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Forum: Shiprock Home for Women & Children

DOJ worker single-handedly stopped Shiprock project

FROM THE READERS, Sept. 2, 2010

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Vote for Luralene Tapahe as Navajo Nation president write-in.

I would vote for this individual if she decided to run for president as a write-in because she single-handedly stopped all elected Navajo Nation officials from getting Home for Women and Children domestic violence shelter completed in Shiprock in Northern Navajo Agency.

On several occasions, her name has gone public over the Shiprock Home for Women & Children shelter from being completed. She single-handedly froze the state of New Mexico capital outlay appropriation that was meant to complete the shelter from a year ago.

Her reasons are really unclear. She publicly said that the contractor for the shelter was disbarred by Navajo Housing Authority yet a standing committee within the Navajo Nation Council discovered it was just a "letter of intent" (which) simply means, they are thinking about it.

She also had a problem with "sole source contractor" in RJN Construction that had a stamp of approval from former President Kelsey Begaye's administration.

She also cites RJN Construction on "impropriety" that is not discovered yet, and makes everyone puzzled. She even mentioned that RJN Construction owner is of Anglo descent, and a rebuttal was made that "white people" also work in the Navajo Nation's Department of Justice, so what's the difference?

She is attempting to redo all agreements and eventually re-bid on the construction and a way to further delay completion. The problem is the shelter is "design-build" that is only unique to RJN Construction therefore the liability goes to RJN.

The shelter is 80 percent complete sitting right across from the former Shiprock Civic Center. The shelter is presently housed in rented trailers for now on NHA property. Seven years is a long time to rent and it is very costly.

The Navajo Nation attorney general, Louis Denetsosie, is very quiet about this situation. Yes, I wrote him about this situation and I have not gotten a written response. I am wondering if he is trampled upon by this employee of his.

Kudos to this lady for stopping a project that no public elected officials can do anything about.

Ray Begaye
New Mexico State Representative
D-San Juan County, District 4
Shiprock, N.M.

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Navajo firms should get opportunity, law says

I wish to address the misinformation in the letter from Ray Begaye regarding the Shiprock domestic violence shelter project.

First, I did not "single-handedly freeze" the state funding for the project. These funds came from a state appropriation that expires June 30, 2011. Only the New Mexico Legislature can "freeze" or take back these funds. Unless and until it does this, the funds will be available until June 30, 2011.

Second, Navajo Housing Authority has suspended RJN for violations of NHA and federal regulations, and has demanded that RJN repay his fees from his prior NHA contracts for this project.

The violations have not been resolved to date, no repayment has been made, and the suspension stands. This, among other reasons, is why RJN is ineligible to receive a contract. Mr. Begaye fails to mention that using RJN to complete the project will cause a loss of $364,000 in NHA funds earmarked for the shelter.

Third, aside from the NHA issue, Navajo law and the state grant both require that we follow procurement procedures, and that Navajo firms be given an opportunity for contracts like this. Just giving a contract to RJN and not complying with procurement would violate the wishes of the publicly elected Council and committee members, who put these laws and regulations into place years ago.

Elected officials could repeal them today, but there would be no getting around procurement, because any state grant would require compliance with state procurement laws.

Mr. Begaye is apparently unaware that a "request for proposals" for completion of the project was prepared weeks ago. This RFP could be issued immediately, a new firm could be selected after a short period, a contract prepared, and work on the project could begin.

In fact, it's been nearly two months since DOJ formally advised that the proposed RJN contract is not compliant with the law. By now, a new firm could have been selected and the remaining 20 percent of the project might have been nearly finished.

Instead, the push to give a contract to RJN - and to no one else - has continued. I have to ask: What is so special about RJN that has caused public attacks against me for advising that we follow the law by issuing an RFP to allow other firms, Navajo firms, a chance to get this contract?

Mr. Begaye's remark that the attorney general is being "trampled upon" shows a shocking disrespect for Mr. Denetsosie's professional competence and integrity, and dismisses his commitment as the Navajo Nation's chief legal officer to the highest ethical standards, to the Navajo Nation government, and to the Navajo people. Mr. Begaye should be ashamed of such a comment, especially given his public position.

Lastly, Navajo Nation attorneys like me do not have decision-making authority. We simply advise staff and elected officials as to what the law says, what it means, and whether or not they are acting consistent with the law or not. It is up to them to follow the advice of the nation's attorneys, or not.

