Panel grills Nageezi officials
Chapter leaders given 10 days to turn over requested documents

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — Nageezi Chapter officials have 10 working days to turn over all the documents requested by the Ethics and Rules Committee or face the music.

"As elected officials you have a responsibility to your community," Chairman Lorenzo C. Bates said. "If you don't turn over the documents, I can assure you that you will face the consequences."

A show cause hearing was held Wednesday to allow chapter officials to explain their failure to comply with four previous subpoenas. Those subpoenaed included Chapter President Calvert Garcia, Vice President Rory Jacques, community services coordinator Samuel Henry and office specialist Cecilia Murphy.

"The committee sent a strong message that even elected officials must comply with ethics," said Executive Director Virgil Brown.

On Jan. 17 Ron Largo, investigator for Ethics and Rules, served subpoenas on Nageezi officials. Chapter officials were instructed to turn over 16 requested records to the ethics office by Jan. 23. They failed to do so.

Largo testified Tuesday that he made every effort to let the officials know that ethics needed those records.

While Smith and Murphy took responsibility for their failure to comply, Jacques took a defensive stand. He said he was not served a subpoena in person and questioned Largo about that.

"Did you ask where I work?" Jacques asked. "Did it ever occur to you that there was a better way to serve a subpoena other than to put it in my box?"

Largo said that he usually fills in the information himself on the slip stating when the subpoena was delivered, and it does not require the person's signature.

"Did you even advise me that I could ask for an extension?" Jacques asked.

It is not his job to offer advice to officials being served, Largo responded.

Brown said the general practice is that people who have been served will contact the office themselves to ask about their rights or request extensions.

Henry said he told Largo that the vice president was attending school at San Juan College on Jan. 17. He said he and Murphy signed off on the subpoenas. Garcia was also not available in person.

She put Jacques' subpoena in his mailbox, Murphy testified.

Jacques called in to the chapter office shortly after and was told he had been served, Henry said.

"What was his response?" Brown asked.

"He said 'Maybe we'll take care of it', or something like that," Henry said. He and Murphy said there was a lack of communication between them and Jacques.

"Not just this, but other projects as well. The vice president didn't ask for information," Henry said. "There was no planning, a lack of communication."

As a chapter official, he takes his responsibilities seriously, Jacques said. He insisted that he did not know what documents were subpoenaed.

Henry and Murphy said that Jacques retrieved his subpoena Feb. 1 when he came to the chapter for a planning meeting. Jacques admitted picking up the subpoena then, noting that by then the deadline for turning over the documents had lapsed. Though, Jacques said, he hadn't realized there was a deadline.

"How could you not? A subpoena is self-explanatory. I believe Mr. Jacques understood it," Henry said. "I read my subpoena and pretty much understood there was a deadline."

Bates asked Henry why he had not complied to the request for documents. "You're on record saying you just didn't do it. Did you ever ask (ethics office) for an extension?"

"I should have," Henry admitted.

There was some difficulty in gathering all the documents, and two are still outstanding, Murphy said.

"Do I ever try to get involved in chapter administration?" Jacques asked Murphy.

As an elected official he's responsible to the community 24/7, she replied.

Ethics committee Vice Chairman Curran Hannon took exception to that, saying it was impossible for anyone to be on call 24/7. "You had his phone number, why wasn't the vice president afforded a call?"

Murphy said Jacques left a number, but she wasn't sure who he left it with.

"To me, it's appropriate that you as the office specialist make all efforts to contact the vice president," said committee member Harry Williams Sr.

While Henry and Murphy admitted their errors, the vice president has pointed fingers and claimed it was all somebody else's fault, Brown said in his closing arguments. Jacques made no effort to contact the ethics office, nor maintained contact with the Nageezi administration to make sure they complied, Brown said.

"Mr. Brown talks about an ideal climate we all know things aren't ideal," Jacques said in his summation. "I do take responsibility. I made efforts after Feb. 1 to contact ethics and rules. I was never fully informed. I am not making excuses, but in my chapter there are certain officials who are being left out. I don't know if it's on purpose.

"The record shows that I am not guilty of ignoring this important subpoena."

"Mr. Jacques seems to be saying one thing, then another," Brown said. "You have three individuals saying one thing and one saying something else."

As an elected official, Jacques took an oath to uphold all the laws of the Navajo Nation, committee member Francis Redhouse said. But, Redhouse noted, his actions seem at odds with his sworn oath.

Among the records being sought are copies of original cancelled checks issued by the chapter to contractor Michael Brown, any invoices submitted by Brown and a copy of the contractual services agreement between the contractor and the chapter. Ethics also wants information on two other contractors who bid on the project, names of community members who asked for the dam repairs and copies of advertising for the project.

Other records requested include banking statements for a Wells Fargo account, minutes from planning, special and regular meetings including sign-in sheets, agendas and chapter resolutions and inspection reports for all 13 earth dam repairs.

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