As each year comes to a close, people usually reflect on their accomplishments and set new resolutions for the coming year. So, as 2009 comes to an end, we should reflect on what we were able to accomplish as a tribe – as a people, but unfortunately, we can only reflect on how our rights have been violated and how our government has been abused by those who illegally took control of the tribal council.
The Hopi and Tewa people went to the polls last month with a renewed hope that things will change, but sadly, not very many people voted because they still fear their votes will be thrown out again like what happened in 2007. And sadly, our political situation has not changed. The turmoil continues. As the saying goes, “the more things change, the more they remain the same.”
It has been a year since I left office. I resigned as tribal chairman because I believed it was the only rightful thing to do to stop the political turmoil and to begin the healing process. But that was not to be. Almost immediately after I announced my resignation, the council, without my knowledge and presence, passed Resolution No. 007-2009. We refer to this as the “Coup Resolution” because that is exactly what it is. This resolution was their attempt to “legitimize” their actions to illegally take control of our government. This resolution was signed by then Vice Chairman Todd Honyaoma. We suspect it was written by tribal attorney Scott Canty.
Before I left office I issued my final Executive Order, No. 02-2008 by which I ordered that all actions of the tribal council at meetings held illegally to be declared invalid, including Resolution No. 007-2009. I also ordered that any duties and responsibilities assigned to Mary Felter, outside of her job as council secretary, are to be suspended. I ordered that a special election must be held in 90 days to fill the vacant offices of tribal chairman and vice chairman; and that the Hopi Appellate Court justices who were illegally removed must be reinstated. I also demanded that the Department of Interior intervene on behalf of our tribe and reverse the Record of Decision on the Life of Mine permit issued to the Peabody Coal Company. I appointed Arnold Taylor to serve as chief administrative officer in the interim to ensure programs continue to operate until such time as a new chairman and vice chairman are elected. The illegal council completely ignored and defied the Executive Order.
Our constitution says the tribal council “shall consist of a tribal chairman, vice chairman and representatives of various villages” so on Jan. 1, 2009, there was no legitimate tribal council because there was no tribal chairman and no vice chairman. But by passing Resolution No. 007-2009, the illegal council appointed a “presiding officer” to preside over their meetings.
In other words, the illegal council changed our constitution by resolution without our approval as tribal members. They deliberately violated the constitution. A tribal constitution can only be changed through a referendum where adult members of the tribe vote on the proposed changes. This did not happen. Instead, the illegal council relied on an old council resolution, No. H-26-96, which was passed to allow tribal programs to operate while Chairman Sekaquaptewa was on medical leave and would be “absent” from office. He did not “vacate” his office. There is a big difference.
Our constitution also requires that “vacancies occurring in the offices of the tribal chairman and vice chairman for any reason shall be filled for the rest of the term in the same manner as those officers are ordinarily chosen.” This means there must be a special election because the offices of the chairman and vice chairman were “vacant.” Todd Honyaoma and I were not “absent” from office. We “vacated” our offices. But the illegal council again robbed us of our constitutional right to vote to elect a chairman and vice chairman of our choice. Phillip Quochytewa then illegally served as presiding officer from Jan. 1, 2009 to Nov. 31, 2009. So all the actions of this illegal council are illegal and invalid, especially all actions since Jan. 1, 2009.
So what is the solution for the New Year? As we all do when a year comes to a close, we set new resolutions for the coming year. It is also the time of our ceremonial calendar, Sooya’lung muya, where we renew our lives. So in the spirit of Sooya’lung’wu, let us all renew our lives and commit to a new year by passing a new resolution that would rescind Resolution No. 007-2009 to throw out all actions of the illegal council and start all over.
It serves no purpose to be selective on which resolutions were good and which were not good. They are all illegal. Start a new legislative process and develop new and meaningful action items that will benefit our tribe. But in doing so, allow the Hopi and Tewa people to participate in this process. It is our right. Let us have a transparent and accountable tribal government. And let us abide by our constitution by only having those representatives that are elected by the people to serve on the council and do away with appointed representatives. The constitution does not provide for appointed representatives. And finally, let us move forward and change the tribal constitution. This change is long overdue.
With that, I bid you a Merry Christmas and a Happy New Year. Kwak’wha.
– Benjamin H. Nuvamsa
Former Tribal Chairman
Village of Shungopavi
