'Deal' offered to Navajo election
heads
'No way... we're innocent'
Larry Di Giovanni
Staff Writer
WINDOW ROCK — The vice chair of the Navajo Board of Election
Supervisors calls a settlement deal offered by tribal prosecutors
a "divide and conquer" tactic. She would just as soon take
her chances before a jury of her Navajo peers.
LeNora Johnson who, until she was married Wednesday to welder Larry
Johnson, was LeNora Fulton said she was told of the deal this week
by board Chairwoman Eunice Begay. The deal, from the Navajo Nation
Attorney General's White Collar Crime office, would see criminal charges
of abuse of office and violation of duties dropped against the eight
supervisors. Demands for restitution would also be dropped.
The charges stem from supervisors' July 31 decision by vote to postpone
the Aug. 1 tribal election.
In exchange, supervisors would agree to hearings before the delegates'
Ethics and Rules Committee, where they would be grilled on their alleged
"wrongdoing" by council members. They would reportedly be
asked to admit fault, be kicked off the election board and not be
able to seek tribal elective office for a period of five years.
In their criminal complaint filed Jan. 31 in Window Rock District
Court, the Attorney General's Office of the Chief Prosecutor said
it is seeking from each of the eight supervisors a year behind bars
and payment of a $3,700 fine. They are also asked to repay the costs
of the aborted election $153,189.
Five supervisors including Johnson are scheduled for their initial
court appearance on March 5. Three more are scheduled to appear March
7, including Begay.
Johnson said to give in to the prosecutors' strong-arm offer now would
be to betray her sworn duty as an elected supervisor, which is to
represent the interests of Navajo voters to the fullest extent possible.
"We're innocent, you know, no way," she said. "I would
not give in to any offer. We did nothing wrong."
Begay was reached for comment later, on Friday morning. She said she
met with Kern about two weeks ago concerning the settlement, adding
that he asked her to pass the offer on to her fellow supervisors.
Like Johnson, Begay is dead-set against the offer. She emphasized
that their July 31 decision to postpone the Aug. 1 election was within
their bounds as elected officials
representing their constituents Navajo registered voters.
"It's like, the nerve of these people to make that offer,"
Begay said.
She agrees with Johnson that the settlement offer is a "divide
and conquer" tactic. Begay was served by a tribal police officer
Feb. 7 with a copy of the criminal complaint and notice to appear
in court.
On Jan. 26, Begay met with representatives from the office of Navajo
President Kelsey Begaye, requesting aid from the president's legal
counsel. Begay said Karen Bernally of the President's Office denied
any knowledge of the pending criminal charges.
On Thursday, Begay received from Bernally written notice that due
to the "nature of the allegations," the President's Office
"cannot assist us." Begay said she and her colleagues should
have been notified sooner of the forthcoming lack of legal counsel.
"That just really upsets me," she said.
Lack of impartial legal representation has dogged the election board
since the summer months, when legislative counsel Frank Seanez gave
them conflicting advice. He initially advised them to hold their ground
if they felt they had a legal basis to do so.
Jury requested
The prosecutors, should the trials proceed, will argue that the supervisors
knowingly and willfully violated tribal law, which mandates an Aug.
1 chapter-level general election on the first Tuesday in August every
fourth year. However, supervisors have said postponement was their
right, since changed circumstances caused by the Navajo Nation Council
did not give them enough time or the funds necessary for a proper
election.
"I want a jury trial," Johnson said. "You can even
quote me on that."
Prosecuting the eight supervisors would be John Kern of the White
Collar Crime office and lead Navajo Prosecutor Donovan
Brown.
"I am unable to comment on that," Kern said of the reported
settlement offer.
Settlement matters are confidential, but Kern did add that courts
"prefer settlements over judgments."
The strategy of the prosecutors, Johnson said, is apparently to find
the weakest link among the supervisors.
"I think they're looking at a 'divide and conquer' type of deal,"
she said. "The only thing I want (prosecutors) to do is drop
everything."
Johnson said the biggest problem for herself and her seven board peers
is being able to afford to hire attorneys. She said one attorney has
quoted her a price of $15,000 for her case alone. But Johnson added
that she is prepared to defend herself in court
if necessary. She is meeting with at least two other attorneys who
might take her case.
"The way I look at it, people need to vote for new delegates,
a whole new leadership in Window Rock," Johnson said. They won't
get that chance until the current delegates face re-election in late
2002.
