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° PAGE A4 THURSDAY MARCH 17 2011
Auditors: 'Wisdom'
grant rife with problems
By NOEL LYN SMITH
NAVAJO TIMES
WINDOW ROCK - The Office
of the Auditor General has found
numerous instances of misspending
and inadequate oversight to
substantiate controversy over
a grant administered by Din6
College.
The Wisdom of the People Grant
is a five-year award of $250,000
from the American Indian College
Fund. The purpose of the grant
was to fund research into Navajo
language, history and beliefs.
Results Of the research were to be
used in producing textbooks and
other learning aids for classrooms
throughout the Navajo Nation.
The auditor's report on the grant,
issued Monday, evaluated the
process used to obtain the grant
and the way monies have been
disbursed since it was bestowed in
2008.
The college did not comply with
its established process for obtaining
and administrating the grant, and
did not monitor payments made to
consultants, the report said.
Under the college's policies and
procedures, the Institutional Grants
and Sponsored Projects Office is
supposed to review and approve
each grant proposal to ensure the
project is achievable, that qualified
Staff members are working on
the project, that it coincides with
the college's objectives, and that
monitoring and evaluations are
perforrn ed.
Auditors found that former Din6
College President Ferlin Clark
obtained the Wisdom grant without
any review or approval by the
grants officel In addition, the Din6
COllege Board of Regents was not
informed about it.
"Records show the board
of regents was unaware of all
activities surrOunding the Wisdom
of the People grant and project,
on peyote use among Navajos,
$12,000 to compile a book on
the college's history, $19,000 to
develop an ethnobotany textbook,
$20,000 to create a three-volume
book on Din6 culture, and $16,500
to develop a textbook that was
going to be used by the college's
summer institute,
"Records
show the
board of
regents was
unaware of
all activities
surrounding
the Wisdom
of the people
grant.
Auditors found that none of the
consultants delivered a draft or
finished product, yet continued to
be paid for their serVices.
The college's procurement
policies and procedures require
the professional services contract,
purchase requisition and progress
report to be submitted with the
request for payment.
During the first yearof the
project, there were no contracts in
place when payments were made to
three consultants in February 2008.
In the second year, there were
, five signed contracts.
substantiate the request for
payment, the audit recommended.
Acting Auditor General Elizabeth
Begay said her office expects to
receive the college's corrective
action Plan no later than April 14.
Interim Din6 College President
Marie Etsitty said she agrees
with the recommendations and
reported that the college has
strengthened the review and
oversight responsibilities of the
Institutional Grants and Sponsored
Project Office.
She also repOrted that the board
of regents amended board bylaws
to include a provision on violations
or circumventions of college
policies and procedures.
The board is .now receiving
monthly listings of any gran t
proposals submitted to the grants
office.
Ron Belloli, vice president of
administration and finance, and
Fannie Atcitty, president of the
board of regents, echoed Etsitty's
response when the review was
presented to the Budget and
Finance Subcommittee of the
Navajo Nation Council.
"The importance of following
procedures was made crystal clear
to everyone," Beltoli said.
Committee member Nelson
Begaye (Lukachukai/Rock Point/
Round Rock/Tsaile-Wheatfields/
%6 Ch'fzhi') asked if the American
Indian College Fund was aware of
the situation surrounding the grant.
Atcitty responded that she and
Etsitty met with Deborah Hunt,
project officer for the AIFC, about
the situation.
"We did explain some of the
areas of concern regarding the
Wisdom of the People Grant,"
Atcitty said.
Regarding the college's failure
to monitor how the grant money
was spent, Lorenzo Curley (Houck/
Klagetoh/Lupton/Nahata Dziil/
Wide Ruins) asked how the college
specifically the consultants hired The audit recommends that accounts for $4.2 million in yearly
and paid using the grant," the audit the adhere to established grant funding it receives from the
thrmore, the co e P Kg ensure tube.
€1 wxth rocu nt pro ..... i'ved ..... .| , monies are spent
policies and procedures in the by the appropriate office. It also accordingly and taken care of
hiring O f consultants." recommends that the board of properly," Curley said."Remember
regents be informed of all grants there ,are people out there who
Auditors found that the principal
investigator was paid $10,000
to develop a project plan and to
monitor the project's status, but
nothing was delivered.
