Hopi vice chair accused of misuse of tribal funds

By Diné Bureau

KYKOTSMOVI, Ariz — Chairman Nuvamsa reports that his office has just confirmed that on Oct. 12, 2007, Vice Chairman Todd Honyaoma Sr. authorized the taking of $75,458.56 from the Public Emergency Services/Safety Budget to pay for the first installment of his legal defense in the case of Benjamin H. Nuvamsa vs. Todd Honyaoma, et al.

Nuvamsa has observed that “This amount only covers the invoices through the end of August. There are more invoices yet to come. Based on my after-the-fact review of an improperly processed Budget Modification, it looks like the total may exceed $113,000.”

This case (Hopi Trial Court Case No. 2007-CV-0068) was brought by Benjamin Nuvamsa against Todd Honyaoma, Sr. and several others for illegally spearheading the nullification of the recent general election and for illegally preventing Nuvamsa from performing the duties of his office. In that election, Nuvamsa won his bid for Chairman.

In a special session of Tribal Council on May 18, the Tribal Council approved the hiring of Attorney Erin Byrnes to represent the defendants in this case and the appropriation of funds to pay her. When special meetings of Tribal Council are held, it is not allowed to add items to the agenda. In this instance, however, this item was added by motion and passed by simple majority. Hiring attorneys, however, requires a formal Tribal Council resolution.

The Court ruled on Aug. 27th, 2007, that the Council Resolution nullifying the election was illegal and unconstitutional and was, therefore, “null and void.” Honyaoma and Mary Felter, Tribal Secretary, were both arrested for contempt of court in blocking Nuvamsa from taking office.

Most recently, the Court ruled in the case that “In the present matter, the Hopi Tribe and the Hopi Tribal Council are not parties.”

“Therefore, expenditure of Tribal money to pay attorney fees is a serious misappropriation of funds,” Nuvamsa said.

First, in a memo dated Sept. 26, 2007, Vice Chairman Honyaoma directed the tribe’s finance director to take a not-to-exceed amount of $50,000 from the Public Emergency Services/Safety Budget to pay his attorney, Erin Byrnes, with the law firm of Jones, Skelton, & Hochuli.

Subsequent to that memo, on Oct. 12, the vice chairman approved a Standard Budget Modification Request Form, without the Chairman’s approval, authorizing the expenditure, and a check was drawn on October 23 to pay Erin Byrnes’ law firm. This is a violation of Tribal appropriations language adopted by formal Tribal Council Resolution which requires a formal Resolution for expenditures. “For attorney fees, there must be a properly approved attorney contract and I have never seen or signed one for the law firm of Erin Byrnes,” Nuvamsa said.

“I am outraged!” Nuvamsa said. “The Hopi people should be outraged! This is theft of Tribal funds; it is misappropriation of the Tribe’s money for the legal defense of some individuals who have been found in the Tribal Court to be guilty of unconstitutional acts against the right of the people to vote! The Court clearly said that the Hopi Tribal Council acted outside its Constitutional authority.

Therefore, Council members cannot use tribal funds for their personal defense.”

Nuvamsa also said, “I think this calls for a federal investigation. There are federal statutes covering misuse of tribal funds. The Fiscal Year 2007 Expenditure Authorization and Appropriation Language specifically says that the Treasurer can spend the Tribe’s money ‘only when authorized by a resolution of the Council…’ This taking of Tribal money for their attorney was accomplished by a simple motion and majority vote, not a ‘resolution of the Council.’ You certainly can’t spend the Tribe’s money for the personal defense of individuals who have abused their authority and acted illegally outside their authority,” Nuvamsa said.

Records indicate that virtually all of the documentation and authorizations pertaining to this re-allocation of funds from the Public Emergency Services/Safety Budget to Todd Hoyaoma’s, defense fund were done without informing Chairman Nuvamsa and without properly seeking his approval or authorization and without a properly authorized attorney contract in place.

“These individuals want the Hopi people to pay for their attorneys,” Nuvamsa said, “while I have had to absorb all of my own legal costs. I am glad, however, that the Court clarified that the Tribal Council was never a party to this suit. This means no Tribal funds can be used to pay for any cost associated with this case.”