TUESDAY, November 20, 2018

Tribal code

Ask Donna

What actually matters in this document.

Text

Happy Hopi Holidays

TUESDAY, November 20, 2018

Volume 26 Number 19

Hopi has

Record

Voter

Turnout for

2018

Arizona

Elections

By: Romalita Laban,

Managing Editor and

Karen L. Shupla,

Registrar, Hopi Elections Office

Kykotsmovi, Ariz. – At 7:01

p.m. on November 6, 2018 the

elections were officially over

for the 2018 Arizona State Elections/County elections. The

Hopi Tutuveni contacted Karen

Shupla, Registrar - Hopi Elections Office who shared the following account of what occurred

on Hopi during the elections:

Navajo County was able to

share information with the Hopi

Tribe Elections Office, as of November 9, 2018 not all the ballots

had been counted and the county

was still reviewing the Provisional ballots. As of November

9, 2018, Coconino County was

not able to give numbers as all

staff was assisting one way or

another in the counting.

Hopi Tribe Facing Budget Cuts

Updates on the Hopi Tribe 2019 Budget Process

By: HOPI TUTUVENI STAFF

KYKOTSMOVI ARIZ. – On Friday,

November 9, 2018 the Hopi Tribal Council

gave direction and guidance to the recommending body, the Budget Oversight Team

(BOT) to bring a 2019 budget to the tribal council for review and possible approval on. Wilfred Gaseoma, Treasurer for the

Hopi Tribe, is leading the way to provide

the council what they have requested for the

2019 budget.

With that intent, Gaseoma has reported

to Hopi Tutuveni that he has to meet with

the different programs to conduct an analysis of how to work with each budget. The

Tribal council previously requested the

BOT to work with all programs to apply an

8% cut to the submitted 2019 budgets. The

BOT made recommendations to programs

with revolving account balances to apply

those balances against the submitted 2019

General Fund budgets. Although, programs

made the initiative to apply the 8% cut it

was determined by the council and BOT

that many programs will simply not be able

to operate with that type of cut. The 8% cut

to the proposed 2019 budgets is not realistic

and would essentially have some programs

only being able to provide for salaries and

not operational funds to carry out the goals

and objectives of the programs and would

severely impact services to the Hopi people.

“We made recommendations to the different

programs under the Hopi Tribe of having an

8% cut to the different programs, but with

my finding, certain programs within the

working Hopi tribe, cannot work with an

8% cut”. Gaseoma stated.

During the Tribal council meeting on

November 9, 2018, Gaseoma and the BOT

provided various budgets to demonstrate to

Council the different scenarios on how the

budget will look when applying the 8% cut

to all programs verses an 8% cut to certain

programs.

With the current 2018 budget exceeding

more than $20 million, Gaseoma explained

that the budget would be in the red by $6

million, which includes; expenses for the

2017 audit that took place this year and expenses for insurance claims that the Hopi

Tribe pays for. The Hopi Tribe will need to

thoroughly look for other solutions in the

future and to meet operational demands if

the budgets continue to reflect the same expenses in the future.

“With the tribe about to face a deficit, we

would have to dip into our investment coffers to balance the budget”. Gaseoma stated. More recommendations from the BOT

included using funds received via charging

increased indirect cost rates to the

Cont on Page 2

Little Colorado River Adjudication

Ninth Week Update

Cont on Page 3

Updated

Ordinance

12 Up For

Review By

Public

By LORI JOSHWESEOMA

COMMUNITY HEALTH

SERVICES

The Hopi Department of

Health & Human Services is

working to update the Food Ordinance 12 which was approved

by Tribal Council in 1989

through Resolution H-190-89.

The Department is interested

in public comments of the draft

ordinance and request your input. Presentations of the draft

food ordinance will be made

available in the community. All

comments should be received in

the Hopi Department of Health

& Human Services no later than

November 30, 2018. You may

contact Madeline Sahneyah,

Public Compliance officer at

7343-3403 or msahneyah@

hopi.nsn.us to obtain a copy

of the draft food ordinance or

for any questions regarding the

draft.

HOPI TUTUVENI

PO BOX 123

KYKOTSMOVI, AZ 86039

1000-01600-7460

ADDRESS SERVICE REQUESTED

Ordinance on Pg 8 and 9

Hopi’s Past, Present, and Future Water Claims map. (Picture provided by Hopi Lawyers)

By OFFICE OF THE CHAIRMAN

FOR IMMEDIATE RELEASE

The Hopi Little Colorado River water

rights trial continued into week nine in two

days of testimony on November 8 and November 9, 2018. The Navajo Nation finished

its case this week, calling Akmar Zaman,

head of its Department of Mining, and Dr.

Gilpin, an anthropologist.

Peabody Coal Company buys water from

both the Hopi Tribe and the Navajo Nation

to operate the coalmine. Prior to 2005, it

used approximately 4,000 acre-feet (af)

a year. Three quarters of that amount was

used for a coal slurry pipeline to the Mohave Generating Station on the Arizona/

California border. The Mohave Generating

Station shut down in 2004, and, since, then,

Peabody uses about 1,200 af of water a year.

There are 8 active wells that Peabody

drilled to obtain water. Seven (7) of the

eight (8) wells are on Navajo land and Navajo Partitioned land. One well is located

on Hopi land. Regardless of where the wells

are located, after 1987 Peabody has paid an

equal amount for the water to both Hopi and

Navajo.

In the past and present water trial, the

Court has been asked to allocate the water

that Peabody has used between the Hopi

Tribe and the Navajo. The major parties

have proposed different ways to allocate

past water use. The federal government has

asked to allocate based upon title to the land

on which the mine is located. This would

split the past water use approximately 30%

to Hopi and 70% to Navajo. So, for example, if present use is 1200 af, then Hopi will

be allocated 360 af (1200 times .30 equals

360 af).

Hopi claims that the past water use should

be allocated 50/50, reflecting the actual water payments made by Peabody since 1987.

The water comes from the N Aquifer a common resource between Hopi and Navajo,

and the payment reflects the actual negotiated agreement between the parties. A 50/50

split also mirrors the split of coal royalties

on the Partitioned lands.

The Navajo Nation claim is that it should

get 7/8th of the water based upon the location of seven wells on Navajo land. This

would give Hopi about 12.5% of the past

water use. Alternatively, the Navajo Nation

claim an allocation should be made based

on coal sales or coal production. Coal royalties on the Partitioned land is split 50/50

between Hopi and Navajo; but coal royalties on solely Navajo land are paid 100% to

Navajo. Using coal production in 1982, the

highest past use of water for the coalmine,

Navajo asks for an allocation of 88% of the

water to Navajo and 12% to Hopi.

Mr. Zaman was called to testify about

coal sales and coal production. In cross-examination, the Hopi lawyers pointed out that

coal sales and production vary from year to

year, resulting in the split of royalties varying from year to year. In 1987, as Peabody

had mined more and more from the Navajo

sole mine property because the royalty rate

was less there, the parties negotiated a new

agreement giving Hopi an additional payment for the disproportionate share of the

mining, equal water payments, and a promise that Peabody would level things out in

the future. After 1987, the Hopi percentage

of the coal sales and production increased

into the 30% to 40% range, with a high of

43%.

Dr. Gilpin was called as an anthropologist

EDITORIAL

COLUMN

COMMUNITY

Hopi to DC: Sharing Hopi

Culture with the world.

Read more about the Journey

LARRY’S CORNER

“Thanks For Giving“

Read about why Larry is

so thankful for this year.

“Forgetful Rabbits“

a walk to remember

Alzheimer’s disease. Read

more about it.

More on Page 3 and 10

More on Page 5

PUBLIC

More on Page 4

to rebut Hopi testimony from Dr. Charles

Adams. Dr. Adams testified that the historical past high population for the Hopi Tribe

was about 12,000 at the time before the

Spanish contact in 1540. Utilizing that population number and multiplying the population by 2.5 acres (the amount of farm acres

need to feed one Hopi in historical time),

an anthropologist can estimate the past use

of water from the Northern Washes needed

for farming. Dr. Gilpin testified that, in his

opinion, the highest population of the Hopi

was 8,000 in 1300. Relying upon a study

of Southwestern population from 1200 to

1600, Dr. Gilpin pointed out that the high

point for population in the Southwest rose

to a peak in 1300, and gradually declined

to 1600.

Anthropologists rely upon the counting of

rooms in ancient Pueblos to estimate population. They use as a standard 1 to 2 people

per room. This is not an exact science as all

pueblos have not been excavated and counted, estimating rooms in a three-story Pueblo

that has collapsed is difficult, and size and

households must be estimated.

In cross examining Dr. Gilpin, the Hopi

lawyers brought out that Dr. Gilpin had not

done any study himself on the issue of population. He had simply decided to follow

one anthropological report over another anthropological report written by Dr. Adams.

While in general Native American population declined in the Southwest between

1300 and 1600, Dr. Adams contends that

Hopi population grew and then remained

steady until shortly before the Spanish contact. Hopi grew due to population aggregation and migration.

The sole remaining witness in the past

and present trial is Dr. Whiteley,

Cont on Page 2

Hopi Celebrates

National Diabetes Month

Read more about the

Celebration

More on Page 4

Page 2

November 20, 2018

Hopi Tutuveni

Little Colorado Update, Cont.

who was not able to testify in October

due to a medical emergency. He will

testify on Monday, November 26. The

opposition has moved to exclude him

claiming he has no new evidence to present that the Court has not already heard.

That issue will be decided the week of

November 19.