Supervisors had advocated holding the election in October. On July
31, they postponed the Aug. 1 election and announced that it should
be merged with the Nov. 7 national election. The council took over
the process, stripping the board of its powers and pay,
and later held the election on Sept. 5.
Well-documented reasons
One of the supervisors' main arguments for postponing the election
which immediately followed the council's July 31 vote to hold it the
next day was that the absentee process had been shredded from the
required 30 days down to four. That was absolutely unfair to the Navajo
electorate, Fulton had argued.
Supervisors said delegates were trying to rush the election, despite
having not provided the funds to conduct it until mid July.
They also said the council should stay out of the decision, given
a serious conflict of interest issue. That issue saw the main item
on the ballot being a referendum asking voters if they wanted to reduce
the council from 88 to 24 delegates.
The criminal charges, proceeding through the office of Attorney General
Levon Henry, were initiated by an August memo from Chief Legislative
Counsel Steven Boos. Boos had responded to an inquiry from Birdsprings/Tolani
Lake Delegate Freddie Howard.
Under the urging of Council Speaker Ed. T. Begay, the hearing and
grievance functions of the election supervisors have been stripped
away by the delegates. That decision came earlier this month.
In addition to Johnson and Begay, the other six supervisors facing
initial court appearances March 5 and March 7 are Paul Redhouse and
and Roy H. Tso Sr. of Teec Nos Pos, Ariz., Jay DeGroat of Crownpoint,
Jackie Burbank and Juliette Largo of Chinle, and Harry D. Brown of
Tuba City.
By a 70 to 30 percent margin on Sept. 5, the Navajo electorate voted
to reduce the tribal council from 88 to 24 delegates. But their votes
"didn't count" because of Title 2 of the Navajo Nation Code,
which stipulates that 50 percent plus one of all tribal registered
voters must vote "yes" to amend the council's size.
Under that provision, it is unlikely that the electorate will ever
be able to amass the votes necessary for council reduction. There
were about 92,000 registered voters prior to Sept. 5. The turnout
on election day was about 30 percent.
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City hires BuckMonday as utility director
Tanya Brazil
Staff Writer
GALLUP — When city officials were looking for a new executive
director of Gallup Joint Utilities, their hopes were to find someone
as qualified as Robert "Buck" Monday.
They succeeded.
Monday, who served as the utilities director for the City of Gallup
from 1988 to 1996, said the he believes the city re-hired him because
he already knew the system so he did not have to train for the job.
Normally, he said, if the city hires someone for this position it
takes about a year before they become productive.
"I know the budget process, which we've already started,"
he said. "I know the whole Gallup city government."
The city will pay Monday $88,500 per year for his services. Monday
left Gallup five years ago to work as the utilities director for the
City of Las Cruces which at that time was attempting to take over
the electric system operated by El Paso Electric.
"It was unsuccessful," he said. "The lawyers won; we
didn't. We gave up the electric fight about a year ago."
But Monday said he did not return to Gallup because he was without
a job after Las Cruces was unable to obtain the electric company.
"I like Gallup," he said. "Strangely enough, I got
tired of the weather down there. I like the change in the seasons,
the winter. I like the mountains. I like the red rocks. Las Cruces
is a real pretty town but its not very pretty country. It's monochrome
desert type country."
Originally from Fence Lake, Monday said he also wanted to come back
to Gallup to be closer to his family.
He admits to being a distant cousin of City Manager David Ruiz but
said that because his family moved to this area of the country in
the 1880s and large families, he is related to half the Hispanics
in town.
Monday, who spent his childhood on a ranch, said his mother told him
the nickname "Buck" was given to him by one of the cowboys
who used to call him "little buck-a-roo."
Fifty-nine year old Monday is a licensed electrical engineer who has
been in the business for 30 years. He graduated from New Mexico State
University in Las Cruces in 1972.
As the executive director of utilities for less than a month, Monday
is still trying to familiarize himself with events that have occurred
with the department since he has been gone.
He said he is studying the situation involving TASCO, the company
that wanted to build an electric power plant in Gallup and now is
suing the city for an alleged breech of contract.
As far as whether Gallup should have its own electric power plant,
Monday said he did not know whether he would be in favor or against
the project, that it is a decision the city will have to make down
the road.
Electrically, he said, within two years the city needs to get an electric
contract in place that will allow it to keep low rates.