Other amounts were paid to
various consultants, including
and a monitoring system be
established
The college should ensure that
a signed contract is in place prior
to the start of projects, and that
financial documents submitted
would love to spend that money."
Belloli said detailed financial
records are submitted to the
tribe's Office of Management and
Budget for review and once that is
completed, payment is issued to the
$19,000 to produce a textbook for payment are detailed and college.
In the trees
Navajo Pine's Cinandre Dolfin tries to reach the basket as Texico defenders attempt to block her '
March 11 during the Class 2A state championship game at the UNM Pit in Albuquerque. Navajo Pine
won, 45-41. (Special to the Times - Donovan Quintero)
State Bar accuses Whiting of flouting ethics rules
could still face disciplinary action
from the bar. He could not be
reached for comment.
In a letter to the editor of the
White Mountain Independent,
former Apache County Attorney
Criss Candelaria, who lost to
Whiting in the 2008 election,
suggested Whiting deliberately
risked an ethics violation and
sacrificed Brannan in order to
prevent the case from coming to
trial so that Hounshell's credibility
as a witness wouldn't come into
questio n .
"Whiting knew that if the cases
went to trial Hounshell's past acts
of fraud, lying and corruption when
revealed by the defense attorneys
during trial preparation would
destroy Hounshell's credibility as
a witness and reduce the chances
of conviction," Candelaria wrote.
As Apache County sheriff,
Hounshell was convicted in 2007
of misuse of county resources and
forced to resign.
"Sadly, my political opponents
are taking this opportunity to try
and gain a political advantage by
actively and loudly criticizing me
and the office," Whiting said.
The complaint alleges Whiting's
and Brannan's actions violated
Rule ER 4.2 of the bar's Rules
of Professional Conduct, Which
prohibits an attorney from
communicating directly with a
party he knows to be represented
by another lawyer.
David J. Martin was appointed
to represent Roberts on Sept. 30,
2009, and Hounshell spoke with
Roberts on Feb. 4, 2010.
"I believe when the matter is
fully presented to the bar it will
become clear I did not prejudice
the defendant in any way," Whiting
said. "I was not, nor am I currently,
the prosecutor on the case (it is
being prosecuted by the Maricopa
County Attorney's Office).
"The situation arose when I was
approached about investigators
speaking to the defendant so
they could communicate the plea
agreement to him," he said. "I
relied on the advice of my former
chief deputy, as he felt it OK based
on a new United States Supreme
Court case. I don't think my former
chief deputy, Martin Brannan, was
acting in a malicious manner, but
made a legal decision based on
his research the Superior Court
disagreed with."
According to the complaint,
Whiting and Brannan are
responsible for the ethics violations
even though it was Hounshell
who visited Roberts because the
attorneys "ordered or ... ratified"
BY CINVY YURTH
TSEYI' BUREAU
and hindering prosecution.
In recordings of the conversation
transcribed in the complaint,
Hounshell appears to be trying
to convince Roberts to waive his
preliminary hearing, including a
veiled threat that Roberts' wife
might be arrested if Roberts didn't
comply.
Roberts didn't waive his prelim,
and Arizona Superior Court Judge
Donna Grimsley found Hounshell's
actions egregious enough that she
dismissed the case with prejudice -
meaning Roberts can't be charged
with the crime again.
"The ruling from the Superior
Court is being appealed and we feel
the Court of Appeals will overrule
the judge's decision," Whiting said.
During the resulting public
9utcry, Whiting blamed Brannan for
the investigators' improper actions.
Brannan has since resigned, but
CHINLE - The Arizona State
Bar has accused Apache County
Attorney Michael Whiting and
his then-chief deputy attorney of
violating its code of conduct by
actions that resulted in an accused
murderer walking free.
The complaint, filed March
1, al.leges Whiting and his them
Chief Deputy Attorney, Martin
E. Brannan, allowed their
investigators, former Apache
County Sheriff Brian Hounshell
and Jerry Jaramillo, to talk to
murder defendant Joseph Roberts
in his jail cell without his attorney
present.
Roberts had been accused of
first-degree murder in the death of
William "Stony" McCarregher, as
well asconcealment of a dead body
the conduct. ,i:
They are also accused
"engaging in conduct prejudicii
to the administration of justice."