Closing argument for the Hopi Tribe

and federal government is still scheduled

for the morning and now afternoon of

December 17, and December 18 for the

Navajo and other objectors. This week

the Court gave the Hopi and United

States additional time: one and ½ hours

of Hopi, and one hour for the federal government. The objectors (Navajo,

State Land Department, City of Flagstaff, SRP and the Little Colorado River Association) have two and one-half

hours between them.

The Court also kept the pretrial conference on the future trial to the afternoon

of December 17. The Court will discuss

trial procedures for the December 2019

future water trial.

Hopis Conclude Testimony

in First Phase of Little

Colorado River Adjudication

Closing Arguments Set for

Dec. 17 and 18

By OFFICE OF THE CHAIRMAN

FOR IMMEDIATE RELEASE

Hopi witnesses and experts concluded

their testimony recently in the first phase

of a water rights trial that is both one of

the longest-running court cases in Arizona history and also potentially will have

the biggest impact on the future of the

Hopi.

More than 30 witnesses testified about

the Hopi past and present use of water

on the Hopi Reservation before Special

Master Susan Ward Harris. The Court has

set closing arguments in the trial Dec. 17

and 18.

The Hopi case has been separated into

three trials, the current one on past and

present water use on the Hopi Reservation; the next trial (in 2019) focused on

water needs for the Hopi Reservation to

serve as a livable and permanent homeland for future generations; and a third

trial for the Hopi lands south of the Hopi

Reservation. The date for the third trial

has not been set.

The Little Colorado River stream adjudication began in 1978 to determine

conflicting water rights in the basin.

There are many competing demands for

water, including the Hopi Tribe, who has

lived in the area the longest; the Navajo

Nation; the United States government;

non-Indian communities (such as Flagstaff, Winslow, Show Low, Snowflake,

Springerville, St. Johns, and Holbrook);

commercial and industrial interests (such

as Salt River Project and Arizona Public

Service); and numerous other individual

and commercial interests.

The stream adjudication is designed

to quantify claimants’ water rights, both

federal and state law rights, and to determine claimants’ priority to the limited water supplies in the Little Colorado

River basin. As the Little Colorado River stream adjudication does not involve

claims to the Colorado River, which is

outside the basin, the Hopi Tribe’s claim

to Colorado River water is not part of this

adjudication.

Although the Little Colorado River stream adjudication began 40 years

ago, the rights of the claimants to water

have not yet been determined. The Hopi

Tribe’s water rights in the Little Colorado

River basin were the first to be heard in

the current phase of the trials, which began in September.

Witnesses, including Tribal leaders,

have appeared in the Maricopa County

Superior Court over the past nine weeks

to tell the Hopi story--the long history

and unique culture of the Hopi people,

and the vital role that water has played in

sustaining Hopi life, culture and religion.

Due to actions of the U.S. Government, which serves as a trustee for both

the Hopi and Navajo Tribes, since 1882

the Hopi Tribe is surrounded geographically by the Navajo Nation in northern

Arizona.

LEGALS

Hopi Tribe Budget, Cont.

grant programs and some that have revolving accounts. Mention of utilizing

funds received from third party billing

funds to offset the budget also occurred.

Some BOT members claimed the step

would decrease the deficit by $1.2 million however the process is not that simple to apply to all the programs which

were created by Tribal resolutions with

specific purposes written into resolution

language and which cannot just be applied in the manner which was described.

Rescinding passed resolutions, which

have occurred over time, could detrimentally affect certain programs resulting in possible ending of those programs,

which some Council members expressed

concerns about and the impacts it might

have on the people. Additionally, with

the closing of Navajo Generating Station

(NGS), the biggest funding source for

the Hopi tribe, the tribe will be facing a

huge loss of royalties that were given by

the Peabody coal company. “We would

get 12 million per year from royalties

from the Peabody coal, now next year we

will not be getting anything come June

2019”. Gaseoma stated.

Gaseoma reported that the upside to

all of this process is that no one will be

loosing their job and that is one thing

the Hopi tribe does not want to resort

to. Gaseoma stated that, the people who

work for the Hopi tribal government will

secure their jobs for next year. He further

explained some downsides however may

be that the Hopi tribe may have to dip

into the investment coffers to balance the

budget which it has done in the past and

in order to provide for a balanced budget.

Additional upsides to the process includes villages will receive the amounts

submitted with their original 2019 budget figures. A new program called Hopivewat program will also be included in the

2019 the budget.

The timeline to get the budget passed

is dependent on the process going before Tribal council for review and clarification during the 2019 First Quarter

meetings, which start on December 1,

2019. The exact date is yet to be determined when Council sets its Agenda.

Gaseoma and the BOT have been tasked

with bringing back figures which Council helped to define during the November

9, 2018 meeting and which does not include an 8% cut but is more realistic and

is not requiring programs with revolving

funds to apply balances against the general fund budgets submitted.

Gaseoma also stated, “We want to

have certain revolving account programs

to become self-sufficient, so we will be

working with them to see if they can apply for certain grants to become self-sufficient.” Gaseoma added, “The cuts are

not over, but we are trying to find a solution to our budget problems.”

Gaseoma’s final statement, “Yes this is

a temporary drawback with our budget,

but I have hopes to having a thriving,

prosperous working tribe in the near future.” Tribal council will be the final deciders on the outcome of the 2019 budget

and we can only hope for the best for the

Hopi Tribe.

Dates for the Little Colorado

River Settlement Trial

Held at: Maricopa County Superior Courts

East Court Building

6th Floor - Courtroom 613

(Located on southwest corner of 1st Ave. & Jefferson streets)

101 W. Jefferson

Phoenix, AZ, 85003

Little Colorado River Settlement Trial Dates

November 2018

Week of November 25, 2018:

Monday, November 26, 2018 10:30 a.m.

December 2018

Phase I - Past and Present – Phase I Closing Arguments

Week of December 16, 2018:

Monday, December 17, 2018 10:30 a.m.

Tuesday, December 18, 2018 10:30 a.m.

Phase II – Future – Phase II Pre-trial Conference

Court will discuss trial procedures for the

December 2019 Future Water Trial on the following dates:

Week of December 16, 2018:

Monday, December 17, 2018 1:30 p.m.

HEALTH

3 Common Diabetes Myths

Debunked

By: STATEPOINT

November is American Diabetes

Month, and a good time to sort fact from

fiction regarding this serious disease.

Here are three common diabetes

myths -- debunked, with the help of Nutrisystem Certified Diabetes Educators

(CDEs) and Courtney McCormick, dietitian for Nutrisystem.

Myth: I’m a healthy weight -- I

can’t get diabetes.

Fact: Although there’s a clear connection between being overweight or obese

and developing type 2 diabetes, genetics

and other lifestyle factors can also play

a role.

Prediabetes can sometimes be an early-stage development of type 2 diabetes,

and its risk factors (other than weight)

include:

•Polycystic ovary syndrome: Fairly common in women, stay attuned to

symptoms such as increased hair growth,

weight gain and an inconsistent menstrual cycle.

•Older age: Prediabetes risk increases after age 45, according to the Mayo

Clinic.

•Family medical history: A family history of blood sugar-related health complications increases prediabetes risk.

•Gestational diabetes: Women who

experience gestational diabetes (diabetes

developed during pregnancy) are more

likely to develop prediabetes. Additionally, if your baby weighed more than

nine pounds at birth, you’re at greater

risk, according to the Mayo Clinic. Men,

aren’t off the hook. This increased risk

extends to the children of women who

had gestational diabetes.

•Inadequate sleep: Certain conditions

causing sleep disruptions can be a recipe

for insulin resistance.

Myth: People develop diabetes because they eat too much sugar.

Fact: Although consuming excess cal-

ories can contribute to being overweight,

which is associated with type 2 diabetes,

sugar is not the singular cause of diabetes. Type 1 diabetes is the result of genetics and additional unknown factors and

type 2 diabetes is the result of a combination of genetics and lifestyle factors.

Myth: If I have diabetes, I can’t

have carbs or dessert.

Fact: Generally speaking, individuals with diabetes can follow the same

healthy diet recommended for the general public and can even enjoy sweet treats

in small portions on special occasions.

Carbs are a necessary part of a healthy

meal plan. Just pay attention to portions.

Optimal carbohydrate counts will vary

by person, but the American Diabetes

Association recommends starting with

45-60 grams per meal, and tweaking depending on how your body responds.

Some good carbs to consider? Whole

grain breads, pastas, rice and cereals,

plus starchy vegetables like potatoes,

peas and corn. Fruits, beans, milk and

yogurt also count toward daily carbohydrates. On the Nutrisystem D plan,

which is designed for people living with

type 2 diabetes, milk and yogurt are considered “PowerFuels,” even though they

provide some carbohydrates. Many people are advised to enjoy these foods with

fruit to prevent nocturnal hypoglycemia.

It’s important to have a good understanding of the risks, causes and precautions associated with diabetes. Although

preventative measures can’t be taken

against type 1 diabetes, according to

the American Diabetes Association, research suggests that you can lower your

risk for type 2 diabetes by 58 percent by:

•Losing seven percent of your body

weight

•Exercising moderately 30 minutes a

day, five days a week

Eat well, be well and know your risk

factors for diabetes, this month, and every month of the year!

November 20, 2018

Hopi Record Voter

Turnout, Cont.

Navajo County Hopi polling sites voter turnout was

GREAT with the following details by polling site outcomes:

•1st Mesa LDS (Polacca) polling site pulling in 216

ballots issued - 212 voted regular ballots with 4 voting

provisional ballots.

•Sipaulovi Youth/Elder Center (Toreva) 93 ballots issued- 75 voted regular ballots with 18 provisional ballots.

•Kykotsmovi Community Center (Oraibi) 225 ballots

issued- 206 voted regular ballots with 19 provisional

ballots.

