With Y2K banking concerns present, a customer withdraws cash from an ATM in Gallup Wednesday night.

Photo by Caleb Kenna

 

Thursday
December 30
1999

( selected stories )

| Dec 29 | Dec 28 | Dec 27 | Dec 23 |
Dec 22

— Contents —

Local banks: Midnight chaos?

Navajo special needs children await homes


Tribe's top 10 events: No drama, but long-lived effects


Local banks: Midnight chaos?

Zarana Sanghani
Staff Writer

GALLUP — For two years, bankers have worked and then tested themselves to prepare for midnight Friday, the telling moment of triumph or chaos.

The oversight in computers known as the Y2K bug triggered area banks to bring in experts, test computers, replace noncompliant programs and, for the worst case scenario, create an emergency plan to beat the bug.

"We spent over $100,000 on upgrading computers and software," said Marshall Coker, chief administrator for Gallup Federal Savings. "We know that everything is compliant or that the vendors have certified Y2K compliance."

Coker said his company upgraded or replaced many items including computers and software necessary for banking business, surveillance cameras and air conditioning operators.

When computers were first programmed to maintain time, programmers saved space by using, for example, "99" instead of "1999." Now, when "99" goes to "00," noncompliant computers will interpret that to mean 1900, not 2000. However, most programs are time dependent.

At a bank, nonupgraded software would revert accounts to balances recorded in 1900, if such balances exist.

Mary Kontz, who was shopping at the Rio West Mall, said she worries more about the Y2K bug affecting basic services than her bank account.

"I don't worry about my bank account. My main concern is food and water," Kontz said. "I'm sure that once they get electricity up, the banks would be fine."

Despite assurances from tests and regulatory agencies that the Y2K bug has been eradicated from their software, bankers have also organized safety-net procedures.

Administrators at Gallup Federal Savings, First Credit Union and Western banks said they will print hard copies of all bank records before the New Year.

Gallup Federal Savings has identified two correspondent banks that can provide cash supplies or other assistance if problems arise, Coker said.

First Credit Union makes backups of all files every night, said Alma Henley-Orr, the regional manager.

Of course, employees will make sacrifices also. At Western Bank, the staff is not allowed to be on vacation in case anyone needs to be called in, said John Dowling, the bank's CEO and president.

Finally, before doors open Monday morning, the administrators said they will check computer records with hard copies.
Dennis Jone, who was also shopping at Rio West Mall, said he has his own security system: "I have most of my receipts and I know what I have (in the bank). I don't think nothing's going to happen."

The sentiment that Y2K will pass without event was echoed by the bank administrators.

"I don't believe there will be a problem," Coker said. "All the plans we've made is for a disaster and if there is a disaster, we're ready."

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Navajo special needs children await homes

Nancy Watson
Staff Writer

WINDOW ROCK — Twenty Navajo children are waiting for Navajo families to adopt them.

Social workers for the Indian Child Welfare Act Program said that although there are 38 families prepared to adopt, the children available for adoption are too old. The families are looking for "little babies."

Most of the children referred to ICWA range in age from 6 to 16. They have been taken from their homes due to neglect and abuse and they have a variety of problems or situations that make them hard to place.

The 20 children needing homes right now have special needs, said Dolores Greyeyes, director of ICWA.

Some are victims of Fetal Alcohol Syndrome and others have behavior problems that are the result of abuse. Some have siblings and need to be placed in a home together. Greyeyes said these children have been waiting a long time for a foster home.

Just determining if a child is eligible for services is a process that takes at least three months, she said.

Preserving culture

The Indian Child Welfare Act of 1978 was passed by Congress to protect Indian children and help Indian nations preserve their culture. It requires that state agencies contact a child's tribe if a child has become a dependent of the state.

The ICWA office received 2,000 referrals from across the country last year. Of those, only one third of the children were able to receive assistance from the Navajo Nation because the ICWA office was not able to verify the child's enrollment.

"The child had been picked up by the authorities who were told the child was a Navajo," Greyeyes said. But little or no other information was available.

The information needed includes the names, birth dates, and place of birth of the child's parents. Often, some or all of that information is not available.

Parents may not be willing to give it because they are afraid, angry or do not want their families on the reservation to know they may be losing custody of their child. The ICWA office works closely with the census office to determine if the child, or the child's parents, are enrolled members of the tribe or the child has one quarter blood quantum.

