Tribal Employee

Lawsuit challenging council reduction vote is good for the Nation

2010-01-05T08:00:00.010-07:00

Diné for Fairness in Government, a group from Leupp, filed a lawsuit with the Navajo Office of Hearing and Appeals challenging the outcome of the vote. (Read story) They say that their agency (Western Agency) voted against both the council reduction and the line-item-veto, and therefore the reduction should not proceed. What puzzles me is that Leupp Chapter/Western Agency is part of the bigger Navajo Nation whose people voted for the reduction and line-item-veto. I would agree with the Leupp group’s argument if they were separate on their own, but they are a part of the bigger the Navajo Nation. We must look at the whole Navajo Nation, not just the western agency. But the lawsuit is also appropriate so that both sides of the vote are considered before further important changes occur.

Although the appeal is being made to the Office of Hearing and Appeals, the lawsuit raises another point about the Navajo courts that keeps being raised. Council Delegate Kee Allen Begay Jr. recently said in his letter to the Navajo Times, “I believe there's got to be some "reality" checks done into our Navajo Nation judicial system, especially our own district court judges.” (December 23, 2009). Among other issues, Mr. Begay talked about the court’s back log and the use of Non-Navajo attorneys. Like the Navajo Council, Navajo courts do need more exposure. A lot of the current significant changes in government are being decided by the Navajo courts. (Three council reduction decisions have been rendered by the Navajo courts with a fourth case that has just been filed.) Who are these justices, judges and their advisors who are deciding these critical cases? As Mr. Begay insinuates, do we want non-Navajo lawyers to be shaping the Navajo government for Navajos? Are they qualified to be making such important decisions? What should those qualifications be? The people need more coverage in these areas. The people need to be more informed about the court system. But along with that, the people also need to be more proactive in their government so that the government and its officials are in check.

(Note: The Office of Hearing and Appeals is not a part of the Navajo Judicial Branch. It also has no informational website. However, cases that go through Office of Hearing and Appeals may be appealed to the Navajo Supreme Court which is part of the Navajo Judicial Branch. Therefore, along with the legislative and judicial, Office of Hearing and Appeals also needs more exposure.)

Council activity needs more exposure

2010-01-05T07:50:00.004-07:00

This is the type of coverage that we would like to see about the activities of the Navajo Nation Council. This type of journalism, however amateur it may be, benefits Navajos who are far away from Window Rock such as the Tuba City Navajos, the Cuba Navajos, etc. Bravo for this person. He needs to continue his work. (Read related entry: Navajo council proceedings need more exposure).

Council Reduction Election Results (By Council Delegate)

2010-01-05T00:24:00.003-07:00

Delegates whose chapter(s) voted FOR council reduction:
Larry Anderson, Sr. (Fort Defiance)
Leonard Anthony (Shiprock)
George Arthur (T'iistoh Bikaad/San Juan/Nenanezad)
Pete Ken Atcitty (Shiprock)
Andy R. Ayze (Chinle)
Lorenzo C. Bates (Upper Fruitland)
Harriett K. Becenti (Manuelito/Rock Springs/Tseyatoh)
Elmer P. Begay (Dilcon/Teesto)
Kee Allen Begay, Jr. (Many Farms/Round Rock)
Mel Begay (Coyote Canyon/Mexican Springs)
Omer Begay, Jr. (Cornfields/Greasewood Springs/Klagetoh/Wide Ruins)
Sampson Begay (Jeddito/Steamboat/Low Mountain)
Nelson Begaye (Lukachukai/Tsaile/Wheatfields)
Alice W. Benallly (Crownpoint/Nahodishgish)
Ralph Bennett (Crystal/Red Lake/Sawmill)
Ray Berchman (Oak Springs/St. Michaels)
Harry H. Clark (Chinle)
Harry Claw (Chinle)
Benjamin Curley (Kinlichee/Ganado)
Lorenzo Curley (Houck/Lupton/Nahata Dziil)
Charles Damon (Baahaali/Church Rock)
Roy B. Dempsey (Oak Springs/St. Michaels)
Davis Filfred (Mexican Water/Aneth/Red Mesa)
Jerry Freddie (Dilcon/Teesto)
Tim Goodluck (Houck/Lupton/Nahata Dziil)
Nelson Gorman, Jr. (Chinle)
Curran Hannon (Oak Springs/St. Michaels)
Phillip Harrison Jr. (Red Valley/Cove)
Orlanda Smith-Hodge (Cornfields/Greasewood Springs/Klagetoh/Wide Ruins)
Harry Hubbard (Becenti/Lake Valley/Standing Rock/White Rock)
Raymond Joe (Tachee/Blue Gap/Whippoorwill)
Norman John II (Twin Lakes)
Amos F. Johnson (Forest Lake)
Hoskie Kee (Littlewater/Baca-Prewitt/Casamero Lake)
Ervin M. Keeswood, Sr. (Tse Daa Kaan)
Tom Lapahe (Tachee/Blue Gap/Whippoorwill)
Roy Laughter (Chilchinbeto/Kayenta)
Joe M. Lee (Chichiltah)
Hope MacDonald Lone Tree (Coalmine Canyon/Toh Nanees Dizi)
Kenneth Maryboy (Mexican Water/Aneth/Red Mesa)
Raymond Maxx (Coalmine Canyon/Toh Nanees Dizi)
Elmer L. Milford (Fort Defiance)
Lawrence T. Morgan (Iyanbito/Pinedale)
Herman R. Morris (Naschitti/Tohatchi)
Johnny Naize (Tselani/Cottonwood/Nazlini)
Ida M. Nelson (Red Rock)
Jonathan Nez (Shonto)
Larry Noble (Jeddito/Steamboat/Low Mountain)
Francis Redhouse (Teecnospos)
David B. Rico (Pueblo Pintado/Torreon/Whitehorse Lake)
Bobby Robbins Sr. (Coalmine Canyon/Toh Nanees Dizi)
David Shondee (Chilchinbeto/Kayenta)
Roscoe D. Smith (Crystal/Red Lake/Sawmill)
Leonard Teller (Lukachukai/Tsaile/Wheatfields)
GloJean Todacheene (Shiprock)
David L. Tom (Beclabito/Gadiiahi)
Young Jeff Tom (Mariano Lake/Smith Lake)
Willie Tracey, Jr. (Ganado/Kinlichee)
Leonard Tsosie (Pueblo Pintado/Torreon/Whitehorse Lake)
Tommy Tsosie (LeChee)
Harold Wauneka (Fort Defiance)
Elbert R. Wheeler (Many Farms/Round Rock)
Harry Williams, Sr. (Coalmine Canyon/Toh Nanees Dizi)
Edmund E. Yazzie (Thoreau)
Ernest D. Yazzie, Jr. (Baahaali/Church Rock)
Peterson B. Yazzie (Naschitti/Tohatchi)

