Gallup Police Department hit with
lawsuits
Andrea Egger
Staff
Writer
GALLUP — A Gallup police officer and a former Gallup police
officer filed a civil lawsuit against the City of Gallup and former police
chief Danny Ross on Friday for damages incurred when the Gallup Police
Department disciplined one officer and fired the other.
Gallup
Police Officer Owen Pena and former Officer Daron Overman each filed
separate lawsuits, which are against the city and Ross in his individual
and official capacity.
Ross, who moved to Las Cruces with his
family after retiring June 30, has an unlisted phone number and could not
be reached for comment.
Gallup Police Lt. John Allen, department
spokesman, said the police department has not been served with the
lawsuit. He added he could not comment on any pending lawsuit against the
department.
Overman's and Pena's attorney, Sigmund Bloom of
Albuquerque, said he is concerned about the inconsistent discipline at the
Gallup Police Department.
"It bothers me that the department has
an 'in' club and an 'out' club. In the 'in' club, they can do whatever
they want," Bloom said.
Bloom said he learned that the atmosphere
might be different under Chief Daniel Kneale. He said if the chief
contacts him to try to work out a settlement without going to court, he
would be happy to try to reach an agreement.
According to the
complaints, Pena and Overman were involved in a fight at Pal Joey's
Kitchen & Lounge on June 9, 2000, while the officers were off-duty.
"A fight was started by third parties who taunted, provoked and
threw the first blows at Daron Overman," wrote Bloom in the complaint.
On July 1, 2000, Overman and Pena, who are roommates, were outside
the El Capitan Motel when several people tried to fight them. Overman and
Pena left the area without a fight.
In Overman's case, these two
incidents led to "unfounded" disciplinary actions at the police
department, according to the complaint. Administrative charges of behavior
unbecoming an officer and unsatisfactory performance were filed against
Overman on July 20.
Ross recommended to the city to fire Overman.
A grievance hearing was held Oct. 17.
"The grievance
hearing was a sham as the outcome was pre-determined and the hearing
officer prejudicial to the Plaintiff," Bloom wrote in the complaint.
An appeal hearing on Nov. 20 also was "pre-determined," and the
termination was upheld, according to the complaint.
"These
disciplinary proceedings and the resulting imposition of termination were
a breach of the standard operating procedures; unfair, biased and
arbitrary," Bloom wrote. "They have caused Plaintiff to be damaged in his
professional reputation, to be damaged economically and in other ways to
be proven at trial."
Bloom asked for the disciplinary actions to
be rescinded, for Overman to be reinstated as a police officer, that he
receive compensation for lost income and benefits since his firing, for
his personnel record to be "sanitized" and that he be awarded damages for
the injury to his reputation. Blood also asked that Overman be awarded
attorney's fees for having to retain counsel through the disciplinary
procedure.
On April 10, Gallup jurors acquitted Overman of battery
on Vincent Azua of Gallup, who allegedly struck Overman first in the fight
at Pal Joey's.
According to testimony from that trial, Overman was
singing karaoke at the bar. Azua and a friend began taunting Overman as a
singer and as a police officer.
Azua followed Overman and Pena out
of the bar and a fight ensued. Some witnesses at the trial saw Overman
punch Azua but didn't see who threw the first punch.
Overman had
been indicted by grand jury of the charge. Pena was investigated but not
indicted by grand jurors.
Pena was also charged July 20 with
behavior unbecoming an officer and with unsatisfactory performance because
of the two off-duty incidents, according to the complaint. Pena was
disciplined with 35 days, which is 200 hours, suspension without pay.
"No other Gallup police officer had ever been disciplined for a
similar claimed infraction," Bloom wrote in the complaint.
Pena's only
crime was "being Daron Overman's roommate. He became part of the 'out'
club," Bloom said.
A grievance hearing was held Oct. 6. Bloom also
believed this hearing to be a "sham" because the hearing officers were
prejudiced against Pena, according to the complaint, which said an appeal
hearing Nov. 20 in front of attorney Richard Gerding of Farmington also
was pre-determined against Pena.