As of November 9, 2018, the provisional ballots were

still being verified at the County elections office and

534 over all turned out which was great for Hopi. Hopi

usually has an average of 175+/- turnouts for an election

over all.

If you voted a provisional ballot and were told you

needed to provide more identification it was due to the

Elections office no later than 5 p.m. on November 13,

2018 so that votes would be counted. Please share this

information with others who voted a provisional ballot.

Karen Shupla stated, “Askwali – thank you to the

Hopi public for getting out and being a part of history

by getting the Native Vote Out. Because Hopi cares our

voting numbers have elevated and we look forward to

getting every eligible voter on the right path to exercise

their vote. Remember 2020 will be the next Presidential

election so getting ready now will help to ensure your

vote gets counted.”

For more information the Hopi Elections Office can

be contacted at 928-734-2507.

Polequaptewa May

be Sentenced up to

10 Years in Federal

Prison for

Computer Hacking

Picture by Nikishna Polequaptewa (nikishna.com)

NICOLA T. HANNA

US Attorney Central District of California

FOR IMMEDIATE RELEASE

LOS ANGELES – An Arizona man has been convicted of federal computer intrusion charges for deleting

electronic files after hacking into computer systems operated by an Irvine-based company where he used to

work.

Nikishna Polequaptewa, 36, of Phoenix, was found

guilty Tuesday afternoon by a federal jury. Following a

five-day trial, the jury convicted Polequaptewa of one

count of unauthorized impairment of a protected computer and causing over $50,000 in loss.

Beginning in April 2014, Polequaptewa worked at

Blue Stone Strategy Group, which provided consulting services to Native American tribal governments

throughout the United States. In addition to his consulting responsibilities, Polequaptewa led information

technology and marketing at Blue Stone.

In November 2014, Polequaptewa was relieved of

IT and marketing duties after he began falling behind

on work. Following this change in responsibilities,

Polequaptewa was assigned to a consulting project in

Florida for the Seminole Tribe. While on that project,

Polequaptewa deleted Blue Stone’s website and marketing materials that the company had developed over

eight years.

Polequaptewa resigned in Florida and continued to

delete Blue Stone files, including client information,

Blue Stone work product, and the company’s backup

files held by a third-party. Polequaptewa’s final deletion was done by sending a “wipe” command to a Blue

Stone desktop computer in Irvine.

In court documents, prosecutors described Polequaptewa’s actions as “a coordinated campaign to delete information and data.” Polequaptewa’s deletions

cost Blue Stone over $50,000 to assess the damage and

respond to the offense.

During the time of the criminal conduct in 2014, Polequaptewa lived in Garden Grove

As a result the guilty verdict, Polequaptewa faces a

statutory maximum penalty of 10 years in federal prison when he is sentenced on February 25, 2019 by United States District Judge Cormac J. Carney.

The investigation into Polequaptewa was conducted

by the Federal Bureau of Investigation. The Broward

County Sheriff’s Office in Florida and the Irvine Police

Department provided assistance.

This case is being prosecuted by Assistant United

States Attorneys Vibhav Mittal and Bradley E. Marrett

of the Santa Ana Branch Office.

Hopi Tutuveni

Page 3

Hopi to DC: A Journey to Share our Culture with the World

By: Duane Allen Humeyestewa

KYKOTSMOVI, ARIZ - At sunrise, on the morning of November

14, 2018, the journey from Hopi to

Washington, D.C commenced with

positive high spirits and a quest to

share Hopi culture with the world.

After several months of careful

planning and preparation, a delegation of about 30 Hopi Tribal members navigated their way to Flagstaff

to begin the flight to sunny Phoenix,

Ariz. for the connection to Washington, D.C. via an invitation from The

National Museum of the American

Indian (NMAI) for the first ever

Hopi Festival, a celebration of arts

and culture. It was wonderful to be

greeted by rain and snow in Washington, D.C. as the Hopi delegation

traveled to various sites and became

acquainted with their orientation of

an unfamiliar place. The hosts were

exceptional, and the executive staff

of the museum welcomed the Hopi

group with warm hospitality.

In his opening remarks on the

first day of the Hopi Festival on November 17, 2018, Kevin Gover, the

Director of the National Museum of

the American Indian welcomed the

Hopi Tribe, and later mentioned in

an aside, “For the first time in the

history of the museum, it’s a great

honor to host the Hopi Tribe in a

rare offering and this festival is a

perfect time to experience the culture and arts of the Hopi people.”

The participating members in the

Hopi delegation were hand selected

to serve as ambassadors of the Hopi

community, and to represent their

specific expertise and experience in

the arts and culture of the Hopi people. The common threads throughout all Indigenous cultures, from

around the globe, are the language,

life ways and art forms. The National Museum of the American Indian

is part of the Smithsonian Institution and is committed to advancing

knowledge and understanding of

the Native cultures of the Western

Hemisphere past, present, and future through partnerships nurtured

with Indigenous communities.

Over the centuries, Hopi has endured as a sovereign nation, retaining its culture, language and religion

despite influences from the outside

world. During the all-day, two-day

festival, the Hopi delegation was

tasked to share artist demonstrations, performances of music and

dance, and a presentation of the history of the Hopi.

The Hopi Festival at NMAI allowed visitors to the museum an

immersive experience in Hopi culture and artistry, revealing the very

essence of today’s Hopi people and

the ideas that pervade their daily

lives. Hopi Chairman, Tim L. Nuvangyaoma highlighted that, “This

experience of travelling to Washington, D.C. provides us a great

opportunity to introduce Hopi to

other people. It is still interesting to

discover how very little knowledge

people have about Native communities, especially our people and the

truths about how long we’ve been

thriving as a community.”

Bruce Talawyma went on to add,

“Since time immemorial, the Hopi

way of life accorded the people of

the villages to maintain a profound

knowledge and respect for the earth,

and to live as peaceful and humble

stewards of the practices passed

down from generation to generation.”

Chairman Nuvangyaoma continued by saying, “With only oral

tradition, it’s been proven and quite

possible for Hopi society to transmit

cultural knowledge and teachings

without a formal writing system.

The best way to showcase and share

aspects of Hopi culture is to first establish a context and platform, and

that’s where the National Museum

of the American Indian comes into

play. With the invitation from the

Smithsonian Museum we are able to

properly teach and share with visitors from all over the world the authentic story of our people.”

Native tobacco grows outside the

National Museum of the American

Indian, along with corn, and a number of other crops you don’t expect

to see in the shadow of the Nation’s

Capital. Most museums on the National Mall are landscaped with

seasonal flowers and plants. These

crops, representing some of the agricultural traditions of Native Americans, are just one indication of how

this museum sets out to be different.

As part of the opening ceremonies, Hopi Chairman Nuvangyaoma presented a gift, a Hopi basket

and corn as a spiritual and symbolic gesture, to Director Gover, with

powerful kind words by saying,

“What I would like to offer to you is

a gift of life - Corn. Let it continue

to feed your people in this area and

for all the people across the world

to prosper.” Nuvangyaoma continued by adding, “I’m hoping we will

see some Hopi corn outside the next

time we visit the museum garden.”

This year’s festival was filled

with events and performances, utilizing multiple locations within the

five-story building. The Hopi Youth

Color Guard from the Hopi High

School JROTC program presented

and retired the colors at the beginning and end of each day. The first

show in the morning each day, to

open the festivities, was a performance of the Hopi Corn Dance, followed by a presentation of The History of Hopi with Bruce Talawyma

in the Rasmuson Theater.

Talawyma was introduced by

Melissa Bisagni, NMAI Festival

Programmer, and she opened her

remarks by first acknowledging the

original caretakers of the land near

Washington, D.C., the Piscataway

Indian Nations of Maryland and

Virginia, and she said, “I also want

to acknowledge the vibrant native

communities that live in D.C. today.”

For the first program in the Rasmuson Theater, Bruce Talawyma

established some context for the Qaʼ

ö - Hopi Corn Dance for the visiting

audience members by talking about

the Hopi dance group he stated,

“When we were first invited to the

Smithsonian, we got together a mixture of individuals from different

villages on Hopi to form the dance

group. The corn dance is a representation of the main crop that we use

on Hopi.” He went on to add, “Corn

is what we live by, corn is what we

use to pray, corn is what we use to

bring a new child into the world.

Corn is everything to us.” Talawyma

continued with adding more contexts to the reasons for performing

the Hopi dances, by describing the

landscape and dry terrain on Hopi

and the need for moisture. “The

Hopi Corn Dance is also a representation of our prayers for rain.”

Drew Lomayaktewa, who celebrated his birthday over the weekend, is a young twenty-four year old

Hopi leader who was at the helm for

providing the songs and costumes

for the Hopi dance group. “I’m very

proud of being Hopi, and being able

to share our culture with many other people from around the world. I

want to keep our traditions alive. I

feel inspired by being able to stay

strong and continue to create songs

for our dances.”

The Hopi Dance group was able

to perform four different social

dances throughout the day, on both

days November 17 and November

18, 2018. The performances included, Qaʼ ö - Hopi Corn Dance,

Wuyak Voli - Hopi Big Butterfly

Dance, Nygumon Tota - Hopi Corn

Grinding Dance, and last but not

least, Pavalhik - Hopi Water Maiden

Dance. Each program presentation

in the Rasmuson Theater was filled

with positive energy and support

from the audiences, with standing

ovations for the dance performances

each day.