The census office is only 40 percent automated and the workers often have to manually go through the files to find the information. If the census office verifies that the child is Navajo, a social worker is assigned to the child.

ICWA has more than 511 active cases. The staff of 14 social workers and six support staff is spread over the Navajo Nation.

Reunions are important

Social workers intervene with state social workers, attorneys and courts. At the same time, they try to locate the child's extended family.

"Sometimes, I'm on the phone all day and working on six cases at the same time," said Kathryn Watchman of the Gallup ICWA office.

An effort to place the child with a relative and as close to his or her parents as possible is the groups' first priority. Reuniting the family is very important. That is very difficult if the family is spread across the country.

If it is not possible, finding Navajo foster care is the next step. If there are no Navajo foster homes available, the child may be placed with another Native American family. The very last resort is a non-Native American home.

It is the last resort because it is essential that the child receives culturally appropriate services. It is the law, Greyeyes said.
Prior to ICWA, children were frequently placed in non-Native American foster and adoptive homes.

Also, in the past, Native American parents were pressured to give up their children to non-Native Americans thinking they would receive a "better life."

Children were taken to boarding schools and some were taken by church groups. The Church of Latter Day Saints, Jewish Family Services and the Bureau of Indian Affairs are some of the groups which took Native American children from the families for a better life off the reservation.

Adoption horror stories

The staff of ICWA told horror stories of children being taken by non-Native Americans while their Native American parents "signed adoption papers with a thumb print."

Many of the children who were given up for adoption are the ones who are now giving up their children, Greyeyes said. This happens because they were never taught parenting skills.

"For some, it is a stereotypical belief that placing their child with a family member on the reservation is not putting the child in a stable environment. They want a middle class life for their child. They aren't thinking of the cultural impact," she said.

ICWA receives calls from adults who were adopted years ago and are seeking their identities and their homes. They want to enroll in the tribe and they are looking for records.

"We are unable to help them. We just refer them to attorneys," Greyeyes said.

"The Navajo language and culture are learned developmentally," said Betty Bitsuie of the Farmington ICWA field office. "How can you teach that after someone is grown? How can you teach someone social responsibility? It is learned through culture while you are growing."

Dedicated workers

ICWA spells out the duties and responsibilities of the social workers, the tribe, state agencies and courts. The women who work for ICWA are dedicated to their jobs and do far more than is required.

"We are advocates for our children," said Selena B. Curley of the Kayenta office.

They often work very late at night and on weekends. They do everything from intervening with state agencies and courts to conducting home visits, while trying to reunite the families. Each case involves a great deal of paperwork, and tribal and BIA red tape.

Since the office cannot afford its own attorney, social workers have to be very creative to get their work done. They have become legal experts in their field and often testify in court on behalf of an Indian child.

Some of the social workers, attorneys and courts they have to deal with do understand that they may have to travel two hours on the reservation to get to an extended family member.

They do not understand the importance of the law and of Navajo children being placed in Navajo homes. The social workers sometimes face a prejudice that is subtle but present.

The number of adoptive families needed at the moment is 20, but the number of children and families needing services is increasing.

"It is increasing due to drug abuse, homelessness and domestic violence," Greyeyes said.

Where to call


Navajo families interested in adopting Navajo children or providing foster care are strongly encouraged to contact the ICWAP at the following numbers: Window Rock, (520) 871-6832; Gallup, (505) 863-8847; Farmington, (505) 324-0111; Kayenta, Ariz., (520) 697-5562 or Tuba City, Ariz., (520) 283-3052.

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Tribe's top 10 events: No drama, but long-lived effects

Bill Donovan
Diné Bureau

WINDOW ROCK — This year will probably go down in the history of the Navajo Nation as the period when stability came back to tribal government.

After 1998, when the tribe had a record three leaders in office at various times, the transition to the Kelsey Begaye administration was viewed as a welcome relief by many tribal members.

While not as dramatic as 1998, the past year saw a number of major events that will have a profound effect on the Navajo people for years and perhaps decades to come.

Here then is the Gallup Independent list of the top 10 stories of the year.

10. Y2K causes concern.

The Navajos, like almost everyone in this country, got wrapped up in the talk about Y2K and the possibility of a massive shutdown of services because of computers closing down, thinking it was 1900 and not 2000.

