We'd like our money, please

AIRWAY HEIGHTS—Council approved a letter to be sent by Mayor Kevin Richey to the Kalispel tribe concerning mitigation payments the tribe has reportedly withheld at its Sept. 8 legislative session.

According to city documents provided in the meeting agenda, the city entered into a Memorandum of Understanding in 1996 and an Intergovernmental Agreement in 2006 with the tribe.

“The Kalispel Tribe agreed to make payments to the City for impacts of Class III gaming services and for the provision of City services including utilities, street improvement, police, fire and other public services,” documentation reads.

The tribe reportedly has withheld $1,069,500 in mitigation payments due under the two agreements agreed to in 1996 and 2006.

According to a copy of Richey’s letter, which was included in meeting documentation, the tribe has “more specifically” withheld payments of $334,750 and $360,700 in 2019 and 2020, respectively. The tribe believes, according to meeting documentation, that the memorandum of understanding “only” requires an annual payment for $374,250.

“The city disagrees with this position based on the clear and plain language of the MOU,” Richey’s letter states.

The letter also requests that the tribe review the two agreements with its attorneys before meeting with the city “to discuss your understanding of the agreements and a resolution of these matters.”

If the tribe does not respond to the meeting request within 15 days, the city “will be left with no choice but to pursue its legal remedies,” the letter concludes.

City attorney Stanley Schwartz said during council’s session that the city has heard that the tribe is linking the two agreements.

“There is absolutely no linkage, period,” Schwartz said. “I believe this letter is appropriate and also states that if they do not reply and meet with us, then we have no other recourse but to pursue legal remedies, which of course would in all likelihood mean making a demand for the amount that is due and if necessary resort to litigation.”

Schwartz added that he believes that under litigation, the city would be entitled to discovery in the case of the memorandum of understanding.

Richey’s letter was amended by Schwartz and was expected to be signed by Richey by press time, Sept. 15. The city planned to also email the letter the same day, giving the tribe a deadline of Sept. 30 to respond and arrange a meeting with the city.

Drew Lawson can be reached at drew@cheneyfreepress.com.