He also is monitoring the progress of the wastewater treatment plant
renovations an ongoing project that could continue for the next 30
years. The plant is under capacity as the result increased usage on
weekends and during big celebration weekends, he said, receiving a
lot more water than on a normal day.
When that happens, he said, the water either is stored into an equalization
basin or backs up in the lines until it can be released into the plant.
The plant is functional, he said, but its not hydraulically capable
of handling the excess water because the wastewater has to spend a
certain amount of time in each phase of the process.
The plant is under construction but things have been slightly delayed
due to muddy conditions.
The phase of the project they currently are working on is the aeration
basin which puts air into the wastewater to make it smell better.
Monday said he also would like to accomplish obtaining reliable water
sources for the long term, that the city still is exploring the possibility
of a Navajo-Gallup Pipeline as well as some other possibilities in
the area.
"It all comes down to a matter of money and what you can do and
what you have," he said. "Hopefully, the Navajo -Gallup
Pipeline will come to pass at some point in the not-to-distant future."
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Correction
The headline on the story "Litter patrol hits city up for $52,000"
in Friday's edition was incorrect. The group is asking the state,
not the city, for the money through the New Mexico Clean and Beautiful
Program.
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Home sweet home
Lady Bengals hoping to return home for regionals
Carrie Loretto
Sports Editor
GALLUP — This year, the Gallup Lady Bengals want to stay home
during the state playoffs, at least through the regional tournament
since Gallup is hosting it.
They took the first step to that end with a 71-60 District 1AAAAA
tournament victory over Cibola at Gallup High School Friday night
to clinch a berth for regionals.
Tonight, they'll return to Albuquerque to vie for the district championship
against Rio Rancho. Game time is set for 7 p.m. The winner will play
in Gallup next week for the Region D tournament, while the loser will
have to travel south.
"We don't want to go to Hobbs, it's not just winning the district
championship, we don't want to go to Hobbs, I'm sure they (Rio Rancho)
don't," Gallup coach John Lomasney said. "We played an awful
gutsy game there the last time, people are going to have to play smart
tomorrow. Can we do it? Yes, we can do it, but we're probably going
to have to play our best game of the year."
If the Lady Bengals can match last night's season-high offensive performance
with a comparable defensive effort that they had in last weekend's
regular season finale against the Lady Rams (a 35-28 loss), it could
add up to their best effort of the season
during which the Bengals have been plagued by not being able to put
together a complete ballgame.
In last Saturday's loss at Rio Rancho, Gallup went scoreless in the
third quarter.
They didn't have much trouble putting in their shots Friday night
against Cibola as Tanya Bailey scored a double-double to lead four
Bengal starters in double figures. Bailey scored 19 points and grabbed
11 rebounds. Roberta Tahe finished with 17 points, five assists, two
steals and blocked two shots, Sunny St. Clair tallied 13, including
9-of-10 free throw shooting, and Vanessa
Hubbard added 12 points and 2 blocked shots.
The balanced offensive effort helped Gallup outpoint a stubborn Cibola
team that slashed a 15-point deficit to five in the fourth quarter.
"We're capable of scoring those points, but the reason you do
that, they're forcing the issue and we got a lot of fastbreak
baskets," said Lomasney who prefers running a halfcourt offense
and holding teams to one shot with strong defensive
rebounding. "If they're not pressing you get that (scoring) down
and you're in a 38-29 ballgame."
The Bengals easily handled Cibola's full front court pressure for
most of the night, breaking away several times for open layups
as they controlled the game throughout. However, the Lady Cougars'
pressure did get them back in the game, producing five
turnovers which helped Cibola close within 52-47 three minutes into
the period.
A three-pointer by Melanie Dominguez was followed by a steal by Ruth
Phillips who assisted Shauna Snyder to make it a 48-38
contest. Still trailing by ten, Dominguez forced another Bengal turnover
later in the period and Snyder scored off an offensive
rebound on the Cougars' ensuing possession.
Cibola again forced another turnover, with Snyder knocking the ball
loose and coming up with the loose ball. She then drew a
foul on her way to the basket and sank both free throws for a 50-44
score with 5:28 left in the period.
Tahe was fouled bringing the ball upcourt and converted the one-and-one
opportunity, but Dominguez nailed another trey as
Cibola cut Gallup's lead to 52-47.
Hubbard and Tahe then came up with a pair of steals to key a 5-0 run
to put Gallup back up by 11 points and the Bengals made 17-of-21 free
throws in the game's last five minutes to maintain control.