Lomayaktewa was supported by

Hopi singers from other villages,

who also served double duty as artist presenters, dancers, demonstrators, and cultural ambassadors, including former Miss Hopi, Brennyn

Masawytewa, Hopi Chairman, Tim

L. Nuvangyaoma, Craig Andrews,

Duane Koyawena, Willis Humeyestewa, Tate Rex Yoiwyma Sr. and

Tate Rex Yoiwyma Jr. Additional

support for the dance group was

provided by, Bruce Talawyma and

the legendary coach Rick Baker

from the Hopi High School.

Audiences were delighted to witness Rickey Gene Baker offer a

presentation on the culture and history of Hopi running. The program

included a screening of the short

film “Run Hopi” which was featured on ESPN, with Coach Baker

providing remarks and details on

the race atmosphere on Hopi, the

long legacy of being the only team

in U.S. history to win back-to-back

consecutive state titles for more than

25 years, and the longstanding community support of the Hopi High

Cross Country team. Baker closed

his presentation with a few words of

encouragement and life lessons by

saying, “Nahongvita. Be

Pictures and continuation on Page 10

HOPI JR./SR. HIGH SCHOOL

NOTICE OF REQUEST FOR PROPOSALS

Request for Proposals No. 19-HJSHS-0001

Proposal Due Date: November 16, 2018 Time: 4:00p.m. MST

School Address: Hopi Jr. /Sr. High School

Hwy 264, MP 394, Behind Hopi Law Enforcement Services

Keams Canyon, AZ 86034

Hopi Jr. /Sr. High School (“HJSHS”) is pleased to issue this Request for Proposals (RFP) for Internet Technology (IT) Services and Infrastructure. HJSHS is seeking proposals from entities licensed in providing services

described under the terms and conditions set forth herein. Hopi and Native American owned organizations and

enterprises are especially encouraged to submit proposals. The project is identified as providing Technology

Services (hereinafter the “Project”). The project includes-:- providing comprehensive IT Infrastructure support

services; network engineering technical services and on-site labor and support necessary to enhance HJSHS’

information management capabilities on desktop and on servers. Update, maintain and optimize servers, workstations, cell phones and other equipment to maximize the efficiency for School staff in providing good customer

services, quick response times (including on evenings and weekends) and proactive suggestions for improvement to the technology infrastructure. The Offerors shall provide and include all transportation and services

necessary for the delivery of the goods described in the Project as set forth herein. HJSHS is an organization of

the Hopi Tribe, per Hopi Tribal Resolution H-11-95 (Adopted December 28, 1994), under a grant issued by the

Bureau of Indian Education Programs pursuant to P.L. 100-297 and the Tribally Controlled School Grant Act

(Grant School serving 7th - l2th grade students).

Competitive sealed proposals for the following materials and services specified will be received by Hopi Jr. /

Sr. High School, at the above specified location, until the time and date cited. Proposals received by the correct

time and date shall be opened on November 19,2018 at 4:00PM, and the name of each Offeror will be publicly

read. Proposals must be in the actual possession of the School on or prior to the exact time and date indicated

above. Late proposals will not be considered.

IT Services as stated in the Request for Proposal from November, 2018 until June 30, 2019. Proposals must

be submitted in a sealed envelope to the above address with the Request for Proposals number and the Offeror’s

name and address clearly indicated on the envelope. Price/Cost proposals shall be included in the Proposal packet in a separate, sealed envelope to be considered after consideration of all other factors. All proposals must be

completed in ink or typewritten and one (1) original and three (3) copies must be submitted. Additional instructions for preparing a proposal are provided in the Request for Proposals, which may be obtained at the School.

Offcrors arc strongly encouraged to carefully read the entire Request for Proposals. Native American and Hopi

Offerors are strongly encouraged to respond. Refer any questions regarding this Request for Proposals to: Dr.

Steven Berbeco, Superintendent, Hopi Junior Senior High School, P.O. Box 337, Keams Canyon, AZ 86034,

(928) 738-1401

Page 4

Hopi Tutuveni

Alzheimer’s & Dementia

Awareness Walk on Hopi

Forgetful Rabbits

November 20, 2018

Health Fair Held on

Hopi during the 2018

National Diabetes

Awareness Month

Family and friends of the “Forgetful Rabbits” walked to honor their loved ones who are of

the Rabbit Clan and are affected by Dementia/Alzheimer’s Disease on November 11, 2018 in

Polacca, Arizona. (Photo proved by sender)

Visitors exercise to Native American music during the last part of the event at the Veteran’s

Center on November 13, 2018 (Picture by Carl Onsae/Hopi Tutuveni)

Marcella Silas, Rabbit Clan Member and Mardelle Silva during 2016 Arizona Walk to End

Alzheimer’s, which is an annual event, held at the State Capitol in Phoenix, Arizona (Photo

provided by sender)

By: Marcella Silas

Rabbit Clan Member

Polacca, Ariz. - November 11, 2018, on

a cool and bright Saturday morning, family and friends of the “Forgetful Rabbits”

joined to honor their loved ones who are

of the Rabbit Clan and are affected by

Dementia/Alzheimer’s Disease.

Earlier in the week family took time to

clean the “bunny trail” and held a “craft

night” activity to make purple ribbons

and posters. The day of the walk, family wore their best bunny ears and fluffy

tails, painted noses and whiskers, and

set out to send their message of love and

support in honor to their “Forgetful Rabbits.”

It was a dream come true that began

with a couple of grand daughters who

decided to join the fight against this disease. They started by inviting family to

join the Arizona Walk to End Alzheimer’s, which is an annual event, held

at the State Capitol in Phoenix. Team

“Forgetful Rabbits” entered and only

a handful of rabbits & extended family

were able to make the trek to Phoenix for

the walk.

This year, the two mile walk was

brought home, where many family and

friends joined! The gathering started

with prayers and encouragement from

family to honor our loved ones and to

care for our parents, our children, and to

always help others in need, and to carry on our Hopi language and culture.

The walk started along the Polacca Airstrip Road and ended at “Rabbit Lane”

in Lower West Polacca where the 50+

group gathered for a free meal of traditional food! Prayers and purple balloons

were released at the finish line. Food,

music and meeting up with family and

friends ended the successful event. Family plan to hold this event annually.

“The Dementia Umbrella” has several

types of the illness: Vascular, Alzheimer’s, Dementia with Lewy Body (DLB),

Fronto-Temporal Dementia (FTD), and

Parkinson’s Dementia. Arizona statistics

show there are over 140,000 Arizonan’s

over the age of 65 who have been diagnosed with dementia.

The Alzheimer’s Association is constantly fundraising to help find a cure for

this brain disease which affects people

with no regard to race, religion, or culture; symptoms and behaviors are the

same no matter where we come from.

Friends or family close to a person affected by early stages start to notice

problems with memory or concentration, challenges in social or work setting,

losing or misplacing valuables, and increased trouble in planning or organizing. People with early stages may still

function independently, may still drive,

or have memory lapses. People in the

middle stages have greater difficulty performing tasks such as paying bills, living independently, and appear to become

more frustrated or angry and acting in

unexpected ways. Taking a bath or saying “I just took one last night” when in

fact it’s over a week, are typical routine

things a person will refuse to do. At this

point, more damage to the nerve cells in

the brain can make it difficult to express

thought and perform routine tasks. Safety is a major concern for people in the

middle stages, as well as them forgetting

events or one’s personal history. The late

stages cause an individual to lose their

ability to respond to their environment

and their cognitive skills worsen and significant personality changes take place.

At the late stage individuals may need 24

hour personal care and become vulnerable to infections. Communicating pain

becomes very difficult.

Hopi has approximately 30 or more

individuals who have been diagnosed

with some form of dementia. Many of

our elders may not be diagnosed but are

cared for by family and caregivers, accepting their condition as old age. Other

fortunate elders are strong physically and

mentally who are still able to function

with limitations.

Our Hopi communities are in continuous need of education about this brain

disease. Some village members and

programs don’t understand dementia

and decide to exclude elders who are “at

risk for hurting others or themselves”,

yet are physically capable of basic functions. One elder was told she could not

return to the elderly center because she

was upsetting others. Rather than taking

a proactive and supportive approach, she

was excluded when in fact we should

encourage community engagement, support their capabilities, and offer the joy

of being in a social setting with others.

The families of team “Forgetful Rabbits” thanks family and friends for joining them and to people who donated

food, water, and their time to make the

event a success! The families also send

a big “thank you” to the Arizona Department of Transportation for posting signs

along the walk route. We are truly blessed to have the support and care from everyone who participated!

For services to families, the Office

of Aging & Adult Services at the Hopi

Tribal Complex can be reached at (928)

734-3552. Also, Banner Alzheimer’s Institute is a resource for a many services

and organizations. Nicole Lomay is the

Native American Community Outreach

Representative who can be reached at

(602) 839-6858.

Participants visit the various booths at the Veteran’s Center on November 13, 2018 (Picture

by Carl Onsae/Hopi Tutuveni)

By: HOPI TUTUVENI STAFF

KYKOTSMOVI, ARIZ – The Hopi

Wellness Center staff kicked off November 2018 by celebrating the Diabetes

Awareness Month with a health fair designed to bring awareness of the diseases

that the Hopi communities face.

The Hopi Veteran’s Memorial Center

hosted the event on November 13, 2018

by starting the fair with a 1-mile fun run/

walk. In addition to having the run/walk,

informational booths, cooking sessions,

and workout sessions were provided

throughout the fair and through the end

of the event.

The Hopi Special Diabetes Prevention

program and the Wellness Center staff

wanted to bring more awareness to the

community by making it more fun and

informative to draw members from the

Hopi communities. The event also consisted of having the Community Health

Representatives (CHR) program being

present at three booths where free health

screenings, instructions on how to change

an infant’s diaper, and information and

data about sexually transmitted diseases

and HIV was provided. Additional information at one booth reported that there

are now 5 plus cases of HIV positive patients here on the Hopi reservation.

