ETHICS FROM THE CLIENTS STANDPOINT Review and Analysis of the OHA-NEA-010-16 (Office of Hearing and Appeals) Case Disqualification of Candidates for Ramah Navajo School Election Based on Prior Alcohol Conviction By Nancy Alonzo and Martha Garcia
Presenters Bio Nancy Martine Alonzo o Executive Director for Albuquerque Area Indian Health Board, Inc. 6 years o Retired 37 years as educator teacher, principal, NM state assistant secretary of Indian Education concurrent with tribal leadership o 19 years as School Board Member, 13 years as tribal secretary treasurer Martha Garcia o Cibola County Commissioner & 2 nd Vice Chair for Northwest New Mexico Council of Government. o Ramah Navajo 638 Contract Community Development Coordinator & Liaison, Advocates for funding and sustainability of programs o 24 years Ramah Chapter as President, Vice President, Secretary Treasurer o 4 Yrs. Eastern Navajo Chapter Council; 12 years NHA board member o Lifelong trail blazer for Indian Self Determination for Ramah Navajo & Tribes o Filed, Ramah Chapter v. Jewel, Supreme Court Case 25 years to Settle for 699 Tribes & Organizations for $940 Million.
Table of Contents I. Presenter s Bio II. Introduction: III. Elected Official s Qualifications IV. Issues in Case Study 1-4 V. Issues in Case Study 5-8. VI. Background & Historical Setting I. Ramah Navajo School Board, Inc. VII.Background & Historical Setting VIII.Ramah Navajo School Board, Inc. IX. RNSB Case Analysis X. RNSB Case Analysis 2 XI. Possible solutions I. Review course readings, discussions, outside research, your experience. XII. Conclusion XIII. Best solution XIV.Reference, Acknowledgement & Appendix
Introduction-Issues in Case Study 1. Candidacy qualification is self disclosed 2. Verification of candidate qualification is not required when filing for office 3. Elected Official is required to maintain qualification throughout the length of the term of office. 4. Background Check and Violations do not automatically disqualify a candidate and removes them from election Department of Dine Education via Title 10 requires background check Navajo Election Office removes school board members
Issues in Case Study 5. Local Schools conduct background check and report it to Navajo Nation Department of Dine Education as part of the Reauthorization Process 6. Only candidates with standing can file a complaint 7. Time constraints allows ten day limit to file complaints 8. Candidates with standing bear the cost of filing a complaint, and retaining legal counsel and litigation
Background Historical Setting Ramah Navajo School Board (RNSB) was established on February 6, 1970, through Ramah Chapter Resolution No. M75-70-1A Established as Not For Profit organization in the State of New Mexico to provide charitable, benevolent, social, educational and related services as needed by the Ramah Navajo Community Ramah School Board members were elected on a staggered term with one candidate elected each year from 1970 1990 Election took place at the chapter house each year.
Background Historical Setting Navajo Nation Election included School Board Elections in 1992 and RNSB was assigned 5 members on a 4 year term. 4 members are from the community and one member at large. Founding members served from 1970 to 1992 and changes for all board members occurred From 1992-2016, RNSB board elections have taken place every 4 years. 2012 Election code required term limits on board membership. 2012 Election had complete new board members except for one incumbent.
RNSB Case Analysis VERIFICATION OF QUALIFICATION AND REMOVAL: After the 2012 Election, RNSB conducted a background review and reported its findings to NN Department of Dine Education. Findings included felony violations by one member and employment with organization within 5 years for 3 members. Department of Dine Education attempted to remove 3 board members. School Board attorneys intervene with the Chapter President and filed an injunction to prevent the removal stating the term school was limited to employees of the school and not other components of the entire RNSB organization.
RNSB Case Analysis 2 An agreement was reached to retain the board members and no further action was taken. In the 2016 Election, RNSB had 12 candidates that filed to run for school board. Citizens did background checks and found three had felony DUI violations. Two candidates had employment within 5 years with school board organization. Two candidates with standing filed a formal complaint and to Eastern Navajo Election Agency Office on June 8, 2016 for: 3 candidates for violations of Must not have been convicted of any crimes involving the use of intoxicating alcohol or illegal substance abuse including unlawful transport, sale or distribution of controlled substances. 2 Candidates for violation of, Must not have a conflict of interest from any tribal, state or federal laws regarding his or her employment. 2 Candidates for violations of Failure to maintain qualification pursuant to 11 N.N.C. Case outcome was removal of two candidates, one was a current board member and candidate, one was a candidate; One was dismissed due to participation in a DUI Deferment and Two candidates cases were dropped due to technicality, not board members.
Possible Solutions Board Member positions to staggered terms for continuity of leadership and stability Allow for any registered voter to file a complaint Stronger consequences for perjury on application, fines, public apology and or public services Authorize DODE, Election and Ethics Office to investigate complaints in timely manner Authorize DODE, Election and Ethics Office to immediately investigate complaints and remove unqualified candidates Hire competent and professional experts to investigate complaints
Conclusions SB Qualification Laws lack verification and enforcement for truth Recommend the following: 1. Candidates include with their application (a) copy of back ground check, (b) employment documentation of their separation from employment. 2. List all the names for which they are Also Known As 3. Hire professional investigators with legal/police background 4. Violators should bear the cost of litigation to contest removal 5. Any registered voter can file a complaint for SB violations 6. Compensation for the prevailing party for their legal costs 7. Violators pay the legal costs
Recommendations Require Ethical Training for Elected Leaders Additional Assurance for compliance for Oath of Office Firmer and shorter timelines for remedies of complaints Responsibility for Upholding the NN Law and Ethics Legal Opinion on PL 93-638 Schools in complying with NN Laws Education on Supreme Court Decisions and applicability Review SB policy on stipends and travels Address Abuse of Authority by Elected Leaders Create Whistle Blower Law for Election, Ethics and Justice Dept. Create a Task force to review Election laws for Elected Officials; revise and improve laws to strengthen for integrity and ethics.
Questions? Thank you! For your time and support of the presentation
Contact Info: Nancy Martine Alonzo, ME, MA, Ed.Sp. Executive Director of Albuquerque Area Indian Health Board 505-695-8730 nmalonzo@aaihb.org Martha Garcia 505-713-4007 mgarcia@ramahnavajo.org