Delegates whose chapter(s) voted AGAINST council reduction:
Evelyn Acothley (Bodaway-Gap/Cameron/Coppermine)
George Apachito (Alamo)
Katherine Benally (Dennehotso)
Jerry Bodie (Sanostee)
Leonard Chee (Birdsprings/Leupp/Tolani Lake)
Jack Colorado (Bodaway-Gap/Cameron/Coppermine)
Herman Daniels, Sr. (Oljato)
Leslie Dele (Tonalea)
Cecil Frank Eriacho (Ramah)
Rex Lee Jim (Rock Point)
Woody Lee (Sweetwater)
Lena Manheimer (Ts'ah Bii Kin/Navajo Mountain)
Lawrence R. Platero (Tohajiilee)
Danny Simpson (Huerfano)
Kee Yazzie Mann (Kaibeto)
Thomas Walker, Jr. (Birdsprings/Leupp/Tolani Lake)
Harry J. Willeto (Nageezi/Ojo Encino/Counselor)

Delegates representing chapters, some who voted FOR council reduction and some who voted AGAINST council reduction:
Lorenzo Bedonie (Hardrock/Pinon) **
Lee Jack, Sr. (Whitecone/Indian Wells) **
Edward V. Jim, Sr. (Greyhills/Sheepsprings/Newcomb) **
Preston McCabe Sr. (Hardrock/Pinon)

Source: chapter report.

Preserving Navajo coyote stories in books

2010-01-04T23:22:00.008-07:00

This is an interesting interview with Gerald Hausman, a man that publishes Navajo stories. He says, "I first began collecting Navajo coyote stories in 1965 in northern New Mexico. I was told by my translators that many of the old tales were being lost and that younger members of the tribe were not that interested in them." This is very apparent today, 45 years later, as younger Navajos no longer speak Dine today. I wonder what it will be like in another 45 more years? Anyhow, Mr. Hausman's story collection presents a dilemma. Is his collection explotation or culture preservation of old Navajo coyote tales? (Read story: "Interview with Gerald Hausman, Listener and Folklorist")

Unattended reservation roads

2009-12-25T21:29:00.001-07:00

While most paved roads in northern Arizona are clear of ice and snow two days after the snow storm, BIA Route 59 (the road between Kayenta and Many Farms) still has ice patches and lanes on the road that makes it dangerous for travelers. This is a good time for the Chilchinbito council delegate and the Navajo Department of Transportation to show that they are of service to the Navajo communities.

Snow bath at the ski resort

2009-12-17T23:01:00.010-07:00

Now is the right time to take these kinds of baths (if we can get some more snow). Yas bii'na'adinotaah.

Eye-catching quotes

2009-12-17T22:27:00.005-07:00

Two statements that caught my eye in this week's letters to the Navajo Times editor:

"Could the Navajo Times investigative reporters investigate the qualifications of judges, judicial branch officials and legislative officials and publish it?" By Gary Cody, Gallup. (showing the need for increased qualifications)

"Attention all Navajo Nation home-site leasees, farmers, ranchers, and business owners, it takes only a whim and the stroke of a pen to take away what you have worked all your life for." By Justin Yazzie Jr., Farmington. (showing that under American law, reservation land is not private property)

Increased qualifications will substantially remove the bad apples. The second statement needs to resonate in the ears of all the Navajos that fight each other for land.

Navajos historically vote to reduce the council

2009-12-15T23:23:00.017-07:00

This is the first time in more than one and a half centuries, since prior to Fort Sumner, we Navajos had any say as to the structure of our government. After Fort Sumner, the U.S. Federal government dictated the organization of the Navajo council for business mineral leasing purposes. The KTNN radio announced this evening that according to the unofficial count, 60% of Navajo voters have voted to reduce the tribal council to 24, and to give President Shirley a line-item veto. (Read story) I suspect that the People were divided 50-50 on the reservation and that the more educated off-reservation Navajos pushed the vote in favor of reducing. This shows the importance of participating in government by voting. We wonder how the council delegates are going to try to wiggle their way out of this one? What further governmental changes are going to be proposed by our leaders? Are we going toward the Dine Original Law Structure as mentioned in the Fundamental Laws of Dine? Are more of the current council delegates going to run for Presidency in 2010 like Rex Lee Jim? (Read related story) I would like to see the qualifications for council delegate to be increased. To lead us through this 21st century of globalized issues, we need leaders that have professional graduate degrees, culturally grounded, that speak their language, and that have no criminal background.

District court judge reinstates Shirley

2009-12-14T23:08:00.000-07:00

This is another interesting tribal court case that further defines the powers of the three branches of government. Navajo District Court Judge Geraldine Benally has ruled in favor of President Joe Shirley Jr. The court issued a permanent injunction against a Tribal Council resolution that placed Shirley on leave on the grounds that the tribal legislatures acted outside of their authority. (Read story) Rumor has it that some tribal attorneys refused to represent Speaker Lawrence Morgan when he showed up for court. More than likely, this case will be appealed to the Navajo Supreme Court.