The cooking sessions demonstrated by

the Hopi Wellness Center staff showed

participants how to bring new life to preparing simple local fruits and vegetables.

Participants learned how to make unique

and delicious treats that aren’t very expensive or too difficult to prepare.

People from all over the Hopi reservation attended the fair. Those that wanted

to further their knowledge about the different diseases that we face on the Hopi

reservation and to learn new ways to prepare their fruits and vegetables got to experience the fair and visit with the different Hopi Tribal programs which served

as a creative medium to the people, while

giving advice to the community. The

community was not only “fed” advice,

they were also fed from the cooking session, as well.

The last part of the event included having the Hopi Wellness Center staff leading the participants in ways to work off

their meal. Participants engaged in learning a lesson on using Native American

music to work out and give them a sense

about how one can work out with any

type of music. With the night complete,

the participants from the Hopi communities went home with a bag full of incentives and information about the fair. With

such events, the Hopi tribe will be one

step closer to providing awareness to the

people and fulfilling its goal of having a

better and healthier future.

November 20, 2018

Page 5

Hopi Tutuveni

PUZZLES & GAMES

Tic-Tac-Toe

Happy Hopi Thanksgiving

from Larry and his owner.

Be safe, and have fun

Larry’s Corner

Connect the Dots

Picture provided by 1funny.com

Thanks for Giving

By LARRY WATAHAMAGEE

The Hopi Tutuveni

Find the English words

for the Hopi words.

Across

Down

1. Tso’omti

2. Yu’am

3. Tuva

4. Silaqvu

5. Yuwsi

6. Tuwanta

8. Kwaatsi

7. Wuusi

9. Qe’ti

10. Kwisto

10.Ööva

11. Mamqasi

12. Alöngta

12. Moosa

13. Öönga

15. Sis’vi

14. Haa’lay

16. Tihu

17. Lolma

18. Paati

Answers in next issue

Answers for November 6th edition

Across

4. White, 5. Listen, 7. Lightning, 9. Laugh, 11. Tell, 13. Wait, 14. Hummingbird, 16. Babysit, 18. Skill,

20. House

Down

1. Winslow, 2. Strong, 3. Plaza, 6. Sunny, 8. Howellmesa, 10. Help, 12. Wind, 15. Rain, 17. Yellow,

19. Red

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Find the Hopi Words

Noova - Food

Tumna - Potato

Niitiwta - Abound

Ooyi - Full

Patnga - Pumpkin

Tsùyaki - Appreciation

Tunösmoki - Gizzard

Tuupe - Roast (Meat)

Kyatku - Bite

Sowawàyku - Gobble Up

Öönga - Salt

Pekyenvölaviki - Bread

Wìipala - Gravy

Sölö - Savor (Spec.

Kyeeso - Butter

Tsöngmoki - Hungry

Taste)

Tsaatsayom - Children

Hàalay’unangwa - Hap-

Ènangwa - Side Dish

Noovata - Cook

piness

Kwangwanova - Sweets

Wutnova - Corn Bread

Tuutsama - Invite

Kìvingtota - Thanksgiv-

Tutkita - Cut

Lewìipi - Jam

ing Celebration

Kwangwa - Delicious

Mùmtsi - Knead (Dough)

Koyongsikwi - Turkey

U’utspi - Dessert

Yu’am - Mother

Meat

Nöönösa - Eat

Kyelmuyaw - November

Natwani - Vegetables

Nà’am - Father

Siiwi - Onion

Muki - Warm

Naasana - Feast

Qopqo - Oven

Söhövosi - Wheat

Nopna - Feed

Muupi - Piki (Rolled)

Isali - YUMMY!

When I was a small kitten, Thanksgiving was a very special time when we

were in grade school, why? Well, because

right after you eat turkey it’s Christmas of course. When you’re in school,

you create turkey drawings out of your

traced hands and paws on construction

paper and you get to write to your parents for what you are thankful for. See,

there were no politics of Thanksgiving

when you’re a kid, your kid and kitten

mush head brain doesn’t know the difference between the murder of Natives

and why Natives hate white people so

much, shoot, I always wanted to wear a

hat with a buckle on it, and I thought it

was cool. I never wanted to be an Indian

cause they didn’t have cool hats. But as

you grew older, you finally figure out the

true meaning of Thanksgiving, and it’s

not just tracing your hands and creating

a turkey to give to your mom later, it was

so much more than that.

See, Natives have been on the front

line of fighting injustice about Thanksgiving, yes we know the wishy-washy

history where pilgrims landed on the

Americas and almost died due to no

food or no help. Then the story goes

that Natives came along and helped

them through the harshness of the winter

months, and in all of that it became a tradition to have football on Thanksgiving

Day along with the Macy’s Thanksgiving Day parade.

Now your probably wondering why

most Natives don’t celebrate Thanksgiving, well because of the way western

society has treated Natives, through exploitation, murder and all the bad words

that come with that, so they think if they

celebrate a past full of hate and murder

they are contributing to the mass of a

disdained holiday. But as a kitten like I

was, we weren’t shown the truth about

the history of Thanksgiving, and here I

always thought Thanksgiving was only

on one day where your mom would yell

at you for not helping in the kitchen

cause your busy watching football with

your dad in the next room. Then when

all the yelling was done, you get to eat

turkey, that’s what I thought Thanksgiving was about. I guess I was sort of blind

to the real history of Thanksgiving.

See, I was taught in school through

a book that probably was written when

the pilgrims still haven’t landed in the

Americas yet. Yeah, our school could

not afford nice updated textbooks, so our

books contained racial slurs and misinformation about the history of Thanksgiving and other history as well, but I

think you get what I mean.

Well, in Hopi’s sense of history I

find that it’s a bit different, because we

weren’t on the cusp of that type of history, where pilgrims landed and we had

to feed them. I’m sure if pilgrims came

to the Hopi mesas we probably would

have a naming ceremony for each and

every one of them, then have a dance for

them and then we would probably sell

our arts and crafts to them. Sure we had

our downfalls with western society but

that does not change the fact that we can

celebrate Thanksgiving here on the Hopi

mesas, if we choose to.

Ever since the rise of social media,

younger and more vocal Natives have

spoken out due the mistreatment of

Natives. That’s good and all, but yes

every native here on the Americas, has

experienced some form of tragedy, but

that should not make us move forward

too quickly. Of course on social media, we fight the injustice of all Native

Americans, like the issue of changing

the Washington NFL football team logo

to something else. I mean that team has

been there for a very long time, in honor of the Natives according to the team

owners and if you read between the lines

their perspective was that it’s cool that

Natives have a logo pertaining to Natives.

When America has a tragedy we immediately write about it on social media,

but we are so wrapped up in ourselves

that we view other tragedies as something we don’t care about anymore. Take

for example, 9/11/2001 where the two

planes carrying passengers and terrorists struck the Twin Towers in New York

City, causing mass hysteria and an impediment of not moving forward. When

some Natives heard about how many

deaths there were, they immediately

spoke of how many deaths there were

in the past like at Wounded Knee and

compared what the United States did

to the Natives and described it as having the biggest terrorists here in the US.

It was like some of those Natives were

trying to prove that we had the winning

numbers in a mass genocide and that the

white man is paying for it, in some way

or another.

Another example is that when Spaniards came to the Hopi mesas, our ancestors were tortured for not converting to

Catholicism, but some of us choose not

to remember that far into the past and

keep “re-remembering” that past and be

angry at the Spanish. It seems like such

a contrast too that many Natives love

Mexican/Spanish food, too. My point

is that we all had experienced a form of

a “9/11” one way or another, we can’t

compare one genocide to another, all we

can do is move forward and learn from

it.

When I learned more about the true

history of Thanksgiving, I told my parents and they were in shock with the information that I learned, but that didn’t

stop us from having Thanksgiving. See,

each family or each Native family will

have a tradition of celebrating or not celebrating thanksgiving, but that’s up to

them. I’m not self centered when I eat

another plate of turkey, mash potatoes

and gravy, I don’t think of the past where

Thanksgiving was a tragedy, I look at it

where I can spend the time I have with

my family eating turkey, watching football, and then watching the Macy’s

Thanksgiving Day parade. There are no

talks about deaths, murder, or genocide,

but there are talks about being thankful

for the different situations that have presented themselves.

My advice to you is that we can’t hold

ourselves to the past, find the goodness in the past and not the past that we

should remember. If you like turkey, go

ahead and have turkey, and if you want

to talk about the misfortunes of the past,

it’s ok to talk about it as long as if you’re

not dwelling on it. Also, if your into

history of Native America, don’t make

a huge fuss about past, all we can do is

better the future in a small way, so when

our future remembers the past, they will

remember us as a successful past, not as

a past full of regrets and misfortunes.

Want to ask Larry something? Email him: meowatlarry@gmail.com

CLASSIFIEDS

Page 6

JOB OPENINGS

JOB OPENINGS

First Mesa Elementary School

Job Openings S.Y. 2018-19

The Hopi Foundation

November/December 2018 Job Announcements

Open Until Filled

Business Manager

IT Manager

(1 positions) Hopi Foundation Program Director (FullTime; 40 hours/week)

The Program Director is a key member of the senior management team and has primary responsibility for management

and oversight of The Hopi Foundation’s fiscally sponsored

projects and services. The Program Director works with the

Executive Director to assist with designing and implementing The Hopi Foundation’s communication strategy and Program-based resource development activities. The Program

Director works collaboratively with The Hopi Foundation’s

senior management team to ensure quality daily operations

and may be delegated additional management responsibilities

when the Executive Director is unavailable. The Program

Director reports and is accountable to The Hopi Foundation’s

Executive Director.