Navajo tribal officials have been spending the past couple of months urging reservation residents not to panic. They also point out that many Navajos living in the more remote parts of the reservation won't be affected because they don't have electricity or computers.

Whether they were right or not will be known Saturday. Navajo tribal members can hope, however, that the year 2000 will mark the end of Y2K talk.

9. Navajo firefighters walk out.

As the year ended, a number of firefighters for the Navajo Nation both paid and volunteer walked out because of a controversy surrounding Dicky Bain, the tribe's fire chief for the past two decades.

Although Bain was demoted to captain, as many as 30 or 40 firefighters walked out, saying they would not work for the department as long as Bain had anything to do with it.

As the year ended, firefighters were going back to work, although three paid firefighters were fired. Bain is still around, but firefighters say they are still not happy.

8. Tommy Lewis resigns as head of Diné College.

It used to be a regular event: The president of Navajo Community College, as Diné College was known in the past, would come under attack and then be replaced for one reason usually political or another.

But it was a surprise when Navajo chapters around Tsaile began demanding the firing of Lewis and members of the college's board of regents. They complained that a planned reorganization of the school would mean laying off many employees.

Even though college officials were quick to point out that talk of layoffs was premature, the damage was done and Lewis had to spend several weeks trying to explain to tribal members that the college was only reacting to pressure from the Navajo Nation Council to reduce unnecessary overhead.

Finally, Lewis told the board he had had enough.

But over the next year, the next president of the college whoever he or she may be will have to tackle many of the same problems that got Lewis in trouble.

7. Mark Maryboy steps down as chairman of the council's powerful Budget and Finance Committee.

Maryboy, one of the most respected tribal council delegates, also said he had had enough in 1999 and resigned from the budget committee in a dispute with other members over how they were spending tribal funds.

A fiscal conservative, Maryboy preached the gospel of a healthy tribal surplus. When that surplus dipped to minus $4 million because of council spending and Maryboy couldn't get support from other committee members to stop spending, he resigned.
He came back a short time later, but he wasn't happy. Neither were the other members of the committee. Finally, the committee voted to choose another chairman and Maryboy eventually changed places with a fellow council delegate on the Transportation and Community Development Committee.

So far, Maryboy's resignation as budget chairman hasn't had any effect on the tribal budget. But as the committee and the council begin work early next year on the FY2001 tribal budget, tribal members will be watching to see whether anyone steps up to the plate to argue in behalf of fiscal responsibility.

6. Navajo Nation files its own lawsuit against major tobacco companies.

A year after the states settled a multibillion dollar lawsuit against the major tobacco companies, the Navajos, along with a number of other Indian tribes across the country, filed their own lawsuits.

But the Navajos opted to go up against the tobacco companies alone, rejecting an offer from a law firm representing other tribes to join them.

It's still uncertain whether any of the tribal lawsuits will go anywhere, but the Navajo Nation is going into the suit with little to lose. The attorneys it hired are not billing the tribe they will be paid by the tobacco companies if their lawsuit is successful.

5. Kelsey Begaye takes over as head of the nation's largest Indian nation.

His election couldn't be called a mandate by the Navajo voters. And some said he was elected in a year when there was no dynamic candidate running for president.

But no matter how he won, Begaye has not gotten mired in disputes with the council, as his predecessors did. Furthermore, the three-branch government established in 1990 seems to be working.

Begaye, however, remains a mystery to numerous tribal members, many of whom still say they are looking for a charismatic leader like Peterson Zah or Peter MacDonald.

Is he another Zah or MacDonald? The jury is out on that one, although Begaye has been given good marks for being accessible and noncontroversial. But many Navajos say they question whether Begaye is leading or following the advice of his aides too much.

4. The school board brings controversy.

Young Jeff Tom, the council delegate from Mariano Lake and Smith Lake, spent much of the middle part of 1999 trying to dodge questions about his pay as a school board member in his community.

An investigation by the Gallup Independent revealed he was getting more than $250 a meeting on occasion as well as other perks as a school board member of a contract school.

When the practice was also questioned by members of the U.S. Congress, the tribe's Education Committee stepped in, setting limits on how much contract school board members could be paid per meeting.

As the year ended, some school boards have asked that these limits be studied a little longer. They believe these maximums are too low.