Delegate Omer Begay pees his pants

2009-12-12T22:59:00.000-07:00

Now why would Mr. Begay do this at a time when council delegates are being scrutinized for their un-leaderlike behavior? (Read story: Council delegate urinates on himself) Sounds like a bad apple to me.

US forecloses Indian reservation land

2009-12-04T08:57:00.008-07:00

This is another disappointing move by the US Government in Indian Country. Apparently, the Internal Revenue Service seized the Sioux Nation's lands in South Dakota and resold the lands at an auction to the public to pay off a debt. This type of land grab from the Indians plagues this country's history with the Indians. I just wonder if this is the same Sioux Nation that declared Independence from the US, and if this is the same Sioux Nation that clings onto the Blackhills? (read story). Supposedly there are trillions in a bank somewhere that the US paid the Souix Nation that just built up because the tribe never accepted the money.

IRS sells SD Indian tribe's land to settle debt
By CHET BROKAW Associated Press Writer
Posted: 12/03/2009 03:09:20 PM PST
Updated: 12/03/2009 03:15:19 PM PST

PIERRE, S.D.—The Internal Revenue Service on Thursday auctioned off a large swath of land owned by an impoverished Indian tribe to help pay off more than $3 million in back taxes, penalties and interest—a sale the tribe says is illegal under federal laws protecting Indian land.
The 7,100 acres, or 11 square miles, of Crow Creek Sioux tribal land in central South Dakota ranch sold for almost $2.6 million, less than the $4.6 million it was appraised at, said IRS spokeswoman Carrie Resch. She did not say who bought the land.

The tribe filed a lawsuit Monday in U.S. District court in Pierre seeking to block the sale. Judge Roberto A. Lange declined their request but promised to schedule a trial to hear the tribe's arguments.

The land in question was part of the tribe's original reservation established in an 1868 treaty, and was held by the federal government in a trust for the tribe. But it was eventually allotted to individual tribal members, who then sold it to non-Indians, putting it outside the tribe's legal jurisdiction.

The tribe bought the ranch back in 1998 but the Bureau of Indian Affairs did not put the land back into trust, which would have protected it from seizure, Tribal Secretary Tommy Thompson said.

Tribal Chairman Brandon Sazue said he hopes the tax dispute can still be resolved in a way that allows the tribe to keep the land.

"It's very disgraceful, very shameful. It's devastating to us," Sazue said after the auction. "Our land is never for sale."

Lawyers said the tribe can purchase the land back during a 180-day redemption period, and the land will not change possession during that time. A trial is tentatively set for March 29-30, which is within the redemption period.

According to the lawsuit, the IRS was auctioning the land to recover more than $3.1 million in federal employment taxes owed by the tribe. The tribe didn't pay the taxes because it was told, erroneously, by an official connected to the BIA that federally recognized tribes do not have to pay the taxes, according to the lawsuit.

The auction was unnecessary because the tribe is seeking a loan to pay off its tax bill, the lawsuit said.

The tribe contends the IRS cannot legally seize and sell the land because it is owned by Crow Creek Tribal Farms Inc., a corporation set up by the tribe that is not legally responsible for settling the tribe's tax debts.

Members of the tribe have used the land and lived on it for a long time, according to the suit. "Members died and were buried on the land. Indeed, the lands were considered so important to the Crow Creek Sioux Tribe that the Tribe went into debt to acquire the land as part of its land consolidation effort to enlarge the Crow Creek Indian Reservation," it contends.

The tribe also argues that the seizure is illegal because the land cannot be taken without congressional approval and the IRS has not followed a federal law requiring an environmental assessment of the sale's impact.

The tribe's lawyer, Mario Gonzalez of Rapid City, said the IRS action was unusual. "This is the only instance that I know of where the IRS has levied on tribally owned land on an Indian reservation."

Resch, the IRS spokeswoman, said she could not comment on the tribe's legal arguments because the IRS does not comment on pending litigation.

Thompson said the IRS should have negotiated with the tribe, and that the tax bill could have been paid from trust money held for the tribe by the federal government.

"I'm kind of upset and kind of furious with the IRS," Thompson said.

The land is particularly valuable to the tribe because it has been designated as a site for construction of wind towers to generate electrical energy, Sazue and Thompson said.

Buffalo County, which encompasses the Crow Creek reservation, is consistently listed by the U.S. Census Bureau as one of the poorest counties in the nation. The Census Bureau reported that more than 39 percent of the county's population lived in poverty in 2005, when the annual median household income was just $16,868. The county had a 20 percent unemployment rate in October, four times higher than the state average, according to the South Dakota Department of Labor.

Improve your credit

2009-12-04T07:52:00.003-07:00

When you need to get a loan for an automobile or a home, lending institutions no doubtedly check your credit score to assess your ability to repay back the loan. The higher your credit score, the more likely you’ll get the loan. This article shows you some common pitfalls that may decrease your credit score.

FICO Reveals How Common Credit Mistakes Affect Scores
by Jeremy M. Simon
Sunday, November 29, 2009

Disclosed for the 1st time, 'damage points' taken off for late payments
Borrowers already knew that late payments hurt their credit scores, but for the first time, they now know the extent of that damage.

The greater transparency about FICO scores is important because American consumers' ability to get credit rises and falls with the number. FICO, the company that pioneered credit scoring, assigns consumers a three-digit number from 300 to 850, depending on how well they handle credit. Other companies also offer scores, but FICO's version is the most widely used by lenders in determining whether a consumer can borrow, and at what rate.