Accounting Tech. (Full-Time; 40 hours/week)

The Accounting Tech (AT) works in the financial division

of our organization providing direct support to the Financial

team accountancy services to our various small and medium

sized projects. The Accounting Tech works directly with the

Finance Director and Deputy Finance Director to support accounting and financial accountability for all members of the

Management Team including the Executive Director, Program Director(s) and Program Managers. S/he reports to and

is accountable to The Hopi Foundation’s Finance Director.

Marketing Coordinator (Part-Time; 20 hours/week)

The Marketing Coordinator has primary responsibility

for coordination of The Hopi Foundation’s marketing and

outreach for its community programs, services and activities. The Marketing Coordinator works with the Executive

Director, Program Director(s) and/or Managers to assist with

designing and implementing the Foundation’s communication strategy and program-based marketing activities. The

Marketing Coordinator works collaboratively with staff to

ensure timely and quality communication to our constituencies and may be delegated additional communication responsibilities as needed. The Marketing Coordinator reports and

is accountable to The Hopi Foundation’s Executive Director.

KUYI Hopi Radio Development & Marketing Coordinator (Full-Time; 40 hours/week)

The Development and Marketing Coordinator is primarily responsible for fundraising and resource development to maintain KUYI operations. Main focus is on raising non-Federal

financial support through underwriting, merchandise sales,

donors, contributions, planned giving, in-kind donations of

goods and services, memberships, volunteer recruitment, and

general station support through outreach. Position reports

to KUYI Station Manager and works closely with The Hopi

Foundation (HF) staff to ensure financial reporting and management of station resources and financial contracts.

Hopi Opportunity Youth Initiative Program Associate

(Full-Time; 40 hours/week)

The HOYI Program Associate is primarily responsible for

assisting the HOYI Program Manager with strategic pathway

development, communication and engagement of current and

newly engaged community partners, and the implementation

of overall HOYI goals and objectives. HOYI objectives

include data collection, facilitation of partnership activities,

and direct communication with external partners, agencies,

and individual stakeholders. This position is subject to other

project tasks as assigned and reports directly to the HOYI

Program Manager.

HOPI Substance Abuse Prevention Center Mentor (FullTime; 40 hours/week)

Mentors provide support, education and methods for recovery, prevention and awareness. Techniques include one-toone mentoring, group mentoring, educational presentations

and prevention awareness. This position is based in Kykotsmovi with mentoring sessions and presentations scheduled

throughout the Hopi community. Mentors report to the

HSAPC Program Manager.

Natwani Coalition Program Manager (Full-Time; 40

hours/week)

The Program Manager is primarily responsible for the overall management of the Natwani Coalition and supervision

of project staff, volunteers and interns to ensure programming deliverables are met. S/He will develop, maintain and

facilitate projects, communication, and community organizing to meet program goals with the support of community

members, collaborators, Community Advisory Board (CAB)

members and other interested individuals. This position

reports directly to The Hopi Foundation Program Director.

Natwani Coalition Program Associate (Full-Time; 40

hours/week)

The Program Associate is primarily responsibility for assisting the Program Manager in coordination and oversight of

the Natwani Coalition programs, initiatives, and services.

Working with the Program Manager, the Program Associate

will assist in implementing the Natwani Coalition’s activities

including data collection facilitation of partnership activities,

and direct communication with external partners, agencies,

and individual stakeholders. This position is subject to other

project tasks as assigned and reports directly to the Natwani

Program Manager.

Natwani Coalition Program Coordinator (Full-Time; 40

hours/week)

The Program Coordinator is primarily responsible for the coordination of Natwani Coalition programing activities. S/He

will develop, maintain and facilitate projects, communication, and community organizing to meet program goals with

the support of community members, collaborators, Community Advisory Board (CAB) members and other interested

individuals. This position reports directly to The Natwani

Coalition Program Manager.

All positions are based at The Hopi Foundation located in

Kykotsmovi Village, AZ with exception of KUYI Development & Marketing Coordinator and are Open Until Filled.

Salaries are based on education, skills and experience. Basic

fringe benefits will be provided, however health, dental, and

vision insurance are not available at this time. Applications

and full position descriptions are available upon request and

can be picked up and returned to The Hopi Foundation c/o

Executive Director:

The Hopi Foundation * PO Box 301, Kykotsmovi, AZ 86039

* Ph: (928) 734-2380 * info@hopifoundation.org

www.hopifoundation.org

*Salary is based on education and experience

Employment requirements:

•Valid Arizona Driver’s license.

•Suitability for employment must be established with

an intensive background investigation - Local, State/

County and Federal.

For inquiries or employment applications:

Contact Alvanessa Waters - 928-737-2581 ext. 104

Email: alvanessa.waters@bie.edu or visit our website:

www.fmes.bie.edu

(applications are available on the website)

**PO Box 750, Polacca, Arizona 86042** PH:

928.737.2581

The Hopi Economic Development Corporation

Job Openings-Open until filled

Line Cook

This is a part time position and requires some experience

working in the restaurant environment. The successful candidate must be willing to work a flexible schedule, including

some weekends and evenings plus work well in a fast-paced

environment. Interested candidates can pick up an application at the Cultural Center.

Motel Clerk

This part time position requires some experience working

with the public and handling cash transactions. The successful applicant must be willing to work a flexible schedule

including some weekends and evenings. This position requires a positive, outgoing personality and the ability to work

with minimal supervision. Interested parties can pick up an

application at the Cultural Center.

Office Administrator

This fulltime position is available at the Walpi Housing

complex. The position requires a minimum 1-year office experience including handling cash transactions and providing

customer service. The successful applicant must be able to

work with minimal supervision and problem solve when necessary. This fulltime position comes with benefits. Interested parties can pick up an application at the Cultural Center.

Interested persons can pick up an application at the Hopi

Cultural Center or request or by emailing csmith@htedc.net.

DNA-PEOPLE’S LEGAL SERVICES

Job Opening

PUBLIC DEFENDER STAFF ATTORNEY

Keams Canyon, AZ

•PUBLIC DEFENDER MANAGING ATTORNEY – Keams

Canyon, AZ

•MANAGING ATTORNEY—Keams Canyon, AZ

•MANAGING ATTORNEY – Flagstaff, AZ

•STAFF ATTORNEY – Flagstaff, AZ

•STAFF ATTORNEY – Farmington, NM

•MLP ATTORNEY—Farmington, NM

•I.T. DIRECTOR—Window Rock, AZ

•LITIGATION DIRECTOR—Window Rock, AZ

How To APPLY: Send Resume with References,

Cover Letter, & Writing Sample

To: HResources@dnalegalservices.org

Direct: (928) 283-3206; Fax: (928) 774-9452

DNA is an Equal Opportunity/ Affirmative Action Employer.

Preference is given to qualified Navajo and other

Native American applicants.

Second Mesa Day School

Employment Opportunities

Certified

Exceptional Student Services Teacher

Elementary Teacher

Exceptional Student Services Director

Classified

Bus Driver

All positions are required to undergo an intensive

background check.

Full-time positions will receive full benefits to include

employee paid Medical, Dental Vision & 401 (k). To

obtain employment application and position description log on to www.smds.k12.az.us. Questions or

inquires please contact:

Janet Lamson, Human Resource Technician

(928) 737-2571 ext. 4212

Second Mesa Day School

P.O. Box 98 Second Mesa, AZ 86043

Ph: 928-737-2571 Fax: 928-737-2565

PUBLIC ANNOUNCEMENT

Hopi Family Assistance Program

(TANF Program)

45 Day Public Comment Period

The Hopi Family Assistance Program is

currently conducting a 45 day comment

period on the new Hopi Temporary

Assistance to Needy Families (TANF) Plan.

The Hopi/Tewa people are encouraged to

provide their comments regarding the new

plan. All Hopi Tribal Members can request a

copy of the new TANF plan by calling

928-734-2202. Written comments can be

mailed to: Hopi Family Assistance Program,

P.O. Box 123, Kykotsmovi, AZ 86039 no

later than December 26, 2018.

FOR SALE

SOMETHING TO SELL?

This space could be yours to sell your car, clothes,

furniture, electronics, etc. It’s fun and easy to sell

something on the Tutuveni classified section.

For more info on how to sell your items in the Hopi

Tutuveni Call:

928-734-3283or email:

consae@hopi.nsn.us

Hopi Tutuveni

wants to know how

we are doing.

Call or email us to tell us if we

are doing a good job. We need

your feedback

928-734-3283 or rlaban@

hopi.nsn.us

November 20, 2018

HOPI TUTUVENI

STAFF

Managing Editor

Romalita Laban

Assistant Editor

Carl Onsae

EDITORIAL

BOARD

Kyle Knox

Curtis Honanie

George Mase

Hopi Tutuveni

the Hopi Tribe

P.O. Box 123

Kykotsmovi, AZ 86039

Ph: (928) 734-3281

Ph: (928) 734-3283

CIRCULATION

The Hopi Tutuveni is published

twice a month, with a circulation of 2,500 copies throughout

the entire Hopi Reservation. The

paper is delivered on the 1st and

3rd Tuesday of each month to

the following locations: Moenkopi Travel Center, Moenkopi

Legacy Inn, Hotevilla Store,

Kykotsmovi Village Store, Tribal Government Complex, Hopi

Cultural Center, Hopi Health

Care Center, Polacca Circle M,

Keams Canyon Store.