Bloom asked for the disciplinary
actions against Pena to be rescinded and for Pena to be awarded lost
income and benefits from the suspension period. He also asked that the
disciplinary action be removed from Pena's personnel file and that he be
awarded damages for injury to his professional reputation.
Bloom
also asked in the complaint for Pena to be awarded attorney's fees
incurred during the disciplinary process.
District Judge Joseph
Rich will hear the case.
Pena and Overman referred comment to
Bloom.
"We never had a chance at any time for a fair
(disciplinary) hearing," Bloom said.
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Zuni's Halona Inn rich in
history
Heather Armstrong
Staff Writer
ZUNI —
Steeped in history, the Inn at Halona in Zuni continues to charm visitors.
Elaine and Roger Thomas now run the inn and the Halona Plaza, but
the history behind the buildings goes back several generations. Elaine's
grandparents, Andrew and Effa Vanderwagen, moved to Zuni in 1897. There
they founded the Christian Reformed Mission. The Vanderwagens also
established the first store on the Mission Property in 1903.
The
Vanderwagens bought Halona Plaza as a market in 1910. Three separate
doors, visible from the northern entrance, tell of additions to the
original building. The doors grew in number as the building grew in size.
The original door is still in place, along with two newer doors. Various
family members ran the operation until Elaine and Roger purchased it in
1982.
Halona Plaza is now a small grocery, one of three in Zuni.
Twenty-four employees help run the operation, which sells lapidary
supplies and a wide assortment of groceries. Chester Fried Chicken deli is
set up in the back. It specializes in fried chicken but also
caters.
The Inn
The Inn is
nestled behind the plaza. What later became the main building of the Inn
at Halona was originally a home built by Bernard Vanderwagen in 1940. The
Thomases contracted Murphy Builders of Gallup to remodel the building,
converting it into a bed and breakfast in 1998. Murphy Builders owner,
Ricky Murphy, is the great-grandson of Andrew and Effa Vanderwagen.
The historical annex to the Inn at Halona dates back further. It
was built and inhabited by Andrew and Effa Vanderwagen in 1924.
Between the main building and the annex, the inn boasts eight
rooms and five bathrooms. One room is handicap accessible.
Groups are
welcome and catering is available. The meeting room in the main dining
area holds groups up to 20 people.
The rooms go for $79 per night
and are the only available lodging in Zuni. The Inn, operating under a
special contract with the Zuni tribe, sits on land that has been leased
from the tribe for more than 100 years.
The cozy rooms are draped
in vibrant colors. Locally crafted tables are scattered throughout the
inn. The Thomases said they try to use local artisans as much as possible.
The outside half-covered patio is full of greenery. Stately elm and
Russian olive trees reach to the sky and the succulent fragrance of
flowers in bloom wafts on an occassional breeze.
Elaine said that
before they opened the inn, the last available lodging in Zuni was
shed-like structures her mother rented out in the 1940s. Elaine joked that
visitors often don't know what to expect when they check in at the simple
plaza. She said they are often relieved to see that the modern rooms are
complete with the comforts of home.
Cooks from the deli prepare
breakfast for the guests. Lunch and dinner are available upon request.
Delicately carved fetishes are placed upon the guests' pillows in lieu of
mints.
The Thomases said that most of their business comes during
the week and most of their lodgers work for the Zuni tribe or hospital.
Out-of-towners usually find the Inn on the Internet or by word-of-mouth.
Families are rare, but the Thomases said that occasionally they will get
clients from back East whose children either learned or heard about Zuni
and were interested in seeing it for themselves.
Couple's beginnings
Roger Thomas, originally from
Chembery, France, met Elaine in Taos in the late 1960s. She ran an art
gallery there. He and several school buddies globetrotted around the world
before winding up in Taos.
The couple married and moved to Zuni in
1974. They managed the Halona Plaza store until they bought it in 1982.
They raised three children and added to and remodeled the inn and the
plaza.
