Native and Black, was offered a life sentence in a plea deal while his two co-defendants – both white – were offered determinant, or fixed-term, sentences.

“I was the first attorney [in Humboldt County] to run a motion under the Racial Justice Act,” Van Dyke said. That motion eventually allowed her to collect data from California prisons, including what deals defendants from Humboldt County were offered, what sentences they ultimately received and their racial makeup, which is how she learned about the disparities here.

“I don’t think that it can be ignored, and it needs to be addressed and spoken about,” she said.

In a lengthy reply to a reader question about ensuring impartiality and integrity in the local judicial system, Van Dyke addressed this imbalance and called out Kreis, noting that the Court of Appeals recently reversed one of his decisions over his failure to address potential discrimination in the jury selection process.

She has also responded to concerns about her “newcomer” residency status and the lawsuit against her former employer. On Tuesday she published a video to her Instagram page addressing some mean-spirited speculation about the partial facial paralysis she has had since childhood.

Asked how she feels about Watson’s write-in campaign, Van Dyke said she finds it “kind of interesting” considering that she’s mentioned in the Commission on Judicial Performance’s Notice of Formal Proceedings against Kreis. (The document says Watson raised conflict-of-interest concerns in a restraining order case in which Kreis allegedly failed to disclose his friendship or social relationship with attorneys involved. “You [Kreis] did not recuse yourself until DDA Watson said that her office was not comfortable with you handling the case,” the notice says.)

“But this is the democratic process and everyone can run if they like,” Van Dyke added in reference to Watson’s candidacy. “I don’t always agree with her but, you know, she has the right to run in this, what’s turned out to be a very interesting election.”

Asked if she had anything else she wants voters to know at this stage of the campaign, Van Dyke said, “I just really want to be able to make a positive impact on Humboldt County. I want there to be a dedicated mental health court here. I want to create a courtroom as an environment that’s welcoming to everyone. And I just have a dedication to the law and justice.”



ROUNDABOUT PARTY! Arcata City Council Unanimously Approves Project That Will Add Two New Roundabouts On Sunset Avenue

Stephanie McGeary / Thursday, Feb. 22, 2024 @ 2:16 p.m. / Local Government

Overview of the project site along Sunset Avenue | Screenshot from City Council meeting presentation

PREVIOUSLY: MORE ARCATA ROUNDABOUTS?! Arcata City Council to Vote on ‘Sunset Avenue Interchange Improvement Project’ During Tonight’s Meeting

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The nightmarish intersections on Sunset Avenue near Cal Poly Humboldt will soon(ish) be replaced by two roundabouts, after the Arcata City Council voted unanimously on Wednesday to approve the U.S. 101 and Sunset Avenue Interchange Improvements Project. 

Before the council took its vote, City Engineer Netra Khatri provided some details and background on the project, which has been in the works for about a decade. Khatri explained that the City – along with Cal Poly Humboldt and Caltrans, which are both partners on the project – discussed other possible solutions for addressing the congested and dangerous intersections, including adding traffic signals, but ultimately found that roundabouts would be the safest and most effective solution. 

In addition to construction two roundabouts on Sunset Avenue – one at the intersection of G Street, H Street and Southbound 101 on/off ramps, and the other at the intersection of LK Wood and the Northbound 101 on/off ramps – the project will also include adding more crosswalks with flashing beacons, additional landscaping and the construction of a 10-foot-wide Class 1 shared bike path for pedestrians and cyclists. Khatri explained that the shared path will eventually connect to the Annie and Mary Trail, a planned trail project that will connect Arcata and Blue Lake via the Arcata- Mad River rail corridor. 

Several community members shared their thoughts during public comment, mostly in enthusiastic support of the project, which they felt was very needed to address the traffic issues on and near Sunset. But some commenters had concerns about the details of the project, including the proposed shared pathway and that the design would require cyclists to merge with traffic at the roundabouts.

Project design from the City of Arcata, edited to highlight the slip lane

Another concern brought up by several people was the inclusion of a slip lane running from Sunset Ave to H Street that would allow vehicles to bypass the roundabout when turning right onto H Street. Colin Fiske of the Coalition for Responsible Transportation Priorities (CRTP) questioned the safety of including the slip lane, which he said would cause people to speed, defeating the purpose of the roundabout. 

“The only reason for [slip lanes] is congestion management, which is not a high priority for the city anymore,” Fiske said. 

Khatri addressed some of the slip lane concerns, saying that the speed limit would be 25 mph, and that the design could be changed to include some speed reduction measures, such as adding additional lights, signage or a raised crosswalk at the intersection.  