SUBSCRIPTION RATE

$40 for 6-months/USA

$60 for 12-months/USA

ADVERTISING

Call 928-734-3283

TRIBAL COUNCIL

Timothy L. Nuvangyaoma,

Chairman

Clark W. Tenakhongva,

Vice Chairman

Theresa A. Lomakema,

Tribal Secretary

Wilfred L. Gaseoma,

Tribal Treasurer

Alfonso Sakeva, Sr.,

Sergeant-at-Arms

Village of Upper Moenkopi

Bruce Fredericks

LeRoy Shingoitewa

Robert Charley

Philton Talahytewa, Sr.

Village of Bakabi

Clifford Qotsaquahu

Davis Pecusa

Village of Kykotsmovi

David Talayumptewa

Phillip Quochytewa, Sr.

Danny Honanie

Herman G. Honanie

Village of Sipaulovi

Rosa Honani

Alverna Poneoma

Village of Mishongnovi

Craig Andrews

Pansy K. Edmo

Rolanda Yoyletsdewa

First Mesa Consolidated

Villages

Albert T. Sinquah

Wallace Youvella Sr.

Submission

Guidelines

The Hopi Tutuveni wants to

hear from you! We welcome

the submission of articles, press

releases, letters to the editor, and

Opinion Editorials (Op-Ed).

Submission should be sent

electronically as a Word doc or

pasted as text into the body of

an email message. Information

on each of the submission types

is provided below.

ARTICLES:

The Hopi Tutuveni welcomes

original articles reporting

on local, state and national

news items on issues related

to Hopi or of interest to

Tutuveni readers. We are especially interested in articles

reporting on issues impacting

the Hopi community or on

events and activities involving

members of the Hopi Tribe.

Submissions must include

the and complete contact

information of the author,

including mailing address,

telephone number and email

address. Articles should not

exceed 750 words and should

follow Associated Press (AP)

style and formatting. The

Managing Editor reserves

the right to edit articles for

style, length and clarity. If

significant editing is required,

the Managing Editor will

communicate with the author

prior to publication.

PRESS RELEASES:

The Hopi Tutuveni welcomes

press releases from local, state

and national organizations,

agencies, departments and

programs. Press releases must

be submitted on official letterhead and include the name

of the organization, contact

person, telephone number

and email address. Press

releases should not exceed

500 words and submissions

may be edited for length and

clarity at the discretion of the

Managing Editor. The Hopi

Tutuveni publishes press

releases as a public service

and does not guarantee

that all submissions will be

published.

LETTERS TO THE

EDITOR:

Letters to the editor provide

an opportunity for readers to

respond to articles published

by the Hopi Tutuveni or

to share opinions about

issues impacting the Hopi

community. Letters should

not exceed 250 words and

must include the name of the

author and complete contact

information (address, phone

number or email address) and

the headline and date of the

article on which you are commenting. Anonymous letters

and letters written under

pseudonyms will not be published. The Tutuveni Editorial

Board reviews all submissions

and reserves the right not to

publish letters it considers

to be highly sensitive or potentially offensive to readers,

or that may be libelous or

slanderous in nature.

OPINION EDITORIALS:

Do you have an interesting

opinion or provocative idea

you want to share? The Hopi

Tutuveni invites fresh and

timely opinion editorials

(e.g. Op-Eds) on topics that

are relevant to our readers.

Opinion Editorials are a

powerful way highlight issues

and influence readers to take

action. Submissions must be

exclusive to us and should

not exceed 1,000 words.

Include with your submission

your name and complete contact information, along with a

short 2-3-sentence bio.

SUBMISSION

INSTRUCTIONS:

Please submit all press

releases, articles, letters to the

editor and Opinion Editorials electronically as a Word

document or as plain text in

the body of an email to the

Managing Editor, Romalita

Laban, at RLaban@hopi.nsn.

us. Articles, press releases

and editorials that include

photographs must be in high

resolution, 300dpi or more

and must be your own All

photographs must include

photo credit and a caption

for each photo listing the

names of all persons included

in the photo and description

of what the photo is about.

All submissions must include

the name of the organization and/or author, mailing

address, phone number and

email address. The Hopi

Tutuveni is published on the

1st and 3rd Tuesday of the

month and all submissions

must be received the Tuesday

prior to publication date (call

928-734-3283 for deadline

schedule).

November 20, 2018

Letter from the Managing Editor, Romalita Laban

As the Managing Editor, I want

to share with Hopi Tutuveni readers

a few reflects about the past eight

months with Hopi Tutuveni. First,

I wish to say how happy I am that

the Tutuveni Office has not missed

a publication since Carl Onsae, Assistant Editor and I have been on

staff. Second, I want to extend my

appreciation to everyone who has

contacted me with messages of welcome, but also questions and concerns about the newspaper. I value

the feedback and I want readers

to know that your opinions matter.

I know that there are many in our

Hopi and Tewa communities who

value the Hopi Tutuveni for the information it provides for us all.

We have made changes to the

layout and thus far comments and

critiques have been very positive.

We will continue to monitor suggestions and recommendations and

appreciate the contacts. During the

past eight months, time has flown

by, I have heard from many in Tribal government and in the community voice concerns about the future

of the Hopi Tutuveni and whether

the paper should be permanently de-funded of H13 funds. I’m

pleased to say that it hasn’t and resuming publication has been a top

priority of mine since day one and

especially in light of hearing about

budget cuts. We know the end product of the Tutveni isn’t perfect and

we will continue striving to bring

what our readers are requesting.

In addition to improving the quality of reporting, we are continuing

to add new features that incorporate Hopi lavayi. Input from the

community is important and I welcome your suggestions and feedback as we move forward towards

improving the newspaper.

Askwali and happy holidays and

reading!

Hopi Arsenic Mitigation Project Indian Health

Services Update

Time line of project with projected dates (Photo provided by sender)

By: ALEXANDRA LITOFSKY

ENVIRONMENTAL ENGINEER

POLACCA, ARIZ. – November

13, 2018, Division of Sanitation Facilities Construction Office of Environmental Health and Engineering,

Indian Health Service (IHS) provides the following as an update to

the current Hopi Arsenic Mitigation

Project (HAMP): Project Summary

Problem - Four public water systems (PWS) in First and Second

Mesa are not in compliance with

the federal Safe Drinking Water

Act (SDWA). Those systems exceed the maximum contaminant

level (MCL) concentration of 10

parts-per-billion (ppb) for arsenic

(As). The water supply wells for

Shungopavi, Upper Sipaulovi and

Mishongnovi, Lower Sipaulovi and

Mishongnovi, and the First Mesa

Consolidated Villages (FMCV)

contain naturally occurring levels

of as which range from 12–35 ppb.

Solution - The HAMP is a collaborative effort led by the affected villages, the Hopi Tribe and the

Hopi Utility Corporation (HUC), in

collaboration with the United States

– Environmental Protection Agency

(USEPA) and the IHS. Two existing wells in the Turquoise Trail

area will supply SDWA-compliant

water to each of the affected PWSs

through a water transmission system that will presumably be operated by the HUC.

Project Progress

A Preliminary Engineering Report in 2014 evaluated possible

alternatives and recommended

an alternative to seek funding. In

Page 7

Hopi Tutuveni

April 2018, IHS and EPA identified

$14M in funding and projected the

possible availability of an additional $4M by 2020. Multiple adjustments to the 2014 recommended

alternative have been evaluated

since that time in an effort to improve the simplicity of future operations, reduce future operational

costs, increase system reliability,

and eliminate the need for Tribal

contributions beyond that required

for power extensions. These latest

recommendations and evaluations

are currently under review. A project schedule has been developed.

Based on a conservative project

completion schedule, the US-EPA

Enforcement Branch has agreed to

extend its required As MCL compliance time line until December

31, 2023. The IHS in collaboration

with the Tribe, the Villages, and the

HUC will do all that it can to accelerate the construction schedule

in advance of the compliance deadline.

Upcoming activities- IHS is coordinating with Villages, the HUC,

and the Hopi Tribal Council to finalize water main alignments in accordance with the IHS 10% design

plans and available funding. Survey work for proposed tank locations and route deviations must also

be conducted with Tribal archaeologists. The HUC will be developing

contract documents for an electrical

power extension to the Turquoise

Trail Wells.

Public presentations - The IHS

presented a HAMP update to the

Hopi Tribal Council Water/Energy

Committee on October 19, 2018.

Update presentations to Hopi Tribal

Council occur on a quarterly basis.

Additional presentations to other

groups can be scheduled upon request.

For more information about engineering plans, please contact Alex

Litofsky, Environmental Engineer

at (928) 737-6283 and alexandra.

litofsky@ihs.gov OR James Carter,

District/Project Engineer at (928)

537-0578 ext.205 and james.carter2@ihs.gov

The mission of the Indian Health

Service (IHS) is to raise the physical, mental, social, and spiritual

health of American Indians and

Alaska Natives to the highest level.

The Sanitation Facilities Construction (SFC) Program is the environmental engineering component of

the IHS health delivery system. To

support the IHS mission, the SFC

Program provides technical and financial assistance to American Indian tribes and Alaska Native villages

for cooperative development and

construction of safe water, wastewater, and solid waste systems and

related support facilities.

Funding Summary

Currently Estimated Total Project

Cost (Excluding power): $19.0M

Previous Contributions:

EPA: $1.0M

Current Contributions:

IHS: $11.0M

EPA: $3.0M

Conditional Funding:

IHS/EPA: $4.0M

Total Funding: $19.0M

Power line Extension:

Tribe: $1.1M

Wishing you a safe

and festive

Holiday from all of us

at The Hopi Tutuveni

Hopi Tribal Council

Approves New

Applicants for Tribal

Membership

On November 5, 2018 the Hopi Tribal Council approved a total of 35 enrollment applicants for membership into the Hopi Tribe, and that the following named

enrollees or their sponsors have authorized to publish

their names in the Hopi Tutuveni.