FICO's credit score has been around for decades, but only within the past decade have consumers gradually gained access to theirs. Though the raw numbers can be purchased, how they're figured remains a FICO secret, as closely guarded as the formula for Coca-Cola. Until Thursday, FICO revealed only broad categories of factors influencing the score, but not the number of points at stake for consumers who fail to pay as agreed. The "damage points" information, revealed in a report by personal finance writer Liz Pulliam Weston, will be made available through its myFICO.com Web site starting this weekend.

FICO's information shows that bankruptcy does the most serious damage to a credit score (up to 240 points), followed by foreclosure (up to 160 points) while maxing out a credit card has the least numerical impact (as few as 10 points).

Those with good or excellent credit -- so-called prime borrowers -- put more points at risk with each mistake. For example, someone with an average credit score of 680 who pays a bill 30 days late will see a drop of 60 to 80 points. But for someone with an excellent credit score -- 780 -- that same delinquency can send a FICO score tumbling by 90 to 100 points.

The Cost in Dollars

In order to show just how badly a drop in your FICO score can hurt your wallet, we spoke with members of the home mortgage, auto and credit card lending industries. We presented hypothetical scenarios of a consumer who decided to apply for a $200,000, 30-year mortgage; a $20,000, five-year auto loan and a credit card. While all the industry insiders stressed that a FICO score isn't the only factor in determining who gets credit and at what cost (other factors they cited include the borrower's debt-to-income ratio and whether they have already established a relationship with the lender), they were able to provide an idea of what a borrower who had the following credit scores could expect.

For a Consumer Who Started With a FICO Score of 780:

• Following a 30-day late payment, the consumer's car loan rate would jump nearly 3 percent, costing the borrower $26 more each month.
• Following a debt settlement, the consumer would pay as much as $109 more each month on a home mortgage.

For a Consumer Who Started With a FICO Score of 680:
• Following a 30-day late payment, the consumer would pay $41 more each month for a car loan.
• Following a 30-day late payment, the consumer would pay as much as $95 more each month on a home mortgage.
• Following a debt settlement, the consumer would no longer qualify for a credit card.

Some Surprised By the Details

Consumer advocates say it's important for borrowers to know what can damage their FICO scores. "If they know it in advance, they won't go out and step in a pile of doo-doo. They won't go out and do some of these things," says Linda Sherry, director of national priorities with advocacy group Consumer Action. Even experts found some surprises in today's news. "FICO imposes bigger hits than I would have thought for being maxed out or 30-days late just once, reinforcing my view that it is a cruder, blunter instrument than they like to claim. Nevertheless, it is a powerful, widely used crude blunt instrument," says Ed Mierzwinski, consumer program director for the U.S. PIRG consumer advocacy group.

Of course, knowing the impact on a FICO score and actually avoiding these mistakes are two separate things: Amid rising unemployment and other daily financial struggles, paying bills and staying on-track financially becomes a much bigger challenge for many borrowers.

"Some of these things are out of their control," Sherry says of consumers.
Additionally, as Weston points out, consumers with identical FICO scores can have different credit histories. That means the same slip-up -- such as maxing out a credit card -- could have different impacts on consumers who have the same FICO score. In the examples they provided, FICO assumed each borrower had several active major credit cards, a mortgage, car loan and student loans.
Sherry acknowledges the benefit of putting a number to a financial blunder. "I don't think we necessarily knew the numbers that a bankruptcy could apply to a credit score," Sherry says.

Helping You Make Better Decisions

While knowing the numbers may not keep you filing for bankruptcy if given no other choice, the information may help you make the best decision when faced with a bad situation.

FICO scores -- and the access to credit they provide -- are a valuable asset to consumers and supply a safety net when incomes are stretched. It's an asset that needs to be protected, Sherry says, even if job loss or catastrophic illness makes bill paying problematic.

"In that period of time, paying down debt is the last thing on your mind. Paying the minimum payment may also be the last thing on your mind, but you'll be doing yourself a big favor if you do," Sherry says.

Rex Jim announces Navajo President candidacy

2009-11-30T09:06:00.010-07:00

The race is on! Council Delegate Rex Lee Jim of Rock Point has officially announced his candidacy for Navajo Nation President in 2010. (Read story). The qualities that stand out most about this candadidate is his Ivy League education (Princeton) combined with being a traditional medicine man. In my estimation, Mr. Jim has a good chance of winning the presidency due to these outstanding traits. I look to see other educated people (Leonard Tsosie, Ferlin Clark, to name a couple) announce their candidancy so that we can choose from a good selection of educated candidates. It's time our leaders become more educated in the Western Education while retaining their Navajo Education.

Read more about Rex Jim, video

Navajo speaker sued for fraud

2009-11-23T09:07:00.013-07:00

Apparently, a Scottsdale firm is suing the the Navajo Speaker of entering into a contract and going back on his word. According to the article:

"Will Graven, owner of North American Building & Development in Scottsdale, Ariz., filed a lawsuit this month against Morgan in Window Rock District Court. The suit accuses Morgan of four counts of fraud, two counts of conspiracy, extortion and breach of contract. Graven filed Tuesday a motion for summary judgment on several of the initial 12 counts.

Morgan allegedly entered into a legally binding contract with Graven in 2007 for design and construction of a proposed legislative complex that included a rooftop swimming pool, a helicopter landing pad and a parking garage."

Our leadership really needs to stop thinking extravagantly. They need to come back down to earth where the people are. What was this guy thinking? A swimming pool? A helicopter landing pad?

(Read article: Chaos continues in Navajo capital).

