Lieutenants vs. Cowboy
6 district ‘commanders’ say public safety director needs to be investigated

By Kathy Helms
Diné Bureau

WINDOW ROCK — Navajo Nation Police lieutenants from six districts are calling for an independent investigation into allegations of mismanagement by Public Safety Executive Director Samson Cowboy, who said Tuesday that the allegations are unfounded.

In an April 4 open letter to President Joe Shirley Jr., Vice President Ben Shelly and Navajo Nation Council delegates, the lieutenants alleged that Cowboy’s leadership is “causing discord and a hostile working environment.”

In a separate move, Cowboy confirmed that Chief of Police Jim Benally, who is largely responsible for putting lieutenants in charge of the police districts, was placed on administrative leave Tuesday. Cowboy said it is an internal matter and would not elaborate.

Capt. Ronnie Wauneka, who has a work-related grievance hearing coming up next week before the Navajo Labor Commission, is filling in as acting chief.

The lieutenants, as “Operations Commanders,” listed 11 issues they want investigated and demanded those be addressed immediately. Otherwise, they said, they would consider filing harassment charges or resigning. Cowboy said there is no such classification as “Operations Commanders.”

He went over the letter point-by-point with George Hardeen, spokesman for the Office of the President/Vice President, and responded to each allegation. He told Hardeen the lieutenants are attempting to raise issues outside the established plan of operation, seeking to establish a different, unapproved plan of operation, and are failing to comply with established protocol for airing grievances.

“There is no merit to these accusations to warrant initiating an official investigation,” Cowboy said. “These lieutenants are disseminating misleading information without establishing facts, and are calling for disciplinary action without substantiating wrongdoing on my part.”

In the letter, the lieutenants alleged that a triple homicide in Hogback in 2005 involved a department-issue shotgun belonging to a now-retired sergeant, and that the issue was not addressed or investigated.

Michael D. Johnson of Shiprock, a primary suspect in the brutal execution-style murders of Vicki Benally, Lars Yazzie, and Bobby Fulton, was captured in Mexico in December 2006. Johnson, as well as Eugina Renee Cowboy, Robert Darcy Manus, and Chuck Custer Nahkai were charged in the crime, according to an FBI/Albuquerque news release.

Director Cowboy said the case is going through the federal court system. “I cannot release any information. We don’t want to jeopardize the case. I guess the only thing I can say is it’s sad they’re trying to get to that low.”

The lieutenants also took issue with an upcoming public safety conference at Fort McDowell Casino, saying it is being funded “in excess of $97,000” from the Department of Corrections.

Herb Tsosie of the Division of Public Safety reported March 31 to the Public Safety Committee that conference costs amount to $109,000, but that about 80 percent will be recouped through contributions, conference and exhibit fees.

Cowboy said Tuesday that the conference is for “all our staff. They can be with their family, get away from work and enjoy themselves. They wanted it and we accommodated it.” All others will pay separately to attend.

The lieutenants cited lack of funding at the district level and said the conference should have been held locally.

The Independent spoke with several of the lieutenants early Tuesday, before they reportedly were instructed not to talk to the media. Their main complaints centered on budget issues, micromanagement, lack of officers, poor facilities and equipment.

Lt. Emerson Lee of Dilkon Police District said, “We’re in a run-down building, we have ceilings that expand and contract as the weather comes and goes. The building has been hit by lightning several times,” as well as a tornado in the 1980s.

Because they have no jail facility, prisoners generally are transported to Window Rock. “It’s 98 miles to the back door in Window Rock. If I pick you up in Leupp or Tolani Lake from Coconino County it’s 133 miles one way. That’s been going on 22 years.”

Lt. Clifton Smith of Tuba City said his district is told, “There’s no overtime, there’s no comp time, there’s no money whatsoever — and yet we have $14.9 million that was returned last year,” as referenced in a memo from Budget and Finance Chairman LoRenzo Bates.

Cowboy said there is no carry-over of funding, and the $14.9 million figure referred to in the letter is actually $19 million but is for all of public safety, including Emergency Management, Corrections, EMS, Highway Safety, Law Enforcement, Criminal Investigation, Internal Affairs, and Fire and Rescue.

“Unaddressed concerns and needs have led to a downward spiral of negativity,” said PSC member Hope MacDonald-Lonetree. “Officer morale is now at its lowest. We are losing good officers to other law enforcement agencies due to poor working conditions and leadership. The lack of evidence labs, autopsies, overtime and mileage contributes to this poor working environment. Furthermore, the lack of jail space is demoralizing in the course of their duties.”

Lt. Dempsey Harvey of Shiprock said his district has been trying to fill dispatcher and records clerk positions, as well as hire more officers. “On the civilian position, we’re told there is a hiring freeze, but there’s nothing in writing to say that there is. ... There’s no hiring freeze on officers, but we have to go make sure there’s money there before we do anything.”

During the March 31 PSC meeting when asked about the Nation’s unpaid $199,000 autopsy bill, Tsosie said the division has pinpointed nearly $900,000 in 638 money accumulated from unfilled staff positions. He said BIA has approved using 638 money to pay the bill.

Cowboy said Tuesday that about 99 percent of 638 funding is for personnel. “That is controlled from here. We monitor it and we pay our employees, who are all under 638.” He said the districts are responsible for general fund monies.