Nuvamsa files suit against Hopi Council

By Kathy Helms
Staff Writer

KYKOTSMOVI — Ousted Hopi Tribal Chairman Ben Nuvamsa has filed suit against several members of the Hopi Tribal Council, which spent Monday afternoon in executive session discussing the matter but failed to rescind a March 27 resolution nullifying the elections that put him in office.

Council will meet again in special session April 30 to determine its next course of action.

Asked about the legal action, Nuvamsa said, "The main thing is that they violated the people's United States' constitutional rights and tribal constitutional rights and they also violated their civil rights.

"We want to be able to restore voter confidence in their government. I think that's what the fight is about. It's not necessarily about me. The residency issue is not an issue. It has never been an issue."

Nuvamsa was sworn in as chairman of the Hopi Tribe on March 1 and then removed March 27 after Council passed Resolution H-036-2007, nullifying the special primary and general election on the grounds that Nuvamsa did not meet the residency requirement contained in the Hopi Constitution.

"This issue, it's not the first time it's been raised here," Nuvamsa said. Back in 1989, Caleb Johnson (Kykotsmovi) filed a petition to be a candidate in the election, and he was denied. He was not allowed to participate because of the residency issue.

"He filed an action in tribal court. The issue was that he had a home in Winslow he lived in Winslow. He eventually ended up winning the case and that is a precedent case in tribal court," Nuvamsa said.

"Another council representative, Davis Fred Pecusa from Bacavi, just as recently as two years ago had a similar issue. He's now sitting on the council. So, I'm not sure where that issue is."

Nuvamsa filed a 15-page complaint April 4 in Hopi Tribal Court in Keams Canyon against council members, the tribal council secretary, and individual tribal members who had a role in his removal, saying their actions are illegal and that council lacked the authority to remove him.

During Monday's session, council voted 11-8-0 to allow Nuvamsa to make a presentation, during which he told them they are not protected by the tribe's sovereign immunity from suit because their actions are not authorized by the tribe.

Nuvamsa's complaint names the defendants individually as well as in their official capacities. Those include Vice Chairman Todd Honyaoma Sr., Jerry Sekayumptewa Sr., Caleb Johnson, Clifford B. Qotsaquahu, Leon Koruth, Phillip Quochytewa, Davis Pecusa, Lyman Polacca, Alvin Chaca, Gary Hayah, Anna Silas, Mary Felter, Harry Nutumya, and Armand Fritz.

Council's vote also was not without its political ramifications. The Kikmongwi of Mishongnovi notified Sekayumptewa by letter several days later that his services no longer were needed. He was removed as a council representative.

The Village of Tewa also apparently took Rep. Silas to task. She was instructed at an April 2 meeting to rescind her vote approving the March 27 resolution. Village members said in a letter that they believe the Hopi Tribal Council acted without proper authority.

"We believe that this action is damaging to the people of the Village of Tewa and other members of the Hopi Tribe and the tribal government and constitutes a serious Civil Rights violation of Hopi voters' rights," they said.

Nuvamsa is seeking a temporary restraining order, a preliminary and permanent injunction, and an extraordinary writ against the defendants, alleging their actions are in violation of the Hopi Constitution, which guarantees tribal members the right to vote and further guarantees all members equal opportunity in the tribe's economic resources and activities a right which Nuvamsa claims he was denied.

The complaint also alleges the defendants' actions violate the Hopi Election Ordinance, usurping the authority of the Election Commission as well as tribal voters.

He further claims that council's action is a violation of the Indian Civil Rights Act and is void of authority.