Tribal sovereignty matters only in theory

2009-11-23T09:02:00.003-07:00

This is an article about the FBI's recent handling of the nun-murder-case. Eid: Federal actions speak louder than words

Feds ignore President Obama and disrespect Navajo Nation in nun murder case

2009-11-11T23:28:00.025-07:00

This is a disappointment. The FBI and federal courts simply have no respect for tribal government. Why can't the FBI go through the proper tribal process to get Reehahlio Carroll, the guy accused of killing the nun? It's not like the tribe is telling the FBI no. The tribe is telling the FBI to go through the proper tribal process of getting the criminal suspect. (Read story: FBI Yet To Gain Custody Of Alleged Nun Killer) The proper tribal process is to get a tribal extradition order. Instead, the FBIs run to the federal judge to obtain a federal court order. President Obama declares that the United States is in a nation-to-nation relationship with the Navajo Nation and other tribal nations:

"The United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies (agencies) are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes." Opening lines to President Obama's MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES (Nov. 5, 2009)

So why doesn't the FBI, which is part of the federal executive branch that President Obama heads, respect their leader's directive? It's because of bullying such as this that the US gets an unpopular image. UNM Dean Kevin Washburn's public safety argument that the person is a danger to the public also does not fly considering that the suspect is in tribal jail. He's not in the community. Chief Prosecutor Bernadine Martin is a very brave woman to stand her ground in upholding Navajo Nation law.

President Shirley's response to being put on leave

2009-10-27T15:59:00.002-06:00

This is politics at its worse - or the ugly side of politics. One comment though: This is Vice-President Shelly's time under the public light. His performance now will have a great bearing on whether or not people will vote for him if he decides to run for President in the next presidential election.

Navajo President Joe Shirley, Jr., disappointed with council action
to place him on leave, attributes it to his government reform effort

By GEORGE HARDEEN, Office of the President & Vice President, Navajo Nation

WINDOW ROCK, Ariz. – Navajo Nation President Joe Shirley, Jr., said Monday that he is disappointed in the Navajo Nation Council’s action to place him on administrative leave and that he is still waiting to be informed of the specific allegations against him.

“They’re really hurting the Navajo Nation,” President Shirley said following the council’s vote. “In this case, 36,000 voters put me in office and 48 council delegates decided to put me on leave without telling me or the people the specific reasons why.”

“I wasn’t informed what the allegations are, I don’t know what the allegations are, and I still don’t know what it’s all about,” President Shirley said. “No one has bothered to share that with me.”

On Monday, the council voted 48-to-22, with 18 not voting, to place the President on administrative leave with pay and to refer reports on OnSat Communications and Biochemical Decontamination Systems Manufacturing Co. to Navajo Nation Attorney General Louis Denetsosie. The attorney general is expected to determine within 60 days whether hiring a special prosecutor is necessary.

President Shirley noted that neither OnSat CEO Dave Stephens nor former Navajo Nation Telecommunications Regulatory Office Director Ernest Franklin, who are also accused of wrongdoing, have been charged, prosecuted or convicted of any improprieties.

The resolution to place the President on leave passed after an amendment to remove Navajo Nation Vice President Ben Shelly’s name from it was approved.

The Vice President said the council’s action will go through its normal course of certification to enable an investigation to proceed. He will remain Vice President while temporarily assuming the duties and functions of President Shirley in his absence during his administrative leave.

“The people elected President Shirley and I,” Vice President Shelly said. “It is our responsibility and our duty, now incumbent upon me, to ensure government, services to the Nation continue. The executive branch of the Navajo government resumes with no disruption.”

Despite the council’s denial, President Shirley said it appears irrefutable that the action is in retaliation for his efforts to seek an initiative election to reduce the council from 88 to 24 delegates, and to allow the president line item veto authority.

“In this case, we’ve been trying to give the Navajo people the opportunity to be more involved in their government through the government reform initiatives, and the council does this without telling the people or me why,” he said. “All that’s out there is hearsay. Something is wrong with this process, and I don’t think it’s right.”

He said more than 33,000 people signed petitions to give Navajo voters a chance to decide on the initiatives but that the effort has run into continual resistance and stalling from the council since May 2008.

A review of the chronology of events since President Shirley announced the Presidential Initiative on Government Reform shows that both the council and the Speaker’s office have opposed the initiatives with statements and legal action since they were first announced.

“Just because the President makes a huge intimidating move, it doesn’t necessarily mean the legislators will accept,” the May 1, 2008, Gallup Independent reported Speaker Morgan as saying on. “That’s democracy.”

“If this is what it takes to get there, to give the people the chance to decide what their government looks like, then this is what it takes,” President Shirley said. “I certainly believe I’ll be exonerated. We’ve got nothing to hide. I’m just very sorry this has happened. I’m still the president. The vice president will do the best of his ability in the meantime.”

On April 29, 2008, the President presented two initiatives to the Navajo Election Administration; one seeking to reduce the council from 88 to 24 delegates, and the second to establish presidential line item veto authority.

The President has said the initiatives are necessary to bring greater accountability, efficiency and effectiveness to the council because it repeatedly waives the Navajo Nation Appropriations Act, repeatedly drains the Undesignated Unreserved Fund over the objections of the Navajo Office of Management and Budget, and recklessly allocates money for questionable discretionary funding.

Two efficiency reports commissioned by the council corroborate the President’s assertions.

A 2001 report, titled Lawmaking and Oversight Efficiency Study; Increasing the Efficiency of the Navajo Nation Council and Standing Committees, measured the council’s effectiveness against other state, county and city governments. It found examples of inefficiency, high costs, and a lack of delegate preparation, but expressed doubt that delegates would make the necessary changes to bring greater efficiency to their lawmaking process, or that they would implement its recommendations.

Among the areas identified as needing improvement were delegate professionalism, meeting attendance and tardiness, committee assignments based on expertise, and the publication of voting and attendance records.

“The likelihood that the current delegates would vote for such changes, however, is doubtful,” concluded ETD Environmental Consulting of Flagstaff, Ariz., the report’s author. “The unwillingness of delegates to change their attitude towards their responsibilities may be the number one barrier to more effective and efficient lawmaking on the Nation.”

