Nuvamsa says Hopi election is a national issue

By Kathy Helms
Staff Writer

KYKOTSMOVI — Even if the Hopi Tribal Council or tribal court judge opt for a quick-fix and unlock the doors to the chairman's office, newly elected Hopi Chairman Ben Nuvamsa says he still will seek damages from those involved in passage of the March 27 resolution that nullified his election.

"This is a national issue where the civil rights of people are just blatantly violated. We've got hundreds of letters going to the tribal council secretary, and we have a petition to make it right," Nuvamsa said Monday while waiting to make a presentation to the tribal council.

In response to council's decision, Nuvamsa filed a complaint April 4 in Hopi Tribal Court seeking a temporary restraining order and a preliminary and permanent injunction which would allow him to return to office, and suing council members, the tribal secretary and others for damages.

"I have worked very hard in the 34 years of my career to build a clean record and a reputation. I am recognized throughout Indian Country by tribal leaders, by congressmen, and by state officials, federal officials. That has all been damaged by this action. So I have a right to claim damages against the effect on my character, my integrity," he said.

According to tribal procedure, the complaint will be heard within 20 days. "However, the chief judge could simply issue us the injunctive relief and give us back our offices right now. He could do it now. He could have done it last week," Nuvamsa said.

"Failing that, then we wrote it in a way, what we call the 'extraordinary writ,' that we elevated it automatically to the Appellate Court, and will seek remedy there. From there it goes to District Court."

The quick fix
The simple thing for council to do is pass another resolution rescinding the one passed March 27, he said. "It's a simple fix. But the other process will still continue, because of damages. Nobody has ever done anything like this.

"People's rights have been violated before, not by the same council, but other councils before, and nobody stood up to them. We've got to stop them this time. We've got to stand up for our people's rights. Not just voting members, but every enrolled tribal member, their rights have been violated," Nuvamsa said.

Council removed the chairman, who was sworn in March 1, saying he failed to meet the Hopi Constitution's residency requirement, which mandates that candidates must live on Hopi for two years prior to seeking office.

"The matter of our customary practices here and what we believe is our permanent home is: Where you're born, that's where you're from. That is your residence. When you participate in ceremonies, that's where you participate from. And when you pass on, you go home to that place again," Nuvamsa said.

"That has case law in tribal court. That aside, the issue has now broadened to the point of violation of people's rights to vote, not necessarily for Nuvamsa, but for 13 others that ran in the primary election and in the general election.

"That's all been nullified by the tribal council, and that's what the fight is about. That is why the majority, if not all of Hopi, are very upset with the tribal council," he said. "Not every council member is for this nullification. There were eight people that voted against it. Three people were absent, but we are confident that they would have voted against passing the resolution."

Consequently, not all council representatives are named in the complaint.

Beyond scope
"There is no authority in the tribal council, and probably not anywhere in the country, that gives a governing body (the authority) to nullify people's votes," he said. "So they've gone beyond the scope of their authority."

Because they went beyond that scope an "Ultra Vires" violation they now cannot be protected under the tribe's immunity from suit.

"Tribes have a sovereign immunity from suit, and because they extended those, they cannot be protected by the cover of sovereign immunity.

"And that is why we are filing against the 10, plus the vice chair because he was presiding officer the council secretary, and the two other individuals," Nuvamsa said.

"We're being held out of our office. We cannot conduct business." Nuvamsa filed against council representatives both in their official and personal capacities, he said, "because they violated people's constitutional rights, they violated my rights, they violated my rights to due process."

He said he was not given an opportunity to defend himself at either the council's Feb. 5 or March 27 hearings. "That is a gross violation of my due process rights that is afforded to me under the Indian Civil Rights Act and the United States Constitution, and the tribal Constitution," he said.

"If they are found guilty in tribal court, and we're very optimistic that they will ... then they can be removed from office. Or pay a fine, and, or spend some time in jail.

"Individuals also, as tribal members, can file individual complaints in tribal court or civil rights violations through the United States Civil Rights Commission. That's how big this thing is," Nuvamsa said.

The tribe's mission is to serve the people. "They get their power, they get their authority from the people through the Constitution. I'm not representing just Ben Nuvamsa. I'm representing every tribal member," he said.