Some of the councilmembers also had concerns about the slip lane and bicycle safety, and councilmember Kimberly White said she would really like to see a separate bike lane included in the design. Khatri said that, although a separate pedestrian path and bike lane would be ideal, there isn’t enough right of way space in some sections of the project area to accommodate a separate bike lane and a pedestrian trail. 

White also asked about the overall cost for the project, which Khatri said would be between $17 and $18 Million. The City has currently obtained funding for the design portion of the project, but is still identifying funding sources for construction. Cal Poly Humboldt has agreed to chip in $2.5 million for the project, Khatri said, and the City is in the process of applying for grants. 

Ultimately, the council voted unanimously to approve the project, which will come before the council for another review when the design is 60 percent complete. The goal, Khatri said, is to finalize the design by 2025 and to start construction in 2026.

Closeup of the roundabout designs below:




Hoopa Tribal Chairman Joe Davis Disputes Controversial Allegations of ‘Gross Negligence’ as Tribal Council Attempts to Remove Him

Isabella Vanderheiden / Thursday, Feb. 22, 2024 @ 12:07 p.m. / Tribes

The Hoopa Valley Tribal Council has sparked controversy across social media in recent weeks, following the council’s decision to initiate proceedings to remove its top elected official, Chairman Joe Davis.

Joe Davis | Image via Hoopa Valley Tribe

During last week’s regular meeting, the tribal council approved a motion to suspend Davis from his duties as chairman, citing allegations of gross negligence, neglect of duty and abuse of power. In the days following its decision, the tribal council has enacted measures to restrict Davis’ access to tribal buildings, allowing entrance only by police escort. The council has also prohibited the Two Rivers Tribune, the tribally-owned newspaper, from printing or posting messages from the embattled chairman.

So far, the tribal council has not been particularly forthcoming about the allegations against Davis. It issued a list of five charges against Davis earlier this month, including failure to supervise tribal staff and departments of the Tribe, repeated failure to follow tribal council directives and policies, failure to maintain the Tribe’s website, and repeated failure to disclose potential conflicts of interest despite advice from legal counsel — but the council has not gone into detail about the alleged actions that sparked the suspension.

“The Tribal Council has not taken this decision lightly,” the council stated in a recent news release. “We have hired independent investigators to assess some concerns we have had with Chairman Davis and have conducted a review of his performance as Chairman of the Tribe. Unfortunately, we believe that he has neglected his duty to the Tribe and committed gross negligence as Chairman. We can’t in good conscience let him continue to abuse his power and authority to the detriment of the Tribe.”

Davis has disputed any claims of wrongdoing. Reached for additional comment on the matter, Davis said the whole ordeal stemmed from a conflict of interest allegation from May 2023 when he and his wife were seeking a business loan from the Hoopa Development Fund. 

“This all started [because] the council accused me of not disclosing a loan that I never accepted,” Davis told the Outpost in a phone interview this week. “I had reached out to the Tribe’s legal counsel [Tom Schlossner] to make sure that I was doing everything right and that I wasn’t in violation of any laws. He simply told me that if I were to accept a loan, I would just need to recuse myself from oversight of that department. However, I never did move forward with accepting the loan, so I didn’t feel it necessary to recuse myself at that time.”

Davis maintained that the tribal council used the incident as an excuse to build a case against him. 

“Since then, the council has been looking for other things to try to add to the [conflict of interest claim] because they knew that I never accepted the loan and they really didn’t have much,” he said. “Some of the other folks [Vice-Chair Colegrove and Councilmember Jill Sherman-Warne] that ran against me in the last election, they were looking for things that they could add on to try to get rid of me.”

The tribal council issued a press release on Feb. 20 accusing Davis of attempting “a hostile take-over” of the Feb. 16 meeting after he took his usual seat on the dais and attempted to lead the meeting after the council voted to suspend him from his duties.

“Not only did the Chairman incite hostility and harassment of Tribal Council members at the meeting, but he is encouraging his supporters to privately threaten and harass Tribal Council members,” according to the news release. “Chairman Davis continues to be suspended from all duties as Chairman of the Tribe and is unauthorized to act on behalf of the Hoopa Valley Tribe.”

Davis emphatically denied the alleged attempt “to usurp power” at the meeting. He maintains that he was seated in the audience during the tribal council’s discussion on his suspension and said he “peacefully” took his seat on the dais after the vote.

“There was no hostility on my part,” Davis said. “I had a large crowd of supporters [in the audience] but … there wasn’t anyone that was hostile, other than one tribal member – a family member of another councilmember – who stood up and began yelling about a personal issue that she had. A lot of people just can’t believe that the council would go this far. … It is defamation of my character to say that I attempted a hostile takeover, because that isn’t true.”