A second 2005 study, titled, Final Report to the Navajo Nation Council Subcommittee on Legislative Branch Effectiveness, recommended that the council re-evaluate how it oversees the Executive Branch.

“Delegation of decision-making authority to the Executive Branch and its respective agencies would allow the council and its legislative committees to focus more exclusively on policy development and would preserve the balance of power that a three-branch government provides,” wrote the authors, the National Conference of State Legislatures and its subcontractors JVA Consulting and Mark Fleming. “Many of the administrative actions considered by the Navajo Nation Council are functions more appropriately handled by the administrative agencies within the executive branch and should be delegated accordingly.”

The 2005 report said the council should refrain from micro-managing.

On May 12, 2008, Chief Legislative Counsel Frank Seanez wrote an opposing legal opinion to an opinion issued by Attorney General Louis Denetsosie. Mr. Denetsosie had said a simple majority applied to the initiative election rather than a super- majority which applied to a referendum election.

In his opposing opinion, Mr. Seanez accused the attorney general of being biased.

On May 19, 2008, the Speaker filed objections to the sufficiency of the initiative petitions with the Office of Hearings and Appeals. His objections were denied.

In June 2008, the Speaker asked the President to “talk things out” in the spirit of k’e, compromise and harmony to seek government reform through legislation, and halt the Presidential initiatives. The President agreed, including dropping line item veto authority, and an agreement was signed on August 13, 2008.

However, the Speaker failed to carry through with his end of the agreement to see that legislation was introduced to reduce the council to 44 delegates. When the press inquired why, he office said only that it was because of a “technicality.”

In November 2008, after the Petition Initiative Committee submitted its completed petitions, the Navajo Election Administration – which is under the Speaker’s office – found them to have insufficient signatures but refused to allow the Petition Committee the opportunity to review them.

The Petition Committee sought a hearing from the Office of Hearing and Appeals. However, after a six-month delay in appointing a hearing officer, the committee sought relief from the Navajo Nation Supreme Court. The high court appointed District Court Judge Carol Perry as hearing officer.

On June 25, 2009, Judge Perry ordered an initiative election to occur within six months after Chief Legislative Counsel Frank Seanez stipulated, based upon the election administration’s recalculation, that the Petition Committee had collected enough valid signatures.

The Office of Legislative Counsel appealed Judge Perry’s order, which was denied when the Navajo Nation Supreme Court affirmed the order to hold the election within six months.

However, in its decision the high court also chastised the Navajo Election Administration’s lawyer – Ron Haven of the Office of the Legislative Counsel – for unprofessional conduct in what it called an attempt to apply political pressure to find in favor of his client, the election administration, at the risk of the council not confirming two probationary justices as permanent justices.

The court noted the paradox that the lawyer for the election administration is also the lawyer for the council, which would be directly affected in structure and authority should the initiatives pass. It said that although the NEA is an independent entity, it answers only to the council and the Speaker’s office.

“To allow elected officials to supervise the regulatory entity that administers elections and certifies petitions raises the likelihood of impartiality, abuses of power and corruption,” the court said. “It is critical that the NEA be a neutral body independent of the politics of the elected branches of government to ensure public faith in the petition verification process.”

At the same time, the court also found that the Initiative Petition Committee had operated in good faith and that it followed the rules as best it could, given the lack of clear directives.

On Sept. 10, 2009, President Shirley made a personal appeal to the Navajo Board of Election Supervisors to set an election date. On Sept. 18, the board set the election for Dec. 15.

On Oct. 20, the council voted against placing legislation on its fall agenda to pay for the special election. To date, the council has not considered the issue and has not appropriated funding for the election to occur.

Navajo President put on leave

2009-10-26T16:04:00.002-06:00

The word is that the Council placed President Joe Shirley on leave and the police have closed the roads anticipating a riot. Anyone in Window Rock, is that true?

Navajo Government Forum Debate

2009-10-24T09:49:00.002-06:00

Navajo Government Forum Debate with President Shirley and Council Delegates Leonard Tsosie, Jonathan Nez, & Kee Allen Begay at ASU Law School, Oct. 28th @ 5:30 PM.

Hopefully, this debate can be made available for the reservation Navajos to hear (on radio)and/or see (on tv or internet).

Abusing the sacred

2009-10-15T16:20:00.008-06:00

We should not play around with ceremonies. They can kill people. One should not try to be someone they were not intended to be. This story about two newagers dying in a sweatlodge in Sedona sounds like a story about ma’ii. Yee yah. Bahadzid.

Read:
Authorities puzzled by deaths at Sedona-area sweat lodge
Taliman: Selling the sacred

Speaking out against child sexual abuse

2009-09-30T15:30:00.030-06:00

Photo by Mike Carroll/Navajo Hopi Observer

This article was several weeks back, but the issue is very important. There is ALOT of child sexual abuse occurring on the Navajo reservation. A lot of it goes unreported because the victims live in fear and shame and there is no confidence in the Navajo criminal justice system. Our Navajo Social Services are also so runned into the ground that Social Services is ineffective and these child sexual offenders easily fall through the cracks. In this article, Kaylynn May Bahe bravely promotes public awareness of the issue. As with the assimilation of Navajos, most Navajos turn the other way when they hear about child sexual abuse. The Navajo People need to someway come together to raise awareness of the issue and to put the predators behind bars. I think it’s a hard task considering that Navajos are assimilating into American society which glamorizes and capitalizes on youth and sex. These are reasons why the federal government passed the Adam Walsh Act which is requiring the Navajo Nation and other tribes to publish its list of child sexual offenders. (Read tribal resolution) I heard that the Navajo list of child sexual offenders will be published on a website sometimes in the future. Currently, only the states publish their registered sex offenders online. (Arizona, New Mexico, Utah)

'It shouldn't hurt to be a child'
Wells Mahkee Jr., The Observer
Tuesday, September 01, 2009
Navajo Hopi Observer

Former victim promotes awareness of child sexual assault

PHOENIX, Ariz. - Most people probably don't believe in divine intervention, but in the case of Kaylynn May Bahe, it may have been what saved her.

