Nuvamsa tries to take charge

By Kathy Helms
Staff Writer

KYKOTSMOVI, Ariz. — Hopi Tribal Chairman Benjamin Nuvamsa is back in office, at least until May 30, and Vice Chairman Todd Honyaoma Sr. is a free man after being jailed Monday on a contempt charge.

Nuvamsa returned to office Friday following an Appellate Court ruling the previous day granting a temporary restraining order in the Hopi Tribal Council's action to remove him.

The Hopi Appellate Court ruled in favor of Nuvamsa May 17 on an Extraordinary Writ and temporary restraining order (TRO) filed in response to a March 27 action item passed by Council which removed Nuvamsa as Tribal Chairman, alleging he failed to meet the two-year residency requirement mandated by the Hopi Constitution.

"I only had one staff here (Thursday) to try to kind of let people know we got our TRO, and the next day we came in," he said.

"Later on that day, I received a letter, a memorandum from the Vice Chairman, saying that we are occupying our office illegally and for us to vacate our office immediately, which is in direct violation of the order," Nuvamsa said.

In a notice to all parties, which includes 14 defendants made up of 12 Council representatives, the tribal secretary and a private citizen, the Appellate Court ruled:

• Respondents shall refrain from acting upon or enforcing Council Resolution H-036-2007;
  
  
• Respondents shall refrain from preventing Petitioner and his staff access to Executive offices and property;
  
  
• Respondents shall accord during the pendency of this order all rights and privileges of the Office of Chairman to the Petitioner, including wages and salaries due him and his staff;
• This order is in effect for 15 days after its execution and expires of its own accord unless extended by either the Trial Court or by order of this Court;
  
  
• Nothing in this order deprives the Trial Court of its jurisdiction to hear the underlying request for preliminary and permanent injunctive relief.

Unauthorized occupancy
Despite the order, around 5 p.m. Friday the Vice Chairman and Council Secretary hand-delivered the memorandum regarding Nuvamsa's "unauthorized occupancy," he said.

"I gave him advice that this has some serious consequences, and I told him, 'You may be held in contempt of the order.' I said, 'Are you sure you want to do this?' He said, 'Yes, that's what Council directed me to do.'"

The May 18 memorandum signed by Honyaoma states that Council met that morning and considered the Extraordinary Writ and temporary restraining order issued the previous day.

"The Hopi Tribal Council is seeking a clarification of the Extraordinary Writ, and furthermore, the Hopi Tribal Council by majority vote directed me as the Vice Chairman to issue this memorandum pursuant to Resolution H-036-2007," the memo states.

"That is the resolution they used to nullify and void the election," Nuvamsa said.

The Appellate Court ruling is directed at the individual defendants and can have no effect on the Tribal Council, the memo further states.

"The Tribal Council does not operate by individual action but rather acts as the governing body of the Hopi Tribe. Thus, the individuals in question have no authority to pay the compensation ordered by the court or to grant or deny you access to tribally owned buildings and offices.

"The Tribal Council controls tribal revenues and tribal real property and will not recognize the Appellate Court's attempt to direct the Council to take actions concerning the tribe's revenues and property.

"Based on the conclusions stated above, the Tribal Council will not process any payment to you or your staff from Tribal revenues nor will the Council allow you and your staff to unlawfully occupy tribal offices. Therefore, you and your staff are directed to immediately vacate the Tribe's offices," the memo states.

"And there we went," Nuvamsa said.

Vice chair arrested
On Monday, he attempted to preside over a scheduled Council meeting, he said, "and I was prevented by Council Representative Nada Talayumptewa.

"I called the meeting to order and I tried to call roll to establish a quorum. She told me that she doesn't recognize me as Chairman and I can't preside over the meeting," Nuvamsa said, after which, the meeting was disrupted and Council decided to take a short break.

"That's when they arrested the Vice Chair," Nuvamsa said. The meeting then was disbanded.

Nuvamsa said Honyaoma was arrested by Hopi-BIA Police because he was the one who signed the memorandum, "although he was directed by the Council to do it," based on majority vote. "It was not all of Council that directed him to do this."

Honyaoma was released Monday afternoon, Nuvamsa said. "I never expected it get to this point. I hope that we just start working together. We have a lot of things to do," he said.