Luralene D. Tapahe
Assistant Attorney General
Economic/Community Development Unit
Navajo Nation Department of Justice
Window Rock, Ariz.

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Why can't a Navajo band open for fair stars?

I am from White Cone, Ariz., Táchii'nii, born for Deeshchii'nii.

I'm disgusted and have been racially discriminated against by the 2010 fair board.

I went to their meeting and asked them straight out: Why can't a professional Navajo band open for Earl Thomas Conley or Ronnie Milsap?

Yes, they gave excuses of (everything from) contract riders to no Navajo bands have $1 million in liability insurance.

If the tribe pays the insurance for the rodeos and the non-Navajo bands, shouldn't that money and insurance cover my band (all registered Navajo voters)?

Contract riders have nothing to do with opening bands, they are for rooms, dressing rooms and parking accommodations. (The fair board members) all act like Navajos are not good enough to open for any non-Navajo bands. Guess what? They are. I have many friends who have professional bands that write and play their own music.

What was very insulting was they said we could get a separate stage for the Native bands. Is that a special non-Native stage?

I'm in the process of filing a complaint with the (Navajo Nation) human rights office against the fair board. You have the best of Navajo art and rodeos but music is also art and you need to start promoting your own people instead of stabbing them in the back and putting them down.

We, as a band, will kick down the door of ignorance for all Native bands that want to play the main stage as an opening act or headliner. Chucki Begay and the Mother Earth Blues Band will do that. You mark my words.

Richard Anderson Jr.
White Cone, Ariz.

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Every Diné should visit Juanita's dress

"Independence is freedom," my late code talker father Tsosie H. Brown Sr.'s words resonated inside me when I visited our esteemed Navajo grandmother Juanita's dress.

I was astounded at the great bright energy that lonesome dress had in the dimly lit Navajo Nation Museum. She, the dress, came back home to her precious people and Dinetah.

I felt truly blessed to be inches away, remembering my father's stories of our warrior ancestors who fought for our independence against the Spanish, Mexican, and American governments.

His words, "We had war over 300 years, and we fought as one people and one family, when women and men had warrior names."

I remembered, while looking at the colors and designs of the old dress. I was taken into an awake dream, of ancient words, Nidaa/Hozhonji ceremonies, victory battles, enemy dialogues, war trails, wounded souls, peace and war councils, grandmother wisdom, populated train cities, and Washington, D.C.

What an amazing life this well-worn dress witnessed - the battles, treaty negotiations, subjugation and imprisonment, the ethnic cleansing, and the many sad, dying and sick people she must have encountered, consoled and hugged unconditionally.

When I examined the faded red-colored fabric with patched cloth lazy stitched into each weft of thread, I saw a woven shield of the emotional and spiritual journey of our people. No wonder she didn't feel the need to make a new dress, this one was her shield and the spiritual symbols of her biil (dress) gave her strength. Her biil has an "alive energy" that touched my soul and spirit. This dress is a metaphor of our Navajo spirit today, tattered yet resilient.

For many silent minutes I marveled at this simple dress and its significant visit to our disunited Navajo family. For an instant I felt an ancient presence around me and saw the colors of our sacred mountains. My people's tears of war and peace stained this wonderful dress. I felt at home with this dress, for all my life I have also been called a militant and radical, qualities that Manuelito, Barboncito and Juanita embodied in their fight for survival.

As I pondered the dress, I began to visualize the state of affairs of the Navajo Nation. It saddens me to have experienced the "no holds barred," "take no prisoners" attitude of the Navajo Nation Council. It seems to me that the majority of our Navajo leaders have forgotten the values of K'e - compassion, sacrifice, and dedication - that shima Juanita embodied. Instead some are consumed by power, ego, greed, and a desire for self gain.

The exorbitant spending on travel/meeting/stipends; gold rings; the overturning of the Navajo people's ban on gaming; the water rights secrecy; the lack of support for the Bennett Freeze/Big Mountain/Black Mesa families and the thousands of relocated Navajos; the disregard and elimination of the Office of Navajo Government Development; direct agreements by the Council representatives with the states/federal/international entities, bypassing the Navajo Nation president's office.

The words used by Council delegates in the international arena about "The International Declaration of Indigenous Rights" don't reflect their legislative acts to give themselves unlimited powers over the executive and judicial branches, therefore consolidating their control of the Navajo government. The Navajo Council in itself is a colonized form of government and has continuously shown a blatant disregard for the rights of the Navajo people and Navajo president.

