Hopi Council firm on Nuvamsa removal

By Kathy Helms
Staff Writer

KYKOTSMOVI — Hopi Tribal Councilman Clifford Qotsaquahu said this week he is standing by council's action to remove Chairman Ben Nuvamsa because council has "a sworn obligation and duty to uphold the Hopi Constitution regardless of intimidation and threats" resulting from its actions.

"Contrary to former BIA Superintendent Ben Nuvamsa's contention regarding council's action 'nullifying,' the Hopi Council does have the power to remove individuals from office for 'misconduct' under Article 5, Section 1 of the Hopi Constitution," Qotsaquahu said.

"Mr. Nuvamsa's case is an issue dealing with alleged misconduct. His misconduct was the failure to disclose that he did not meet the residency requirements stipulated in the Hopi Constitution and he further perpetuated that misconduct when he 'swore an oath' to protect the Hopi Constitution," Qotsaquahu said.

"By his deliberate and intentional actions Mr. Nuvamsa violated the rights of the other candidates who were on the ballot for chairman and vice chairman, respectively. In addition, we now have a lawsuit filed by former Hopi Chairman Ivan Sidney which will require legal review."

Sidney was removed for misconduct following an alcohol-related incident at a motel in Winslow. There were no charges placed against Sidney in the incident.

Following Nuvamsa's ouster, he 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. He also sued council members, the tribal secretary and others for damages, both as a governing body and as individuals.

"I have worked very hard in the 34 years of my career to build a clean record and a reputation. ... 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 recently.

More problems
Nuvamsa said at the time that according to tribal procedure, the complaint would be heard within 20 days. "However, the chief judge could simply issue us the injunctive relief and give us back our offices," he said.

The chief judge now has problems of his own, after being arrested Saturday on charges of disorderly conduct and felony assault and battery. He then failed to appear in court Monday for arraignment after being released on his own recognizance.

Qotsaquahu said, "As members of the Hopi Tribal Council we have a higher moral obligation to uphold the provisions of the Constitution. If the Hopi Constitution is not upheld, then it's not worth the paper it's written on."

He said the Hopi Constitution and the U.S. government have given formal recognition to the Hopi Tribal Council form of government.

"As a legally elected member to the council, I along with the other members of the Hopi Tribal Council, whether elected or appointed by traditional leadership, carry the same constitutional mandate under the Hopi Constitution."

The provisions in the Constitution can be changed only by a vote of the people during a properly called Constitutional Convention. The decision to remove the former BIA superintendent was reached by consensus in a duly called council meeting, open to the public, Qotsaquahu said.

"Failing to meet the 'basic' and well-known provisions for service as chairman of the Hopi Tribe is the primary basis for removal," he said.

"The individual recently removed from the Office of Chairman of the Hopi Tribe knowingly failed to meet the constitutional requirements and admittedly acknowledged he would not meet the residency requirements at various pre-campaign meetings," Qotsaquahu said.

The issue of residency has come before council and the courts "time and time again. And, time and time again, tribal monies are wasted taking the issue before the courts to be told once again the Hopi Constitution stands, and what constitutes residency in order to run and/or serve as vice chairman or chairman," he said.

Note of caution
Qotsaquahu also cautioned the Hopi people not to be confused by "rhetoric."

"You will be hearing threats of lawsuits, threats of this and threats of that, and possibly some issues will come before the tribal courts. Do not be misled by claims of 'tradition,' which have no place in the tribal council," he said.

"Tradition is not an issue that we as council deal with. That is not our role. We have traditional governments and they deal with issues of tradition. The Hopi Tribal Council is not a form of traditional government; however, the Constitution does provide for participation by traditional governments.

"The tribal council acted within its authority as mandated by the Hopi Constitution. ... As a result of the candidate's failure to comply with the provisions outlined in the Hopi Constitution, the Hopi Council had no choice but to remove this individual from the highest elected position of the tribe," Qotsaquahu said.

Council still has the option to conduct further investigation and consider whether formal charges of fraud should be filed against Nuvamsa, he said.

The opportunity to file legal action is open to each member of the Hopi Tribe who feels his or her civil rights were violated by failure to comply with the residency requirement, Qotsaquahu said, "and it is also available to every candidate that ran for the position of chairman or vice chairman."

"As members of the Hopi Tribal Council we cannot stand by and allow the law of the land to be broken. To sit by and do nothing would make us as councilmen and councilwomen just as guilty," he said.