3. Navajo Nation files lawsuit against Peabody Coal Co., charging fraud.

The lawsuit filed by the tribe against Peabody Coal Co. was kept sealed for several months, but when it was unsealed, it created major headlines.

The tribe was suing Peabody, claiming that representatives of the company conspired with officials of the U.S. Interior Department more than 20 years ago to keep information from tribal leaders.

This information dealt with an Interior Department study that said the tribe's coal reserves were worth more than the 12.5 percent royalty rate the federal government was getting for coal mining on federal lands. Because this study was kept under wraps, the lawsuit said, the tribe accepted the 12.5 percent.

Over the years, the tribe has lost more than $600 million. With punitive damages being triple the actual damages, the tribal suit could be worth $1.8 billion.

A couple of hearings have already been held on the matter in U.S. District Court in Washington, D.C. More are expected in 2000.

2. Begaye talks of a monetary shortfall and impending tribal employee layoffs.

Talk about a layoff of workers got a lot of attention from tribal employees and the media.

The story began in January, when Begaye said projections indicated the tribe was looking at a $20 million shortfall for its FY2000 budget. This would mean that hundreds of tribal employees would have to be laid off.

By April, the shortfall had decreased to the $12 million range, and the number of tribal employees facing layoffs was less than 100. As the summer progressed, tribal officials continued to chip away at the shortfall. By August, a month before final budget deliberations, the Begaye administration had managed to find jobs for affected employees. With some wrangling (goodbye capital improvement funds), the tribe managed to arrive at a balanced budget, and no layoffs were needed.

1. Can a fuel tax be established? Will the Romero Brown controversy stop banks from lending money on the reservation?

There's a tie here for first place. On the one hand is an act that will generate millions of dollars in new revenue for the tribe annually. On the other is a dispute that may, if you believe attorneys representing a Phoenix bank, make it even more difficult for Navajos to borrow money to develop businesses on the reservation.

The new gasoline tax approved by the tribe and now in effect may generate as much as $10 million a year. It also paves the way for the tribe next year to discuss two other taxes being proposed by the Begaye administration the gross receipts tax and the income tax.

Both of the proposed taxes already have some opposition, but Begaye continues to say they are needed and justified. Both taxes have been proposed for years, but now the question is whether Begaye can get enough support to get either enacted.
The controversy surrounding Brown centers around the Navajoland Days Inn he built in St. Michaels in 1998, using more than $2 million borrowed from a Phoenix bank.

When it came time last March to start paying the bank back, Brown balked, saying the bank allowed the contractor to build a hotel with numerous structural problems that would cost millions to repair.

As the year ended, the dispute was in tribal court over the question of who had jurisdiction state court, because a provision in Brown's contract with the bank allows the bank to have any legal dispute heard in state court, or the tribal courts, which Brown says have inherent jurisdiction over such matters.

Attorneys for the bank say a decision against them will make other off-reservation banks think twice about loaning money to a Navajo planning to build on the reservation. Brown's attorneys say this is a scare tactic. Future lenders will simply have to get a better-worded provision to protect their interest, they say.

The Window Rock District Court is expected to make a decision on the matter any day.

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Tribes get grants to attack youth crime

Stan Bindell
Special to the Independent

KYKOTSMOVI, Ariz. — Hopi tribal court officials were ecstatic last week when the U.S. Department of Justice approved giving them a $409,737 grant to help cut down on youth crime.

Thirty-four tribes throughout the U.S. were awarded $8 million of these youth crime-fighting grants, but Hopi was one of only eight tribes to receive at least $400,000. The grants included four tribes in Arizona and three in New Mexico.

The other tribes receiving grants in Arizona were Navajo ($473,830), Hualapai ($100,000) and Ak-Chin ($99,745). Three tribes in New Mexico received $250,000 each Acoma Pueblo, Jemez Pueblo and Taos Pueblo...


Milan to get drug dog

Tom Purdom
Staff Writer

MILAN — The Village of Milan got a whale of deal Wednesday when the board of trustees signed a two-year contract for a drug-sniffing dog.

The dog used to be part of the Cibola County Sheriff's Department. However, the deputy handling the dog left the department, so the sheriff began looking for another department to take the animal.

"We were approached by the sheriff about a month ago saying he lost the man for his canine unit and he wanted to know if we'd be interested," Village Manager Joe Murrietta told the trustees at Wednesday's special meeting...

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