"You gotta hand it to the girls, they hit the big ones when they
needed to, I'm awfully proud of them, it shows they're mentally tough
anyway," said Lomasney. "Now we gotta get physically tough
and catch every ball that's thrown to us and throw good
passes tomorrow (today) cause we play a very good team, a very hungry
team."
The Bengals shot 60.6 percent (20-of-33) from the field, most of them
high-percentage shots off layups coming off their press-breaker as
well as in their halfcourt offense. They shot sparingly from the outside,
but did get three three-pointers from Bailey,
including two in the third quarter. The first one followed a steal
by St. Clair and put Gallup up 36-25. Bailey's second pushed Gallup's
lead to 15 points for the first time.
Gallup also made 27-of-35 free throws, 17-of-22 in the fourth quarter.
Cibola made 16-of-23 free throws, but only made 19-of-54 field goal
attempts. The Cougars were led by Snyder with 22 points. Dominguez
added 14.
Athletes of the Week
The Athletes of the Week for Feb. 6-12 are Ganado Hornets Sterling
Cornfield and Almon Nelson.
Cornfield was named the 3A Arizona Most Outstanding Wrestler after
capturing the state championship in the 125 lbs. division.
His state title run topped off a 40-1 season.
"It feels pretty good," the senior wrestler said. "I
am very happy and excited and I just can't explain the feeling."
Cornfield captured the title in the 125 lb. division with an 11-4
decision over Holbrook's Jason Lague.
"He has had a great season right from the start," said Ganado
Jim Dowse coach. "He has been working at this since his last
season ended. He is a year round wrestler. He was runner-up last year
and there was no other goal for him this year but to be state champions.
I am really proud of his whole year."
Cornfield went to state as the first seed and wrestled a fourth-seed
from Snowflake and was able to pin the wrestler in the first period,
putting Cornfield one step closer to the finals. Cornfield was then
matched up in the quarterfinals with an athlete from San Miguel who
had a record of 44-4 overall. He was able to take control of the match
in the third period and won on an 11-2 decision.
In the semifinals, Cornfield met a Blue Ridge wrestler, who the coach
and Sterling knew from football and wrestling. Cornfield was able
to get some quick take downs on his opponent beat him 8-3.
Cornfield was also part of the Ganado football team that won the 3A
Enchantment Region title. He also competes in track.
Cornfield plans to go to college and major in Computer Programming
at an undecided college and possibly wrestling.
"Winning state was my biggest goal. I am just glad that things
went my way down at state," Cornfield concluded.
Cornfield's teammate, Almon Nelson finished his season as the state
runner-up in the 140 lb. division. The championship match was the
first match that Nelson had lost all year, finishing his season 38-1.
Nelson lost his match to R.C. LaHaye of Payson, 9-
2.
"I feel really good about Almon's season because he didn't lose
until the finals this year," said coach Dowse on Nelson. "He
is a
real aggressive wrestler. There is no holding back with him."
Nelson was named Most Outstanding Wrestler in four of the tournaments
he competed in this past season.
"His biggest benefit to the team was wrestling Sterling. There
was no one else on the team that could work Sterling very hard.
Without Almon, I don't think Sterling would have got quite the workout
he got." he said.
Nelson was not available on the day the Independent went to
interview him and take his photo.
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All Navajo officials could be subject
to rules of conduct
Jim Maniaci
Dine' Bureau
WINDOW ROCK — Should all tribal elected officials president,
vice president, school board, farm board, land board and grazing committees
follow the same rules of conduct as the Navajo Nation Council?
The council's Ethics-Rules Committee seemed to think so Friday when
it directed Ron Haven of the Office of Legislative Council to send
a proposed resolution through the review system to place all the other
elected officials under the council's standards. Currently only the
88 delegates are subject to those regulations which supplement the
Navajo Ethics in Government Law.
Once the legal and financial experts add their comments to the proposed
resolution, it will go back to the committee for possible amendment,
then on to the council.
Haven submitted three options to the committee, including having to
go to the council for each rule change or having chapters which obtain
their independence for local operation through a Local Governance
Act certification (only the Shonto Chapter is now LGA certified) ask
the committee to adopt rules for them to follow...
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Cultural Olympiad to feature Navajo
history
Staff Report
WINDOW ROCK — Navajo 2002 Project will offer the world a chance
to experience the power and beauty of the Navajo Nation through two
one-of-a-kind events being presented for the 2002 Olympic Games in
Salt Lake City, Utah.