During a recent interview, the cordial couple sometimes
finished each other's sentences. Elaine is a well-spoken woman who chooses
and speaks her words carefully. Roger is animated and full of stories that
he tells with a melodious French accent. His humor is apparent as he
imparts some unconventional tips about visiting Zuni.
"First, look
helpless," Roger said, adding that locals often take pity on hapless
lost-looking visitors.
What's the best part about running the inn?
"We meet an incredible variety of people," Roger said.
In
June, the Inn hosted a supper and concert on the patio, with dinner and a
performance by Ann Eisfeller, principal harpist, and Sara Tutland,
flutist/piccoloist for the New Mexico Symphony Orchestra.
"We just
wanted to start with a big splash something noteworthy," Roger said of the
event.
For more information, contact Elaine and Roger Thomas at
(505) 782-4118 or e-mail them at www.halona.com.
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Council overrides Begaye
Head
Start pay hike veto
Jim Maniaci
Dine'
Bureau
WINDOW ROCK — Head Start's 932 employees will get a big
paycheck soon as the Navajo Nation Council overrode a presidential veto by
a two-vote margin Friday.
The 3.5 percent cost of living
adjustment will be retroactive for almost a full fiscal year, going back
to Oct. 1, 2000, on top of the 2.5 percent increase received along with
all other tribal employees last fall. And they will take part in the
upcoming 2.5 percent increase that the council plans to approve next week
for the coming fiscal year that will begin Oct. 1.
But Head Start
proponents maintain that isn't anywhere near enough as salaries are way
below average.
Department Director Kaibah Begay told delegates the
figures in a Personnel Department list failed to add up and, in fact,
proved her point even more. The list showed the spread with other tribes'
Head Starts. Begay maintained the real figures were lower because Navajo
Head Start workers only get paid for 10 months, thus increasing the
disparities.
The fiscal year 2001 salary comparison showed an
entry-level Head Start teacher getting $21,653 in the Navajo program, but
Begay said it should have read $16,323. The highest-paid staff member is a
family services coordinator who would get $27,602 under the Personnel
Department listing. But Begay said it should have read $20,807.
The highest-paid staff was the Jicarilla Apache's, with a teacher
beginning at $22,729, reaching a maximum of $28,704. The neighboring Hopi
program offered $20,194 to begin, with a $27,321 maximum.
A family
service coordinator for Jicarilla got $29,982 to $32,050. The neighboring
Hopi program offered $18,295 to $24,752, according to the list.
Supporters of President Kelsey A. Begaye's veto said the
department skirted around the oversight authority of the Human Services
Committee, which is supposed to consider pay raises in any form.
Veto supporters also said it is unfair to the other 6,400 tribal
employees to give only one department's employees an extra COLA,
especially retroactive this late in the year. The new fiscal year will
begin in five weeks.
Begaye and his supporters have maintained all
along that Head Start was not answering their legitimate questions and
that its proposal violates the tribal personnel manual which allows
reclassification and merit increases, but not an extra COLA for only one
department, thus discriminating against all other employees.
A
government-wide pay scale and classification study that has been underway
for two years is almost complete, and the override will delay it some more
as the figures will have to be recalculated, the delegates learned.
On Sept. 19, the Personnel Department will present the study at a
joint meeting of the Budget-Finance and Human Services Committees during
an all-day session.
But override sponsor Delegate Wallace Charley
(Shiprock Chapter and Education Committee vice chairman) told the
Independent later he was somewhat puzzled by his neighboring delegate's
opposition to the override.
"Hogback Council Delegate Ervin
Keeswood tried to derail the override resolution by opening up debate when
in the past he has argued there should be no discussion of an override
resolution," Charley said.
He added that the Independent had
described the Government Services Committee chairman as a "powerful
delegate." Charley commented, "He may be a powerful legislator, but I
proved he's not that powerful at all."
