Hounshell defends rez work

By Kathy Helms
Diné Bureau

ST. JOHNS, Ariz. — Threats. Intimidation. Misfeasance. Malfeasance. Racism.

Those were a few of the words tossed about like the proverbial hot potatoes at this week's meeting of the Apache County Board of Supervisors.

Representatives Bill Hardy and Ken Sundloft of the Arizona Counties Insurance Pool (ACIP) presented their report on why the ACIP Board of Directors was recommending Apache County rescind a mutual aid agreement with the Navajo Nation.

One reason centered on which entity pays in the event of an accident inside the northern two-thirds of Apache County located within the borders of the Navajo Nation. The second reason questioned the scope of work outlined in the Memorandum of Agreement (MOA) between the Navajo Nation and the Apache County Sheriff's Office.

ACIP representatives referred to an as-yet-incomplete investigation of the Apache County Sheriff's Office, alleging the sheriff has been responding to extreme-risk SWAT operations in the New Mexico portion of the Navajo Nation outside Apache County jurisdiction.

ACIP representatives also said the sheriff has been operating outside the scope of the MOA by providing non-emergency services in the northern end of the county located within the Nation.

Next, it was Hounshell's turn to levy allegations.

"The ACIP board minutes state in their second resolution that they ordered an investigation, or had one started that's partially complete. The only investigation I am aware of was conducted by Jim Humphreys, who I have yet to meet a private investigator employed by ACIP.

"It was supposed to be an 'overtime review,' and I checked that with Mr. (Delwin) Wengert on two different occasions to make sure that this investigation was to discuss overtime,"the sheriff said.

Cooperate or...
"My deputies were misled and told that if they did not cooperate they could be terminated. Yet my deputies were advised that it was a 'misfeasance in office' investigation, as well as an overtime review," Hounshell said.

He said he found it "suspicious" that the majority of the employees interviewed were from the northern portion of the county.

"My deputies were instructed not to talk to me. They were asked questions like: 'Do you speak Navajo? How many Navajos work up there? Are you a Navajo? Why do you live on the reservation? Why are you doing presentations in Indian schools?" The schools in question are, in fact, public schools as well as tribal, Hounshell said.

The Sheriff brought up other issues raised by the ACIP investigator that Hounshell found particularly objectionable, such as: "Why did you provide dignitary protection at the Window Rock Fair?"

"Maybe because it is the largest public event in Apache County and possibly northeastern Arizona, with a total attendance of over 150,000 to 200,000 people with approximately 12 agencies assisting NPD, and it happens in Apache County," he said.

Another question posed to deputies, the sheriff said, was "Why are you assisting in funeral escorts?'

"One of my deputies answered, 'because they asked us to.' The next question: 'Was the deceased a Navajo?' What does that have to do with traffic control and traffic safety the race of an individual that has passed away?" Hounshell asked.

Political pressure?
Tuesday's decision not to rescind the MOA might have had a different outcome had District II Supervisor David Brown reportedly not been recuperating from heart complications.

In most matters that have come before the Board of Supervisors lately regarding Hounshell and the Sheriff's Office, Brown and District I Supervisor Tom White usually are on the same side of the fence when the vote is counted.

Because Brown was not at Tuesday's meeting, the usual 2-1 vote instead came out 2-0 not to rescind the current MOA while it is undergoing review.

District I Supervisor Jim Claw indicated that his voting record apparently has not been popularly received.

"People have been telling me, 'Why are you holding out? Why are you holding out?' ... Because nobody tried to solve the problem. All we were doing was trying to take punitive actions against individuals," Claw said.

"What happened to communication? Even the word 'malfeasance' was dropped in my presence, and I know that was with the intent to intimidate me and to threaten me, and I don't appreciate that. And if there is such a thing that's going on, I think it's our attorney's responsibility to keep us informed as to what is happening. That has not happened," Claw said.

"I don't want to rescind anything that's in place without something to put in it's place. ... If we rescind the mutual aid agreement, there's no assurance that there will be another agreement in place. And I don't think any one of us can provide that assurance. That's been a problem," he said.

"My concerns ... are in the minutes. I have said before, I really didn't agree with the way it (MOA) was being handled. I'm afraid, with all due respect to the individuals involved, this was mishandled from the very beginning.

"Nobody got together," Claw said. "In fact, we were pulling surprises on one another all along. Coming from a social work background, that's not the way you solve problems. You sit down and develop plans and get them to communicate. That never happened! There was no communication. Nothing."

Hounshell said that when the ACIP became concerned about the high risk associated with Apache County law enforcement engaging in services on the Navajo Nation, he was not contacted by county government.

"I was contacted by the media and advised of the situation. ACIP directed their staff to look into these matters regarding the Mutual Aid Agreement between Apache County and the Navajo Nation. ACIP's conclusions are a rush to judgment and a lack of understanding of the needs of the people and the services we provide."

Hounshell responded to ACIP allegations regarding SWAT operations in McKinley County. "My deputies assisted McKinley County Sheriff's deputies at the request of their Sheriff and Undersheriff. That's how we ended up there.

"That was a service of a New Mexico warrant for a suspected drug dealer and/or manufacturer and an Apache County Superior County felony warrant. Two arrests were made, drugs and cash were seized by the McKinley County Sheriff's deputies.

"My deputies assisted due to the shortage of manpower by the local agency, and the fact that an Apache County fugitive from justice was also residing at that residence. This warrant service was conducted on private property in McKinley County, the state of New Mexico, and had no involvement at all with Navajo Nation Law Enforcement," Hounshell said.

ACIP also took issue with Apache County leading investigations in Coconino and Navajo counties. Hounshell said Apache County was assisting an undercover operation involving liquor stores that were in violation of state bootlegging statutes.

"This operation was conducted by state liquor control agents in Navajo, Coconino, and Apache counties. They asked me to use some of my deputies as undercover operatives in order to effect the sting operation. Again these activities were conducted off reservation and have nothing to do with the mutual aid agreement between Apache County and the Navajo Nation,"Hounshell said. "Apache County Sheriff's Office employees only assisted at the request of Arizona Liquor Enforcement as well as an officer or two from Navajo Department of Public Safety."