In 2003, Bahe was walking from a friend's house in south Phoenix one night around midnight. For whatever reason, she paused to tie her shoelaces - which she usually just tucked into her shoes - adjusted her belt and tied her hair back. She was walking to her aunt's house nearby when an unknown male assailant attempted to rape her. Fortunately, she was able to fend off her attacker and seek help, crediting the minor adjustments she made to her clothing for saving her from a sexual assault.

Even before this attack, Bahe (Navajo/Hopi) had already been giving serious thought about raising awareness against child sexual assault (CSA). Having been sexually assaulted in her early teens by an uncle, she didn't know where to turn for help. Her own mother - a past victim of sexual abuse herself - wouldn't listen to her and evaded the issue. Reflecting on this, Bahe stated, "To me, it seemed like she didn't care."

Even Bahe's grandmother would say, "Don't talk about that. It's not nice to talk about that."

According to national statistics, it is estimated that at least two in 10 girls (and one in 10 boys) are sexually abused by the time they are 13-years-old. By the time they reach 18, one in four girls (and one in six boys) are sexually abused. Even more alarming is the fact that 30-40 percent of CSA victims are assaulted by family members.

Bahe partly attributes instances of CSA to influence from outside cultures, as well as cultural stigmas within both Navajo and Hopi culture. She stated, "[The perpetrators] are not right in their mind because they don't know who they are or who they want to be."

Regarding the victims, Bahe stated, "They're [too] afraid to tell anyone."

She recalls, "I tried to tell people, but they are so [closed minded] and afraid about, 'Oh, this is against the law.' People get so offended by it and don't talk about it."

Now at 25, Bahe has taken it upon herself to become an advocate and supporter for those who feel helpless and feel like they have nowhere to turn.

"I hated feeling miserable all the time," she said. "I wish I could have told someone or that someone would have listened to me."

Bahe explained that not having anyone to turn to made her feel like she was climbing a never-ending hill. For that reason, she vowed to be there for other sexual assault victims, stating defiantly, "I'm gonna take a bulldozer and flatten the whole [hill] out."

It wasn't until a female cousin came forward and told Bahe that she had been sexually assaulted by the same uncle who assaulted her that she found the strength to encourage her cousin to seek help.

"You have to stop him," Bahe told her cousin.

Bahe stated that this experience strengthened and enlightened her.

As a result, Bahe turned to the popular forum of MySpace to further promote awareness of CSA and to provide a means for CSA victims to seek help. On MySpace, Bahe makes herself available to CSA victims under the surname "Miss Turquoise." She attributes her use of this name to the fact that for over 3,000 years, turquoise has been used by many cultures as talismans of "good things," such as guidance, protection, friendship and security.

Since the launch of her MySpace page, she has been contacted anonymously by 25 sexual assault victims, including one who had been sexually assaulted at a family gathering by her own brother-in-law. The victim, who was older than Bahe, sought advice on what to do. Bahe recalled the moment and alluded to the fear and shame that many sexual assault victims feel.

"We all feel like a little kid," she said. "[But] it's okay to be scared because it's natural and we're only human."

Bahe feels that her work in advocating for CSA victims is only just beginning. One of her ultimate goals is to develop a listing of sexual offenders on Indian reservations.

"[That way,] we can be aware of who it is in our [neighborhoods] that we have so that we can be safe," Bahe said.

Another goal is to make more statistics specific to Native American populations available so that people would be more aware of how prevalent CSA is in Native communities. Yet another goal is to create flyers for distribution in area schools so that students know that they always have somewhere to turn.

Bahe acknowledged that the usual attitude of most people is to "sweep it under the rug" and ignore it, but that for her, coming out and telling people about what happened to her was a means of personal salvation. Although her mother wasn't helpful or supportive, Bahe said, "I just had to tell her ... it had to be said in order for me to get over it."

Bahe strongly encouraged CSA victims not to be afraid.

"It doesn't matter what culture you come from. [Child sexual assault] shouldn't be a taboo. It's your safety. If you love your family and you love your children, you should let people know who does this type of stuff. You've got to love yourself and learn how to forgive. Otherwise, you won't be able to move on and be as strong as you are," Bahe said.

"Once you tell somebody ... they are afraid of you because they know that you're not afraid to tell. Once someone knows that you won't tolerate it, they won't come near you anymore," she concluded.

Bahe would like to acknowledge supporters of this cause, including Max's Body Shop, located at 2742 E. Route 66 in Flagstaff.

If you or someone you know is a victim of CSA, contact "Miss Turquoise" at www.myspace.com/kaylynn_bahe for more resources and additional information on CSA, or call 1-888-SOS-CHILD.

Question about council reduction vote

2009-09-24T10:55:00.011-06:00

In December 2009, the Navajo registered voters will vote on whether or not the Navajo council should be reduced from 88 to 25. On one hand, those who support reducing the council say that reducing the council is a step towards reforming our government. In other words, reducing the council will make our government better. On the other hand, those supporting the status quo say that reducing the council does not necessarily make the government better. These two opposing arguments raise a critical question that should be answered before the Navajo people vote: If the ballot to reduce the Navajo council passes, how are we going to decrease the number from 88 to 25? Put another way, what method do we use to decrease the Navajo council? This is important because there are several ways to decrease the numbers. How the numbers are decreased will have an impact on whether our government is improved or not.