Charley told the council
that reviewers had plenty of time to do their work and if they forwarded
the resolution without comment, delegates "would be doing their work for
them," especially the president's office. He added, "I consider that to be
after-the-fact discussion," he said of documents and lobbying done by the
Personnel Department and presidential staff.
Keeswood admitted
that it was the council's fault for not eliminating the disparity between
the salary levels of Head Start and other tribal workers.
Delegate
Harold Wauneka (Fort Defiance) asked for a salary comparison after saying
that the real issue was whether or not the council was conducting business
properly.
Fellow delegate Johnny Naize (Tselani-Cottonwood) said
Head Start only followed the council directive for programs to go out and
find outside revenue sources. He criticized Begaye and said the entire
raise is from a federal supplement.
Dorothy Smith of the
contracts-grants office asked, again, where the tribal match would come
from, and again did not receive an answer. She said $1.1 million still
will be needed despite $1.3 million already being claimed as a match
through a waiver.
Personnel Director Bernadette Benally said with
the override Head Start employees will be receiving their third COLA
within a year, including last November's, to go along with the 3.5 percent
and upcoming new fiscal year's 2.5 percent, or an increase totaling 8.6
percent. She also said Head Starters have received a total increase of
almost 71 percent compared to other tribal
employees' 59 percent in
the last two decades.
Benally concluded, "The classification study
was done to address these kinds of disparities. "It is designed to bring
all tribal salaries up to the regional market rate, she explained.
Delegate Duane Tsinigine (Bodaway-The Gap) said he supports the
intent, but not the way it was done.
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Grants Pirates, Shiprock
Chieftains
Michael Peretti
Staff Sports
Writer
SHIPROCK — The Grants Pirates opened up their season in the
same condition as they ended last season, injured.
It did not
matter though, as the Pirates picked up an impressive 40-0 win over the
Shiprock Chieftains Friday night in Shiprock.
Already with several
players missing from injury, some of the Pirate starters saw limited
playing time after getting injuries during the game.
Roshaun
McKinney left the game in the second quarter with a dislocated finger, but
returned to finish the game. Brandon Gutierrez left the game with a
sprained ankle and other players had to be helped off the field with
injuries. Both tackles, Eli Garcia and Kevin Jaramillo sat out the game
Garcia with a knee injury and Jaramillo with a broken rib. One of the
replacement tackles, Perry Stephens went down with an injury during the
game.
All the players with the exception of Jaramillo are expected
to play in next week's game against Gallup. Jaramillo is expected to
return in two weeks.
"We lack a lot of depth," said Grants head
coach Jerry Burns. He said that this week the top priority is for the team
to get healthy and get ready for the Bengals.
Burns said that he
was happy with the way the Pirates opened their season, but saw things
that need to be worked on. "We looked a little ragged," he said. We didn't
get in the right sets when we were supposed to. The effort was there. We
were hitting really well."
Burns said that he was especially
pleased with the play of Michael Gutierrez, Jessie Miera and George Vigil,
his guards.
Shiprock head coach Monte Maxwell said that there were
not very many positive things to take from the game.
"Marcus
(Benally) can still move, and that's good," he said. "Now we just have to
get some good blocks to open up holes for him. Our defense played well at
times but then they let down and let them score."
Maxwell said
that this week the team will regroup and prepare for their next game.
"We will look at the game film and see what we can correct."
The Pirates got two scores from McKinney in the first quarter.
McKinney scored on a 22-yard reverse play to open up the scoring.
He also had a two-yard run.
That last score was set up by a big
play right after a Shiprock punt. On the first play after the punt, Grants
quarterback Boudy Melonas found Floyd Brito open for a 52-yard pass play,
setting up a first-and-goal from the two-yard line. One play later
McKinney scored his second touchdown of the night. McKinney also ran in
the two point conversion to put the Pirates up 14-0.
In the final
minute of the first period, the Pirates got the ball off a punt and
Melonas took the ball 40 yards, followed by a 20-yard run by Vigil as the
quarter ended.
On the first play of the second quarter Melonas
found Michael Gutierrez open for a 20-yard touchdown.