It's disappointing how the Navajo Council leaders continue to disrespect the office of the president by not allowing him to speak, refusing to stand in respect for the Navajo people's elected leader, typing on laptops when the president enters the Council chambers. The sacredness of the president's office deserves respect and honor, and the president should be seated level to the right of the speaker's seat.

All we have is ourselves and each other. There is too much at stake, too much to lose, like our language, ceremonies, and cultural identity. In order to survive in these harsh political and economic times we have to work together for a better, stronger future.

I think it's time to decolonize and detach ourselves from the Western politics of divisiveness, power struggles, intimidation and retaliation, and embrace our Navajo values of K'e, cooperation, and unity.

We must always remember our past and never forget our Navajo people's desperate fight for freedom. By teaching our children our proud history we instill in our children the strength of heart, spirit, and character. There will never be another Juanita or Manuelito, unless we model for our young leaders the important values of our cultural way of life.

Our heartfelt thanks are owed to all those within our government and throughout our Navajo land who stand strong for the rights of the Navajo people to prevail. We also owe thanks to the Navajo Nation Supreme Court, which should never become politicized, for honoring our fundamental law and recognizing and reaffirming that the Navajo people are the government.

And lastly, I believe that we didn't fight our wars for sovereignty, but for our independence. Independence is freedom and freedom is independence. This dress should be visited by every Navajo to understand firsthand the intestinal fortitude our Navajo grandparents embodied against all odds and enemies.

As I left the museum I left knowing that Juanita was a mother, grandmother, daughter, wife, advisor, and historian who loved her husband and family, a simple woman who became her husband's and people's strength.

Hashineeh, my Navajo people, I write this with what I feel inside me, and I believe that many thousands of Navajos might agree with me and feel what I wrote and expressed here. What a difficult life and awful atrocities our people have endured. I hope and pray that our new leaders have the will and determination to stand strong with our grandparent's convictions and values against all enemies.

Also may our new leaders have the ability to unite our people and remember what that old tattered faded dress in the Navajo Museum represents to our Navajo people. "K'e, unity, strength of character, fortitude, sacrifice, and independence."

Norman Patrick Brown
Diné Bidziil Coalition
Gallup, N.M.

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Nation should have never guaranteed BCDS loan

This is in response to a recent article that appeared in the Aug. 19, 2010 issue of the Navajo Times on BCDS Manufacturing Company and Diné Development Corporation's role in the matter ("BCDS, OnSat reports forwarded to federal prosecutors").

In response to the Economic Development Committee's questioning of his plan to recoup the Navajo Nation's financial investment in BCDS, Allan Begay, executive director of the Division of Economic Development, stated in the article that "he can't do much directly because the now-defunct company was a subsidiary" of DDC, and that "his staff has been trying to initiate action, but that DDC refuses to acknowledge the ownership, [which] keeps saying the division took back control of BCDS." Begay further states that all "this is untrue."

Allan Begay's finger pointing at DDC is merely an attempt to deflect attention away his duties to the Navajo Nation and the real issue: that the Navajo Nation should never have guaranteed the $2.2 million loan to BCDS.

DDC had absolutely nothing to do with that loan, and in fact, did not even know about the loan until after it was approved by EDC and Budget and Finance Committee. It's time for DED, EDC and other parties to quit blaming the BCDS debacle on DDC and take responsibility for their actions.

A brief history on the formation of BCDS might be helpful to understanding the confusion on the ownership of BCDS. Initially, BCDS was owned by three individuals (Huk Ghun, Jerry Dickenson and Air Force retired general Ron Fogleman).

In 2002-03 (long before DDC was created), DED contributed $311,290 from the Business and Industrial Development Fund to BCDS, which included $300,000 to renovate the old wool warehouse in Shiprock and then another $11,290 to permit BCDS to purchase a performance bond for its lease on the Shiprock building.

In exchange for the BIDF funding, DED became the majority stockholder in BCDS and DED received stock certificates representing 51 percent ownership in BCDS for its equity contribution.

Later, when DDC was established, DED agreed to transfer its stock in BCDS to DDC, in order for BCDS to qualify for SBA 8(a) certification as a tribally owned corporation and seek federal contracts.