For example, one way to decrease the number of council delegates is to let President Shirley decide. If this should be the method of decreasing the size of the Navajo Council, then there will probably be little reform because President Shirley will probably allow only those council delegates that support him to remain. This probably would not improve the Navajo government operations, but it would still be one method of decreasing the council delegates.

Another method of decreasing the council delegates is to screen current council delegates by heigntening the standards to be a council delegate. For example, currently, there is no education requirement to be a council delegate. The only qualification to be a council delegate is tribal enrollment and 25 years of age. However, if this standard is increased to a bachelor's degree, then those with only a high school level education would be screened out. We can contemplate other requirements such as a Navajo culture and fluency requirement, a non-criminal background requirement, etc. This will probably improve our government because a more educated, traditional council with no criminal backgrounds will be better qualified to make critical decisions. For example, an educated council will be more informed when they make critical decisions such as whether the tribe should apply for a $500 million loan. Heigntening the standards to be a council delegate is a method of decreasing the council size just as valid as the first method mentioned. However, the second method will likely improve government operations more than the first method.

As these examples show, we need to know what method will be used to decrease the number of council delegates should that measure pass. We need to ask this question so that we vote as informed voters.

Read related entry - Braindrain on the Navajo reservation.

Fading Navajo culture

2009-09-24T10:05:00.009-06:00

Navajos are assimilating at a high rate such that Navajo ceremonies are becoming more extinct. Examples of extinct Navajo ceremonies are Nehosdzaanji (Earth way) and Nilooji (Hail way). Many of us don't even speak Dine anymore. If Navajos do nothing, then there will be no more culture in about three more generations. Navajo culture will be confused with pan-Indian culture like pow-wow and Native American Church. Even though the article below was written ten years ago, alot of the points made are still applicable today. I show the article for awareness. The program that the article is talking about is Navajo Traditional Apprenticeship Project with the The Navajo Nation Office of Dine Culture, Language, and Community Service.

Navajo Nation Hopes to Revive Traditional Medicine
Los Angeles Times
By ALISA BLACKWOOD, ASSOCIATED PRESS
July 11, 1999

PHOENIX — For years, the wind, water, earth and sacred traditions were all the Navajos believed they needed to prevent illness and heal themselves spiritually and physically.

That was before the development of Western medical technology, before the number of Navajo medicine men began to decline and before young Navajos began to discredit their own traditions.

Now, through a pilot project aimed at training young people in traditional Navajo healing methods, the Navajo Nation hopes to revive the health care system they say works best for them--and to save the ceremonies from extinction.

The Navajo Traditional Apprenticeship Program, implemented in December, chose seven applicants to train with traditional ceremonial practitioners--medicine men--and take on the closely guarded knowledge handed down only through family and clan members.

The survival of the medicine man is vital if Navajo language and culture are to survive, said Alfred Yazzie, a Navajo language instructor at Arizona State University.

"Medicine men are, for the most part, the people who hold all the teachings and spiritual aspects of the community," Yazzie said. "They still hold a lot of the history--undocumented history."

Learning the ceremonies is a difficult and lengthy process. Depending on the ceremonies learned, training can take up to 10 years. And because ceremonies are not taped or written down, they must be learned orally.

As an incentive, the program awards a monthly $300 stipend to apprentices and $350 to teaching practitioners. It may not seem like much, but time is running out.

Eddie Tso, the program's director, said six traditional ceremonies are almost extinct and will be the primary focus in the apprentice program. Not many Navajos with the knowledge remain, he said.

"If we don't do anything about it, and look back in 20 years there won't be any ceremonies left," Tso said.

There are about 34 traditional ceremonies left in all, he said, with only a handful of medicine men left to perform them and a growing Navajo population. The Navajo Nation sprawls across remote areas of Arizona, Utah and New Mexico.

"When there are less doctors, how are you going to maintain a balance of wellness?" Tso said. "The Navajo people still rely on these ceremonies today for their health care and their mental care as well."

Supporters of the program are hoping to boost the number of medicine men, despite an apparent lack of interest from Navajo youth that is blamed, at least in part, on the integration of Western ideas.

Yazzie said Navajo ceremonies were condemned in the past by Western educational and religious communities.

A lot of young people didn't see the need to follow in those footsteps [of Navajo ceremonies] because they were told they were no longer needed."

That has caused young Navajos to stray from the community's traditional healing methods, said state Sen. Jack Jackson, also a Navajo.

"[Western education] made us ashamed of our way of life," Jackson said. "Our ceremony was classified as superstitious, taboo. Therefore, our younger people sort of look down on these ceremonies."

The solution, Jackson says, is for the state to treat the Navajo health care system as equal to Western medical health care.

"What we have to do is give our traditional ceremonies a higher level of dignity--give these medicine men names equivalent to doctors," he said.

In 1980, the Tribal Council turned down a request to charter the medicine man's association, saying that Navajo ceremonies were a religion and that it wouldn't be proper to mix church and state, Jackson said.

Jackson argues that although the ceremonies are spiritual in nature, it is important to distinguish that they are part of the Navajos' actual health care system and not a religion.

"Spirituality is the teaching that you exist within the universe with Mother Earth and Father Sky," he explained. "Many of our older people live to be 100 years old and never went to a hospital. They live by the laws of the universe.

"The whole universe is sacred--wind, water, air, plants, animals and you, yourself . . . that's missing in Western education. And that's why we have all these corrections centers. The penitentiaries are full."

If the Navajo Nation continues to lose the knowledge and tradition only their medicine men possess, Yazzie said, there could be a serious cultural impact. "We now have the social ills that most media have written about, and my belief is that we have to grasp what tradition still means," he said. "If we lose that, there will be a higher degree of a feeling of hopelessness."

Navajo place names video

2009-09-23T13:28:00.005-06:00

Here's another Youtube video on Navajo place names. watch video

Navajo Stretching

2009-09-23T13:23:00.004-06:00

This is a cool video on Youtube about stretching.