Allegations against Nez mount
Ex-tribal employee also made claims against supervisor

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — "It's about time somebody did something about getting that black snake out of that rotten apple."

That was Ophelia O'Dell's reaction when she read about the harassment case involving Evangeline Logg and William Nez, her former supervisor in the Navajo Nation's Child Support Enforcement Department.

"I know what (Logg) is saying is true, the same things happened to me," said O'Dell, who is no longer employed by the tribe. "William Nez sexually harassed me behind closed doors."

Efforts to reach Nez by telephone were unsuccessful.

Included among the documents filed in Logg's complaint against Nez is a June 18, 2003 letter from Nez on presidential letterhead in which he claims to be "protected by witchcraft."

O'Dell said Nez goes out of his way to boast that he is "protected."

"He said it all the time, that he has protection and no one can get to him," O'Dell said. "He would say 'You better be nice to me, or else'."

She said that Nez claims one of his relatives is a medicine man and performs special rituals to protect him.

However, some in the tribe want the case to disappear from public view not through black magic, but by using the Department of Justice. When the case continued Jan. 10, DOJ attorney Diandra Benally moved to exclude the media from future hearings on the case.

The Labor Commission continued the case until Feb. 28 while it considers Benally's request.

Logg's allegations against Nez claim that he threatened her, created a hostile work environment and demanded her resignation while violating the Navajo Preference Employee Act.

Included in her complaint are Division Director of Human Resources Lawrence Oliver and acting program manager Rose Nelson.

O'Dell said Nez has a history of harassing women in his department, and she wonders how he manages to hold on to his job. When she approached Oliver about Nez, she ended up being put on suspension, she said.

A third woman won her harassment case against Nez, reaching an undisclosed settlement with the tribe.

O'Dell said her situation with Nez reached its crescendo about a year and a half ago. That's when she got a restraining order against his repeated harassment, she said. After she received the restraining order, she was transferred from Fort Defiance to the department's Gallup office.

"He started coming to Gallup all the time, then," O'Dell said.

The following fiscal year, her position as an office specialist was eliminated from the budget, O'Dell said.

In documents filed with the labor commission, Logg said she was on medical leave for carpal tunnel syndrome and was still undergoing therapy, not yet having been cleared to return to work by her therapist. However, the documents claim, Nez who knew she was not yet cleared to return to work filed a personnel action form on June 7, 2004 ending Logg's family and medical leave. A June 8 PAF completed by Nez cites "resignation" due to Logg's "failure to return to work."

Logg's signature did not appear on either form, and she claimed that she was unaware of either action until after the fact.

In a June 11, 2004 letter to Logg, Nez "accepts" her resignation.

Logg and Nez have had a long history of conflict.

In a memo to Nez on Sept. 2, 2003 nearly a year before she was ousted from her job Logg addresses several concerns she had with him; including repeated sexually-tinged comments about her clothing and demands for her resignation.

"I don't feel safe around you and don't want to come to work anymore," Logg wrote. She said she felt Nez was capable of hurting her.

Both Logg and O'Dell brought their complaints to President Shirley.

"He told me I'd have to talk to his chief of staff (Patrick Sandoval). But Nez always said he and Sandoval were close friends," O'Dell said. "So what could I do? It was a no win situation for me."

Presidential spokesman George Hardeen said he knew nothing about the case and was not familiar with any of the people involved.

— John Christian Hopkins can be reached at 1-505-371-5443, or by email at Hopkins1960@hotmail.com.