Chieftain
running back Marcus Benally set up two scoring chances for Shiprock late
in the first half, but they could not capitalize. Benally had three big
runs of over 15 yards on Shiprock's first possession of the second
quarter, but the drive ended on a fourth-and-goal at the seven-yard line.
On the Chieftains' next possession Benally returned a punt 45
yards to the 11-yard line. Two plays later Melonas intercepted a pass to
keep Shiprock out of the end zone again.
With seven minutes left
in the third quarter the Pirates struck again. This time Vigil set up a
score for himself. On defense Vigil picked up a fumble and returned it to
the six-yard line. Three plays later Vigil took a handoff into the end
zone. Brito got a hand-off and took it in for the two-point conversion.
On the Pirates' next possession Johnny Gallegos got a pass from
Melonas and took it 53 yards for a touchdown. The two-point conversion was
knocked down.
Minutes into the fourth quarter McKinney, back from
his injury, got the handoff and broke several tackles, going 77 yards to
the final score of the game. The PAT was missed again.
Benally set
Shiprock up one more time in the fourth quarter, going 42 yards to the
9-yard line, but another interception ended the drive and the Pirates were
able to run out the clock.
Leading rusher for the Pirates was
McKinney, going 168 yards on eight carries with three touchdowns.
Benally went 132 yards on 22 carries for the Chieftains. Shiprock
picked up a total of 139 yards on the ground in the game.
Melonas went
7-for-12 with two touchdowns and 126 yards in the game.
The
Pirates picked up a total of 389 yards total to 158 total yards by the
Chieftains in the game.
Shiprock, (0-1) will host Moriarty next
Friday. The Pirates, (1-0) will play against the Gallup Bengals in Grants
Friday.
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Vote tally
Dine'
Bureau
WINDOW ROCK — Here is the Navajo Nation Council's vote on
the override of President Kelsey A. Begaye's veto of the $2.8 million Head
Start extra cost of living increase and other costs:
Yes (60, with
59 needed to pass) Ayze, J.C. Begay, K. Begay, L. Begay, O. Begay, S.
Begay, W. Begay, Bennett, Billy, Bitsoi, Charley, Clark, Cody, Daniels,
Dennison, Descheny, Freddie, Gorman, Hardy, Hodge, Hubbard, Hubbell, Jack,
Kirk, Lane, LaPahe, Lee, K. Maryboy, M. Maryboy, Milford, Mitchell,
Morgan, Naize, Nez, Noble, Ortiz, Peaches, Perry, Platero, Plummer, Ross,
Salt, Shelly, Simpson, Tolth, Tom, Tsosie, Watchman, E. Wauneka, H.
Wauneka, Whitehorse, H. Willeto, F.C. Willetto Sr., Williams, Yabeny, A.
Yazzie, B. Yazzie, D. Yazzie, P. Yazzie, S. Yazzie.
No (11)
Apache, Bedonie, Bodie, Colorado, Dayzie, Gishie, Howard, L. Jackson,
Johnson, Keeswood, Tsinigine.
Abstain (0).
Not voting (10) R.
Begaye, Jones Begay, Bilagody, Cohoe, Davis, Greyeyes, Hudson, E. Jackson,
Jones, Speaker Begay (only votes to break a tie).
Excused (7)
Arthur, Billison, Goodluck, Haswood, Jim, John, Maxx.
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Gallup Soccer
Staff report
ALBUQUERQUE — Junior forward Robb
Erickson scored a pair of goals to lift Gallup to its first soccer win of
the season with a 2-0 shutout over Belen Friday afternoon during the
Albuquerque Academy Invitational.
Gallup, now 1-1 in the
tournament after a 2-0 opening loss to host Albuquerque Academy, will have
played Farmington earlier this morning in a third round match. Farmington
lost to Moriarty in the first round but beat the Academy JV in the second
round.
"We came back much improved over yesterday (Thursday),"
Gallup boys coach Shaun Gill said. "We went to the ball more. We played
more as a team today as you can tell by the shots on goal."
