Attorney General Ethel Branch announces findings of Montoya independent preliminary investigation
By Ethel Branch, Navajo Nation attorney general
I would like to announce that the preliminary investigation of outside counsel Eric Dahlstrom of Rothstein Donatelli has concluded.
Vice President (Richelle) Montoya’s recounting of the August 17, 2023, incident does not constitute sexual harassment under policies applicable to either Navajo Nation elected officials or employees covered by the Navajo Nation (Personnel Policies Manual). Further, the facts reported would not constitute a violation of any criminal law of the Navajo Nation.
Based on these findings, the investigation concluded that “further investigation into Vice President Montoya’s sexual harassment claim and the appointment of a special prosecutor are not warranted.”
Like many of you, I have been frustrated with the amount of time this investigation took, but it was critical to ensure a full and complete analysis and recommendation by the independent third-party counsel. As part of this investigation, multiple employees were interviewed, a telephonic and text tip line was set up to allow members of the public to express their concerns, and a thorough review of public sources was conducted. I am satisfied that no rock was left unturned in the search for evidence of any potential wrongdoing.
As the attorney general, my responsibility is to the Diné and the Navajo Nation as a whole. My role has not been to judge or point fingers at any party involved in this unfortunate situation. My role, from the beginning, has been to ensure that the allegations were taken seriously and thoroughly investigated. Now that the preliminary investigation has concluded, I intend to follow the recommendations of the independent investigator. I do not believe it is in the best interest of the Nation to continue spending the Nation’s money on allegations that, even if taken as true, would not amount to any violation of Navajo law.
Although it is time to put this issue to rest and move forward as a Nation, I want to reiterate that the Navajo Nation takes any allegation of sexual harassment seriously. The (Navajo Nation) Department of Justice will do its part to ensure a full process to investigate and take appropriate actions in response to the findings of investigators. I encourage any Navajo employee who feels they have been subjected to sexual harassment in the workplace to report it. Together, we can ensure a safe and comfortable work environment for all of our Navajo communities.
The investigative report will be released publicly once Navajo Nation leadership has been briefed on it.