Staff Bar Counsel Stephen P.
Little said Whitihg and Brannan
now have the opportunity to
respond in writing to the complaint.
A hearing will be set within 150
days of the complaint being filed,
during which the case will be he
by a three-member panel consist M[
of the presiding disciplinary judge,
a volunteer lawyer and a volunteer
member of the public.
The panel will decide whether
the attorneys violated the rules,
and if so, determine an appropriate
disciplinary measure.
Hearing postponed for suspended Hopi treasurer
BY CINI)Y.YURTH
TSIYI' BUREAU
KYKOTSMOVI, Ariz.
- A hearing on the removal of
suspended Hopi Treasurer Russell
Mockta has been deferred until
April 4 after both attorneys accused
the other of a conflict of interest
in preliminary statements given
March 7.
Meanwhile, acting Assistant
General Counsel Norberto
Cisneros and Mockta's attorney,
Gary LaRance, are to investigate
the issue and decide whether or not
to recuse themselves.
The Hopi Tribal Council, which
is hearing the matter, has accused
Mockta of serious neglect of
duty for allegedly making risky
investments that jeopardized the
tribe's financial standing.
Mockta has countered in a press
release that while some of the
representatives from Sipaulovi
Cisneros countered that the
There were 15 representatives
been in the courts two yeat
and to wait for its conclusi
would deprive Mockta Of a speed"
investments lost money, others
gained and the tribe's portfolio
logged a net gain in the past three
years, even with a worldwide
recession taking place.
In his opening statement,
LaRance asked the Council
to dismiss the charges against
Mockta, stating that Cisneroshad
a conflict of interest. Cisneros is
representing Mockta in his role as
tribal treasurer in two other court
cases.
Cisneros seemed surprised by the
allegations, saying LaRance had
not brought them up in previous
meetings.
"This should have been litigated
and agreed well beforehand," he
said.
He then accused LaRance of
having a similar conflict, since
he recently represented three
Village in a case against the tribal
government, which includes
Mockta.
LaRance noted that in past
removal hearings, the tribe's
general counsel has recused
himself. He added that at no point
leading up to the hearing had he
agreed to waive conflict of interest
concerns.
LaRance also objected to a list
of 20 charges against Mockta,
which he said had illegally grown
from the original three: namely,
that Mockta permitted risky
investments that jeopardized the
tribe's assets, failed to ensure
the tribe's investments conform
with its investment policies, and
failed to competently oversee
investment decisions of the tribes'
investment advisors, brokers and
other professionals.
20 allegations all fell under the
original three charges, and were
just supporting documentation.
"Mr. LaRance is trying to play
legalese with you," he told the
Council.
In yet a third reason to dismiss
the charges, LaRance argued the
Council members present did not
constitute the two-thirds majority
it would need to dismiss Mockta,
even if they all voted against him.
LaRance noted the Council is
supposed to have 23 members,
but two villages - First Mesa
Consolidated Villages and
Mishongnovi - have been unable
to seat representatives because
Chairman LeRoy Shingoitewa
will not recognize representatives
appoirted by village religious
leaders, and the villages have not
yet held elections to replace them.
present, one less than the
supermajority needed.
Cisneros replied, "From my
understanding, this is the tribal
Council that has been seated by
law."
The matter is currently before the
courts.
Judge Carey Vicenti, acting
as the presiding officer for the
hearing, said he found both the
conflict of interest and the Council
arguments troublesome.
"I do have some worries," he
said. "If you were to remove Mr.
Mockta and the court would later
decide the decision was made by
an incomplete Council, they Could
turn around and void your decision.
It may be better to have that case
heard before this case proceeds."
Several Council members,
however, said that case has already
resolution.
"It's almost a year (that Mockta
has been suspended)," said Ever
Calnimptewa of Upper Moenco
"We can't continue to play polities
A fair amount of time has beet
gven to this individual. 'r 'j
- Calnimptewa did agee, howeV
that some time should be-llot
for the attorneys to work out their
conflict-of-interest concerns.
"I sit before you very concerned
about the finances of this tribe,'"
Shingoitewa said. "I think .we have
to go on with this hearing some
time in the near future?'
The hearing will be resumed
April 4.