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THURSDAY, MARCH 17, 2011
PAGE A-3
Tipping the balance
Navajo Pine's Chelsea Yazzie (25) shoots as Texico's Shaylea Anderson (14) misses the block March'11 at the UNM Pit in Albuquerque. Navajo Pine defeated Texico for the
Class 2A state championship state, 45-41. (Special to the Times - Donovan Quintero)
Shirley/Ex prez sues to prevent release
From Page A-1 be protected "to ensure that the there changed when Balaran's BCDS business. Bothcostthe tribe charged criminally, no charges So far, nether the prosecutor's
president reaches the best, most mandate was expanded to include millions, have been filed as yet by Balaran office or the attorney general's
next few days or he would instruct
the tribe's chief prosecutor to file
obstruction Charges against anyone
who did not comply.
The president's office refused to
comply with the request, claiming
that some of the documents that
Balaran was requesting were
protected by attorney,client
privilege. It called Balaran's
argument that there is no privilege
"without merit."
"Unless the special prosecutor
has specific information that a
particular document or documents
shows evidence of a crime, he
cannot argue that the privilege
should not apply," the suit states.
The lawsuifgoes on to say that
some of the documents reflect the
deliberations that went on within
informed decision and makes
decisions that promote h6zh6."
According to court records, the
tribe has spent at least $83,000
over' the past year to push the
case. Itused the money to hire the
Phoenix law firm of Gallagher and
Kennedy, and former U.S. Attorney
Paul Charlton,-wllo is representing
Shirley and President Shelly.
"The special prosecutor queStions
why the Office of the Attorney
General would retain G&K and
pay them $83 ,203.74 to undermine
the special prosecutor's ability to
carry but the very tasks assigned
to him by the Special Division of
the District Court," Balaran said in
one of his responses to the lawsuit.
The idea of hiring a special
prosecutor originated in the Navajo
an investigation of discretionary
fund spending, which so far has
resulted in criminal charges against
78 people including Shelly. (His
case and two others have been
settled or dispaissed. The rest are
still headed for trial.)
Meanwhile, however,, the
original probe into businegs
dealings involving the president's
office percolated along out of the
spotlight.
Shirley administration officials
including Chief of Staff Pat
Sandoval said publicly Shirley had
no fear of an investigation because
he had done no wrong.
At the same time these statements
were being made, however, it now
appears that the president's office
was actively trying to keep Balaran
the president's office and need to Nation Council, but attitudes from looking into the OnSat and resulted in dozens of people being within the Justice Department.
HIV/Health officials report worrisome trend
From Page A-1 inpatient wards, his now expanded "The NAIHS has greatly showing excellent control of the is developing a program to treat.
will host a couple of events to
mark National Native HIV/AIDS
Awareness Day on March 20.
On Friday, Harrison will give a
lecture at Din6 College in Tsaile,
Ariz. On Saturday in Chinle, rapid-
results HIV tests will be offered at
a booth at the powwow to honor
former President Joe Shirley Jr.
In addition, local IHS officials
are instituting new screening
and HIV awareness efforts, and
expanding clinical services for HIV
patients.
IHS information officer Jenny
Notah said voluntary HIV testing
is now available to everyone aged
13 to 64 who gets seen at an IHS-
operated clinic or hospital.
At GaUup Indian Medic Center,
HIV testing, first adopted in the in Gallup.
to the obstetrics clinic, primary
care clinics and the urgent care
clinic.
"Patients admitted to the hospital
are routinely offered a voluntary
HIV test upon admission," Notah
said. "Patients presenting to the
obstetrics clinic for prenatal care
are given the same opportunity for
testing."
According to Notah, screening
and prevention activities also
expanded care at IHS facilities
through funding by the Minority
AIDS Initiative," Notah said. "HIV
primary care is available at all IHS
service units on the Navajo Nation
and specialty care is available at
GIMC. An HIV nurse specialist
was hired at GIMC to improve HIV
care and coordinate care of people
who are HIV positive."
"Home visits are an important
component of the program," Notah
are occurring outside IHS. Fort said. "IHS staff team up with
• Defiance Indian Hospital, a former the Navajo AIDS Network case
IHS facility now operated by a managers, who are well-versed in
nonprofit corporation, worked the Navajo language and culture
with the Navajo AIDS Network to and serve as a bridge between the
set up testing and HIV education.
A 15-seconcl public service
advertisement encouraging people
get tested is being shown at theatres
patient and the hospital."
As a result of this program, the
agency has seen an improvement in
the response to HIV drug therapy
with 77 percent of enrolled patients
Balaran, in documents he filed in connection with the OnSat and office has announced plans to help
with the Window Rock District BCDS investigations. He has also the special prosecutor.
Court, noted that there have been not spoken publicly on the status Balaran is asking the dstrict
three studies - one on the tribe's of these investigations or when court not to admit Charlton as
e-rate program, another on BCDS charges may be filed in these cases. Shirley's attorney on grounds that
and a third on OnSat, that outlined Balaran's court motions indicate it would violate a Navajo Nation
possible legal violations, that the attorney general's office Bar Association rule that limits
"Each ofthesereportsimplicated is part of the group trying to non-members to participating in
then President Joe Shirley Jr., thwart his:attempts to investigate one case per);ear in tribal courts.
among others, as having engaged matter related to the Shirley Charlton participated in at
in malfeasant conduct, unethical administration, least two other cases before the
behavior and possibly criminal Just last month, the Navajo Navajo courts in 2010, both times
actions, '' Balaran said in court Nation Supreme Court issued a representing Shirley, Balaran said.
documents, ruling in whichjustices commented Charlton has filed a response
Balaran viewed the hiring of on the huge task ahead forBalaran, asking the court to interpret the
Charlton and G&K as an "attempt In that ruling, which denied a bar association rule as allowing
to shield the president from the defense motion to dismiss the slush non-member attorneys one case
investigatory efforts of the special fund cases, the court suggested that per calendar year, which would
prosecutor into OnSat and BCDS." Balaran could seek help from the allow him to represent Shirley in
While the investigation into tribe's Department of Justice and the documents case.
the discretionary funds case has the prosecutor's office, which is
people with HIV who also are
infected with the hepatitis C virus.