Gallup
dominated on offense with 22 shots on goal versus just four for Belen.
Gallup finished with three keeper saves. Senior Jeremy Padilla had a pair
of saves and senior Ray Saucedo finished with one. Belen had five keeper
saves...
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New police chief wants citizens' ideas,
input
Bill Donovan
Staff Writer
GALLUP — Gallup's
new police chief is considering setting up a citizens' advisory board.
"What I am hoping is that this board would tell us what needs we
should be looking at," said Daniel Kneale, who was the guest at the
regular city press conference on Thursday.
Since taking over as
police chief earlier this month, Kneale has been trying to get a better
understanding of what areas community residents feel the department is not
addressing. As part of this effort, he indicated that he plans to meet
regularly with various community service groups.
What he does not
want, he stressed, is a citizens' review board which would have
supervisory authority over the police department, addressing complaints
and taking over much of the policy authority that now rests with the
police chief...
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School district still has free lunch program
Staff Report
GALLUP — Gallup-McKinley County
Schools administrators want to clarify that the district still has a free
lunch program for students who qualify.
With enrollment down this
year, principals at Church Rock Elementary and Tohatchi Middle School
asked parents why their children are going to different schools, said
district grants and public relations coordinator Larry Linford.
"It's because you don't have a free lunch program anymore," many
parents told the principals.
But students who qualify for a free
lunch will still receive one, Linford said...
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Navajo-Gallup pipeline: Alternates near $400M
each
Larry Di Giovanni
Staff Writer
GALLUP — Water
demands by the city of Gallup and Navajo Nation have resulted in the two
governments joining forces to expedite the planning of the Navajo-Gallup
water pipeline project. It's a massive proposal first envisioned 30 years
ago.
The north-to-south running pipeline, based on projected water
demands into 2040, would supply Gallup and the nation's largest tribe with
34,700 acre-feet of water. Of that amount, the city expected to deplete
its aquifer-fed water supply in about the next 12 to 14 years would
receive 7,500 acre-feet annually. The Navajo Nation would receive the bulk
of the amount for 43 New Mexico chapters. Window Rock would also be
served.
The water source is the San Juan River by way of Navajo
Reservoir, located northeast of Farmington.
One acre-foot of
water, which would cover one acre of land one foot deep, is enough to
supply an urban family of four for about a year. By 2040, the expected
municipal demand for the two entities is projected at 52,000
acre-feet...
Bodaway-Gap man dies in Marble Canyon
crash
Navajo Police all off search for missing 30-year old
Chinle man
Jim Maniaci
Dine' Bureau
MARBLE
CANYON, Ariz. — A 33-year-old Bodaway-The Gap man died Wednesday night in
a one-vehicle rollover at Marble Canyon, Navajo police report.
Starley G. Yazzie of Bitter Springs, the junction of U.S. 89 and
89A, was ejected and died at the scene south of Mile Post 529 on U.S. 89A
when the vehicle landed on top of him, according to the Tuba City district
report.
Officers don't know which of two occupants was driving the
2000 Chevrolet four-door Cavalier. The other occupant, Terrance Yazzie,
20, of Page, was taken to the Flagstaff Medical Center.
The wreck
was reported by an Arizona Public Safety Department Highway Patrol officer
around 10:45 p.m...
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Medicine man is sentenced in
rape
Andrea Egger
Staff Writer
GALLUP — A Brimhall
medicine man was sentenced to a year and a half in prison Friday in
connection with a rape on March 6, 2000.
District Judge Grant
Foutz imposed a sentence on Davidson James, 32, of three years in prison,
with a year and a half of the sentence suspended, Friday morning in
District Court at the McKinley County Courthouse. James was convicted of
the rape of a 29-year-old woman in a two-day trial in April.
"The
thing that bothers me the most about this is, this is a situation where
there was supposed to be a trust," Foutz said before
imposing
sentence. "That trust was violated."
Defense attorney Louis
DePauli asked Foutz to give James a probation sentence
only...
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