Although DDC approved the establishment of BCDS as a subsidiary on Dec. 13, 2005, DDC has never received a copy of the endorsed articles of incorporation of BDCS indicating that it incorporated under Navajo law as a subsidiary of DDC and DDC has never received original stock certificates from BCDS to show that DDC was now the majority shareholder. Thus, documents to confirm DDC ownership of BCDS are lacking.

In addition, it is uncertain if DED's stock certificates in BCDS were ever cancelled, and DDC questions whether Allan Begay had authority to make a unilateral transfer of the Navajo Nation's interest in BCDS from DED to DDC without some oversight approval.

Thus, DDC requested the Navajo Nation's Department of Justice to research these issues to determine who actually possessed ownership of BCDS, but DOJ never conducted the research. Without a conclusive legal opinion from DOJ regarding the ownership of BCDS, DDC will not act on any BCDS matter.

DDC has previously informed DED and DOJ that if the Navajo Nation desires to formally dissolve BCDS there is a real simple solution to achieve that. In accordance with Section 3141 of the Navajo Nation Corporation Code, the attorney general has the authority to pursue through the Navajo courts an involuntary dissolution of BCDS for failure to comply with Navajo law, among other things. DED and DOJ do not need the cooperation of any other party to pursue judicial dissolution of BCDS.

Arthur P. Allison
Chairman of the Board
Diné Development Corporation
Farmington, N.M.

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Council to consider four-term limit

There are some questions on the legislation going before the 2010 fall session of the Navajo Nation Council. The legislation speaks to establishing a term limit for the Navajo Nation Council delegates.

There were many people, including President Shirley, wanting a term limit for Council just as there is for the president of the Navajo Nation.

The president specifically asked for this when he was going through the Navajo Nation Supreme Court recently and now there is legislation addressing his request. And many individuals expressed this in the local media. Their wishes are now being honored too.

Initially, the term was considered for two terms but by request of the traditional healers and some church groups it was changed to a four-term limit. They said in the Diné tradition everything comes in fours - four mountains, four directions, four seasons, four chants at ceremonies, etc., and the limit should coincide with this. They were involved in the decision to go with four.

For this reason the legislation was written up and has received favorable votes from two committees. Now it is up to the full Council.

I hope this clarifies some of the questions by the people.

Harry Claw
Council Delegate
Chinle, Ariz.

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Looking for my father

I'm trying to find my father or anyone in relation to him.

His name is Alonzo Boyd Wilson, son of Anita Rose John. I was too little to know or remember him. All I have is a little red ball he left for me.

It's been 23 years without a father, and I need to know who I came from and who my father really is.

I need to at least meet him once and hopefully my grandmother, seeing how my mother's mother died in a car accident before I was born so I would like to have met at least one grandmother.

I'm not worried about being accepted but I don't think that'll be the case. I'm not worried about money and I'm not in search of the Native treasure.

Everyone I meet tells me I need to claim I just want to meet my other half although I'm friends with Ben, I work hard so he can hang out with me (laugh out loud).

No, but seriously, I have a letter he wrote to my mom saying that and I quote "I'm proud to have a son named Douglas" and that's why I need fulfillment in my life. I'm just asking please for anyone's help in anyway I would like to find my bloodline.

It's very important to me because I'm attending American River Community College right now. Following this I will be enlisting in the U.S. Army to build structure and an unbreakable foundation for the rest of my life.

I live in Sacramento, Calif., and if I could I would drive to the reservation and look myself but I can't and that's why I'm asking for your help. If you have any questions for me over the telephone I would appreciate anything or something that could help me.

I can be reached at my direct line at 415-879-1046. Thank you for reading this.

Douglas Wilson
Sacramento, Calif.

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Seeking family of Claudia Viola Troy

I live in Nashville. My grandmother was Claudia Viola Troy. She died in Wilmington, Del., in 1966. I was just informed by a cousin that my grandmother was Diné.

I never knew anything about this as no one in our family ever talked about this. I always thought she was from Virginia. I was told that she was from Sturgis, S.D.

I have no idea how to determine if any of this is true as most of my family is dead. I don't even know how to contact this cousin now, as she has moved. My cousin did say that she heard stories about my grandmother's Indian life when she was a child.

If there is anyone out there who could help me with this I would be eternally grateful. My email is kenny@kennymullins.com. My phone number is 615-226-4526.

Kenny Mullins
Nashville, Tenn.


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