GIMC has added a second
HIV/AIDS specialist to its HIV
clinic, ensuring that a physician
is available five days a week.
,A nutritionist also was added to
assist patients trying to amend
their lifestyle through weight loss,
cholesterol control, and healthy
eating.
The addition of a health
technician to allow for intensive
home therapy and education for
virus in their blood, up from 50
percent in past years.
An automatic prescription refill
program has been created and
patients are notified monthly
that their medications are ready
for pickup. This, together with
patient education by pharmacists,
increases the number of people
who take their medicine as directed
instead of haphazardly.
"Plans are in place to begin phone
calls and home visits to patients
that have difficulty reaching the
high-risk persons with HIV/AIDS
"is in the works. -
"It is hope that these
improvements in outreach and care
will result in increased awareness
of HIV on and near the Navajo
Nation and improved quality of
life for HIV patients as well as a
clinic," Notah said.
Other plans include a cholesterol-
lowering component to the HIV
program since HIV medicines and
the HIV virus itself may elevate
cholesterol levels, increasing the
risk of stroke and heart disease.
In addition, the pharmacy team
Shiprock/Navajo Nation agency oversees chapter
From Page A-1
"The chapter staff has been laid
off, telephone service has ben
shut down and soon the utility and
other services face the same fate,"
he said.
In a later telephone interview,
Begaye said he became concerned
after reading a March 6 story in the
Farmington Daily Times that said
the chapter government had been
shut down.
However, not all of what Begaye
learned from the Daily Times
was accurate, according to DCD
Director Arbin Mitchell and other
tribal officials.
Phone service to the chapter
house service was cut off for a
couple of days due to nonpayment
of its bill, but has been restored,
he said. The tribe is in the process
of dealing with past-due bills from
Frontier Communications, the
chapter's phone service provider ,
and Navajo Tribal Utility Authority.
NTUA officials told the tribe
they currently have no plans to tum
off utility service to the chapter
house, according to Mitchell.
Chapter staff were furloughed,
not laid off, he said. The chapter
accounts maintenance specialist
is still on the job, as are Public
Employment Program workers.
The PEP workers will be laid
off March 30, but that's because
their work assignments will be
completed, he said.
Yazzie said an acting chapter
coordinator has been appointed
and the tribe is advertising to fill
the position.
Despite the change in leadership
in 2008, management of chapter
"finances did not improve, Mitchell
said. The new audit found many
of the same problems, including
questionable expenditures during
fiscal 2010.
One controversial expenditure
involving the purchase by newly
elected chapter president William
Lee of an $8,500 motorcycle for his
personal use'. He was accused of
violating law and last year agreed
to repay the money and forfeit his
stipend from the chapter for one
month.
Mitchell said the Shiprock Local
Governance Support Center tried
working with chapter officials to
clear up the financial problems but
this apparently failed so miserably
that the support center finally had
to take control of the purse strings,
giving chapter officials control
over just a few thousand dollars at
a time.
Since then, the relationship
between the Shiprock LGSC and
the chapter house has been strailled
by disputes over the management
of chapter funds. Disputes at the
chapter meetings have become so
heated at times that tribal police
had to be called to restore calm.
Lee and other Shiprock officials
wrote letters to the tribe, arguing
that turning over control of the
chapter's finances to an outside
body violates tribal policy and that
the chapter government can solve
its own problems.
Animosity between the chapter
and Shiprock LGSC officials got ;so
intense that Mitchell transferred the
supervisory duties to the support
center in Fort Defiance.
Begaye agreed that the chapter
officials need to remain on furlough
until order is restored, but said the
tribe needs to do what is necessary
account - they identified 84 percent
as "questionable" due to a lack of
documentation or failure to get
proper approval before releasing
payment to someone.
The chapter also was unable to
reconcile its checking account for
the previous year, the auditors said.
"The community has a right
to be concerned about what is
happening," said Stanley Yazzie,
deputy director of the Division of
Community Development , which
includes the Local Governance
Support Centers. "We are
concerned."
That concern has spread to the
New Mexico Legislature where
last week state Rep. Ray Begaye,
D-Shiprock, wrote President Ben
Shelly asking for a status report.
reduction in the spread of HIV,"
said Iralu.
As always, prevention is the key,
and no one is exempt'from concern,,
he said.
"All individuals should learn
about the increased risk of HIV in
our region," Iralu said. "We hope
that with increased awareness of
the risk for HIV, the people will
protect themselves and the ones
they love in a number of ways:
abstaining from sex, maintaining
sexual relations with one person
only and using condoms even when
other forms of birth control are in
use. Condoms work well when
used every time."
to get the chapter back to normal
and restore the confidence of
chapter residents ]n their chapter
officials.
Mitchell said the tribe is trying
to work with chapter officials to
implement the reforms listed by the
auditors. So far, however, there has
been "no evidence of compliance
by the chapter officials," he said.
Everything - including payment
of the chapter's bills - is being
handled in Fort Defiance, which
is one of the main reasons why
they've been delayed, but Yazzie
said steps are being taken to
streamline the process so future
payments go out on time.
The goal is to get the chapter
• management system up to par and
once that happens, control will be
returned to the chapter, he said.