UPDATE (1/27/17): All Submissions will be opened publicly on February 27, 2017 at 9:00 a.m. Final award of the Submission is expected to be made on March 1, 2017.
Download(PDF): Request for Qualifications
All Submissions must be submitted in a sealed envelope clearly marked “Tribal Court Comprehensive Planning Demonstration Program – Facilitator Proposal” on the outside of the envelope. Submissions must be RECEIVED by January 24, 2017 at 12:00 p.m. Pacific Daylight Time, to:
Diane C. Whitson, Tribal Court Administrator
Confederated Tribes of Coos, Lower Umpqua & Siuslaw Indians
1245 Fulton Avenue
Coos Bay, OR 97420
Faxed Submissions will not be accepted. Any Submissions received after the date and time of opening will be rejected and returned unopened to the Submitter.
Here are the materials in Dewberry v. Kitzhaber (Or. App.):
Oregon COA Opinion
Appellants Opening Brief
Respondents Joint Answer Brief
Tribal Amicus Brief
Appellants Reply Brief
In summary, the Oregon legislature authorized the Governor to enter into agreements with tribes to ensure that the state does not infringe on tribal rights under federal laws, such as IGRA. The trial court correctly concluded that the Governor acted lawfully under ORS 190.110 in negotiating and entering into the tribal-state compact with the Tribes.
Here is the circuit court opinion in State ex rel. Dewberry v. Kulongowski: Dewberry Oregon Circuit Ct Opinion.
The court held that over numerous challenges that a Class III gaming compact between the state and the Confederated Coos, Lower Umpqua, and Siuslaw Indians relating to the so-called “Hatch Tract” was valid.
Commentary on the case from Scott Crowell:
The well-reasoned opinion, attached, ruled in favor of the Coos Tribe and the State on the merits of the two critical questions before it. First, it held that the prohibition in the Oregon Constitution against casinos is a regulation on the manner in which games may be provided, rather than a prohibition against any type of gaming, and therefore does not apply to Tribes under IGRA. This leaves in tact the state laws that limit the Lottery games such that gaming cannot be the primary business in taverns, racetracks etc. Second, the court held that the Governor has the authority under both the Oregon Constitution and Oregon statutory law to execute and bind the State to the compact agreements. This is a major victory in that it is the first court case among several brought against compacts in other states that did not opine that the State Legislature must ratify the compacts before they are binding. Tribes in other states have been extorted into paying large fees to state coffers in order to get through the politics of legislative ratification.