The tribal council took further action against Davis at the beginning of this week, voting to restrict his access to all tribal facilities. Davis claims he was unaware of the action until after he showed up to work on Tuesday morning and received a letter from Vice-Chair Colegrove informing him of the suspension notice.

“[T]he Tribal Council has voted to restrict your access to all Tribal Buildings, effective immediately,” the letter states. “You are not to enter a building of the Hoopa Valley Tribe, or any of its entities, or linger outside a Tribal Building, unless you are pre-authorized by the Vice-Chairman to enter. Pre-authorization may be granted for access for personal services or benefits, including health benefits. Pre-authorization will not be granted for any activities related to duties as Chairman of the Tribe. Upon entering any Tribal Building, you will be escorted by Tribal Police to ensure your safety and the safety of our Tribal employees and members.” 

The letter also prohibits Davis from contacting tribal employees. “If you are in need of any personal services or benefits, please reach out to me and I will assist in coordinating such services or benefits,” the letter states.

Along with the letter, Davis received copies of two polling sheets, which serve as a preliminary voting method to facilitate immediate action on pending matters. One polling sheet informed Davis of his restricted access to tribal buildings. The other prohibited the Two Rivers Tribune “from posting or printing any messages from Chairman Joe Davis while he is suspended from office.”

Eventually, Davis said, the Hoopa Valley Tribal Police and a Humboldt County sheriff’s deputy showed up to escort him off the premises. “They told me that if I agreed to leave on my own they would leave,” he said. “They were basically there to remove me.”

The tribal council’s action against Davis has drawn criticism from members of the Hoopa Valley Tribe, some of whom took to the Hoopa Community Facebook group to voice their support for Davis. 

“How many signatures are needed in order to place our chairman back to his seat so he can finish his term and run again[?]” one commenter asked.

“I want to know what the accusations are against the chairman,” another commenter wrote. “It’s my right as a citizen of this Tribe to know what my council is spending their time doing. If a press release can be made that gives some heavy-handed assertions, then the offenses should also be stated.”

​​The tribal council will hold a public meeting in tribal council chambers at 10 a.m. on Feb. 29 to discuss the allegations against Davis and formally consider his removal from the council. Davis will have an opportunity to respond to the charges levied against him during the meeting. 

“I just ask that the council respect the wishes of the tribal membership who elected me and that they go into hearing with an open mind,” Davis said. “I hope they don’t already have their minds made up. … What they’ve done has been a disservice to the membership.”

Vice-Chair Colegrove and Senior Tribal Attorney Kristen Boyert did not respond to the Outpost’s request for comment ahead of publication. We’ll update this post if we hear back.



MORE ELECTION LIMERICKS! Is There Any Place in the World More Inept at Writing Limericks Than Humboldt County?

LoCO Staff / Thursday, Feb. 22, 2024 @ 10:39 a.m. / Elections



Is Ross Rowley the only person in Humboldt who knows what a limerick is? You be the judge.


MEASURE A

There were some pot growers in Humboldt
When prices and profits did tumble
They said let’s grow more, from mountains to shore
The bigger the better, we will not be fettered
Supply and demand be damned.

— Dianne Higgins

We went out to see the night sky
The Pleiades and Venus to spy
When we got there and saw nothing but glare
To the heavens we sent up our prayer
May the hoop houses go bye-bye

— Betsy Watson

There once was a planner who gave not a care
What neighbors and land and rivers could bear
He lets cannabis rule
And now looks a fool
Caught in a twisted and biased affair

— Meighan O’Brien

A forest does not like a cannabis farm
To wildlife and soils they only do harm
They remove food to eat
And places to sleep
Put mammals and birds in a state of alarm

— Patrick Mulligan

Politicians who give in to the fad
Are cowards and cowed by the in crowd
to suport just one percent of those they represent
While the rest of us are thrown under the bus
And the growers threaten to break bad.

— Ken Miller

MEASURE C

County measure named “C” fairly pales,
Compared to Measure “A,” where they rail.
For the Fire Hall’s tax
No one’s grinding an ax
Out in Fieldbrook and in Glendale

— Ross Rowley

SECOND DISTRICT SUPERVISOR

The 2nd’s a race for hobknobbers
Bushnell and McClendon and Roberts
Will they have their own bias?
Up there on the dais
For ranchers, weed farmers or loggers?

— Ross Rowley

ASSEMBLY

Now here’s a fine man name of Myers
To bring salmon back he aspires
He has all our goals
Takes us over the shoals
Vote Myers to get your desires

— Margaret Dickinson

###

OK, Margaret Dickinson also did pretty well.

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