"Discover Navajo: People of the Fourth World" is the Olympic-sanctioned,
interactive exhibition which transports visitors on an historic journey.
There, vistors may experience the history, culture and traditions
of the Navajo way of life as told in their own words by the Navajo
people. The exhibition invites guests to tour a traditional Navajo
homestead, complete with the oral
traditions.
A highlight of this experience is the Navajo Code Talkers exhibit
which describes the contributions to American history made by the
Code Talkers. Also high lighted will be a preview of the upcoming
Smithsonian Institution Traveling Exhibition Service feature on American
Indian Code Talkers...
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New gambling compact upcoming
SANTA FE (AP) — The Johnson administration says it is close
to agreement with Indian tribes on a new gambling compact, and legislative
leaders appointed a panel to review it.
"I'm optimistic we're going to pass Indian gaming compacts
this legislative session," Johnson said Friday.
A new compact, if approved by lawmakers, could end a longstanding,
bitter dispute over casino payments and settle the state's federal
lawsuit against a dozen tribes.
The tribes contend the 16 percent of slot machine proceeds they
are required to pay under a 1997 agreement is illegally high, and
they're seeking a lower rate...
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Window Rock school audit is 'cleanest'
Jim Maniaci
Dine' Bureau
WINDOW ROCK — Window Rock Unified School District Superintendent
J. Ronald Hennings called it "the cleanest audit I've seen as
a superintendent and I've seen lots of clean audits."
He was talking about the annual CPA's report on the district's $33
million operation for the year that ended June 30 and presented to
the governing board Monday night.
Hennings added, "It was all done before I came, so I can say
that without being self-serving. And it's the cleanest audit this
district's had in 20 years."
Normally the small books complied by Certified Public Accountants
(Heinfeld and Meech of Tucson and Phoenix, in this case) are pretty
dull stuff. But in the WRUSD case an audit showing no significant
findings was great news because, as Hennings told the board, the Arizona
Education Department was about to take over the district's operation
only a few years ago...
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Indian inmates sue for religious freedom
SANTA FE, N.M. (AP) — Nine American Indian inmates have sued
New Mexico officials, contending they are being denied religious
freedom and are being discriminated against on the basis of race.
The prisoners, who seek more than $400 million in punitive damages,
sued Florida-based Wackenhut Corrections Corp., Department of Corrections
Secretary Rob Perry and five other prison officials, including Jerry
Mondragon Jr., prison coordinator of Native American programs.
Wackenhut spokeswoman Margaret Pearson and Corrections Department
spokesman Gerges Scott had no comment because the lawsuit is pending.
It was filed this month in state district court here.
State and federal laws require prisons to let Indians practice their
religion. Inmates must provide proof of their heritage, but then
they must be allowed access to spiritual advisers and materials
used for religious ceremonies on a regular basis...
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Deaths
Alvin A. Garcia
GRANTS — Services for Alvin Garcia, 48, will be held at 10 a.m.,
Tuesday, Feb. 20 at the Saint Teresa De Avila Catholic
Church, Grants. Father Emeric Nordmeyer will officiate. Burial will
follow at Grants Memorial park.
Visitation will be at held from 3-6 p.m., Monday, Feb. 19 at Grants
Mortuary.
A rosary will be recited at 7 p.m., Monday, Feb. 19 at Saint Teresa
De Avila Catholic Church.
Garcia died Feb. 15 in Albuquerque. He was born Sept. 15, 1952 in
Grants.
Garcia was a lifelong resident of Grants. He was a member of the Saint
Teresa De Avila Catholic Church.
Survivors include his wife, Lupe E. Garcia of Grants; sons, Marc A.
Garcia of Albuquerque, and Paul Garcia, David Garcia and
Joshua Garcia all of Grants; father, Lee Garcia of Farmington; brothers,
Frank Aguilar, Leroy Garcia both of Grants, Andy
Garcia of Magdalena and Steve Garcia of Albuquerque; sisters, Peggy
Borthagaray of Grants and Carol Herrera of Pojaque and
one grandchildren.
Garcia was preceded in death by his mother, Mary Garcia.
Pallbearers will be Larry Chavez, Edward Bustos, John Archuleta, Patrick
Jaramillo, J.B. Carrila and Fidel Dueas.
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