Based on Tribal Council’s action the total Hopi Tribal Membership as of November 2018 is: 14,569. Please

note that the Tribal Membership is increased throughout the year as Hopi Tribal Council approves new enrollees and is decreased when deaths are reported and

Hopi Tribal relinquishments occur.

Bacavi Village Affiliation:

Haiden Jai Fredericks

Hotevilla Village Affiliation:

Daisy Bea Colgrove

Elizabeth Rose Colgrove

Samuel Alexander Colgrove

Elena Celeste Soza

Matthew Gabriel Soza

Oraibi Village Affiliation:

Christian Luis Carreto

Sipaulovi Village Affiliation:

Jai Neil Puhumunvaya

Mishongnovi Village Affiliation:

Alde Lee Howato

Sichomovi Village Affiliation:

Laiklyn Amrey Adams

Sara Devan Collateta

Christian Rosario Cupa Garibay

Jonathan Farrell Garibay

Dawahoita Homer-Sheldon Siikyungpu

Tewa Village Affiliation:

Everett Ray Youyetewa

SPECIAL NOTE: The Hopi Tribal Enrollment Office is continuously requesting assistance from members of the Hopi Tribe to update their current address

with the Enrollment Office, of individuals who are now

residing off the Hopi reservation or have returned back

on the reservation. It is especially crucial for adult Hopi

members (21 years and over) who are residing off reservation as they will be summons for Hopi Tribal Jury

Duty if they have an on-reservation address on record.

To update address, please contact the Enrollment Office at (928)734-3152 or by postal mail at: Hopi Tribe

Enrollment Office/ P.O. Box 123 - Kykotsmovi, AZ

86039 **FOR HOPI TRIBAL JURY DUTY SUMMONS QUESTIONS CALL CAROL OVAH-CHIEF

COURT CLERK, AT THE HOPI TRIBAL COURTS

AT: (928)738-5171

HOLIDAY IDEAS

Kids’ Holiday Gift

Ideas that Build

Social Skills

By: STATEPOINT

Protecting Our Youth to Strengthen Our

Community

2nd Annual Youth Empowerment

Conference

Ages 8-18 years old

December 27, 2018

9:30 am—3:00 pm

Location: Peace Academic Center

#1 Hopi Mission School Rd.

e

om

s

e

Aw ives!!

nt

Ince

For More Information Please Call:

(928)737-6342

Sponsored by the Hopi CHR Program

J oi n U

a da y

Fun

s for

of

For young children,

social-emotional development is one of the most

valuable aspects of school

readiness. This holiday

season, focus on toys

and gifts for preschoolers

that will build children’s

empathy, communication

skills and the ability to

resolve conflicts and navigate challenges.

Here are a few gift ideas

that do just that.

Experiential Gifts

A petting zoo can be

a great place for kids to

learn about compassion.

A puppet show may teach

important lessons about

making new friends or

learning how to navigate

challenges. The gift of an

experience will be an exciting life-long memory

and a great opportunity

for you to spend time together while kids hone

important skills.

Interactive Toys

Those who want to help

children learn important

lessons might consider

putting Zoonicorns at the

top of their holiday gift

lists. Fun and engaging

animated music videos,

game apps, books and

online activities capture

children’s imaginations

while offering parents and

children an opportunity to

work through and overcome obstacles together.

Kids can watch inspir-

ing music videos like

“Yes, You Can!” on YouTube and play along with

the soft and cuddly plush

Zoonicorns, which are a

combination of a unicorn

and zebra. The new Wish

Me Zoonicorns by Jay@

Play have four touch

points where children

may interact with them.

When kids kiss the Zoonicorn on the nose the horn

glows and kids can make

a wish.

The animated videos

stories focus on tools children can use to identify

and solve problems for

themselves through the

comforting animal characters of the Zooniverse.

Board Games

Playing age-appropriate card games and board

games is a great way for

kids to learn to follow

rules, take turns, cooperate and be a good sport.

Card games such as Uno

and Go Fish make great

stocking stuffers. As

for board games, think

classics like Candyland,

checkers and Chutes and

Ladders, or go for newer

games designed specifically to familiarize kids

with letters, shapes, numbers and colors.

This holiday season,

consider how the gifts

you give young children

can help foster their social-emotional development.

Page 8

CHAPTER 1 – GENERAL PROVISIONS

Section 12.1.1 Purpose

The purposes of this Ordinance is to safeguard

public health and assure that food is provided

in a safe, unadulterated and reliably-presented

manner on the Hopi Reservation. It is to establish reasonable rules and regulation for the

sanitary and safe maintenance and operation

of food establishments on the Hopi Reservation.

Section 12.1.2 Sovereign Immunity

Nothing in this Ordinance shall be deemed or

construed to be a waiver of the sovereign immunity of the Hopi Tribe, its officials, its entities or employees acting within their official

or individual capacities.

Section 12.1.3 Definitions

BUSINESS LICENSE: A document provided

by the Hopi Office of Revenue and Finance

COMMISSARY: A food establishment used

for preparing, fabricating, packaging, and

storage of food or food products for distribution and sale through the food establishments

own facility.

CONSUMER: A person who is a member of

the public, takes possession of food, is not a

function in the capacity of an operator of a

food establishment or food processing plant,

and does not offer the food for resale.

FOOD: means a raw, cooked, or processed

edible substance, ice, beverage, or ingredient

used or intended for use in the sale in whole or

in part for human consumption.

FOOD CODE: or (“FDA Food Code”) means

the most current edition of the Food and Drug

Administration Model Food Code, any current appendices, and annexes.

FDA: Federal Food & Drug Administration

FOOD DISTRIBUTION PROGRAMS: Programs or foundation that provides food or

food boxes to members of the Hopi Community that can be delivered to a home or picked

up by an individual household from an established meeting site

FOOD ESTABLISHMENT: Any operation

that stores, prepares, packages, serves, vends

or otherwise provides food for human consumption. Types of food service establishments include but are not limited to restaurants, daycare, school, jail, hospital, elder

nutrition feeding centers, gas stations; grocery

stores; food process facilities; mobile food

units, temporary food vendors, warehouses,

and commissaries.

FOOD HANDLER: means any person who

handles, stores, transports, prepares, manufacturers, serves or sells food, or who comes in

contact with cooking or eating utensils or other equipment used in handling, preparation,

manufactured service or sale of food.

FOOD HANDLER CARD: means a card issued by a recognized health official or department to indicate that an individual has successfully completed a food handlers training

course and passed an approved examination

on food safety practices

FOOD PROCESSING PLANT: means a

commercial operation that manufactures,

packages, labels, or stores food for human

consumption, and provides food for sale or

distribution to other business entities such as

food processing plants or food establishments.

FOOD SERVICE APPLICATION: means a

form obtained from the Hopi Department of

Health & Human Services, for the purposes of

getting a food sanitation permit

HDHHS: means Hopi Department of Health

and Human Services

IMMINENT HEALTH HAZARD: means a

significant threat or danger to health that is

considered to exist when there is sufficient

evidence to show that a product, practice,

circumstance, or event creates a situation that

requires immediate correction or cessation of

operation to prevent injury based on:

1.The number of potential injuries, and

2.The nature, severity, and duration of the anticipated injury.

INSPECTION OFFICIAL: means the Indian

Health Service Environmental Health Specialist or his/her designee or the Director of

the Hopi Tribe’s Department of Health and

Human Services or his/her designee.

MOBILE FOOD UNIT (MFU): A food establishment that is self-contained, except grills

and smokers, and readily movable, which

either operates at one location (but can be

moved) or returns to a home base of operation

at the end of each day.

OFFICE OF THE REVENUE COMMISSION: means the Hopi Tribe’s Chief Revenue

Officer or his/her designee.

PEDDLER: means a person who acquires or

offers goods for sale within the boundaries of

the Hopi jurisdiction, but does not do business

from a fixed location or site on the Reservation.

PEDDLER’s PERMIT: A certificate issued by

the Office of the Revenue Commission which

allows a facility to operate as an enterprise on

the reservation.

PERMIT HOLDER: means any person or entity that by contract, agreement or ownership

is legally responsible for the operation of the

food service establishment.

PERSON: means an association, a corporation, individual, partnership, or other legal entity, government or governmental subdivision

or agency.

PERSON IN CHARGE (PIC): means the individual present at a food establishment who

is responsible for the operation at the time of

the inspection.

PRIORITY ITEM: means both “Priority and

Priority Foundation” items as defined in the

FDA Food Code. Failure to address these

items may contribute to a foodborne illness

or injury (See FDA Food Code for additional

information).

POTENTIALLY HAZARDOUS FOOD:

Food that is natural or synthetic and is in a

form capable of supporting the rapid and progressive growth of infectious or toxigenic

microorganisms, including but not limited to

animal food that is raw or heat-treated, a food

of plant origin that is heat-treated or consists

of raw seed sprouts, cut melons, and garlic

and oil mixtures, or requires time/temperature

control for safety.

QUESTIONAIRE: means a form obtained

from the Hopi Department of Health & Human Services which describes logistical information related to a special event.

Hopi Tutuveni

“Draft” Food Service Ordinance No.12

REGULATORY AUTHORITY: means the

Hopi Department of Health & Human Services Director, or his/her designee.

SELF-CONTAINED MOBILE FOOD UNIT:

means a food establishment that is a vehicle

on wheels which meets the same requirements

as a permanent facility where all the food

preparation is done on the unit. At a minimum

the unit must have: mechanical hot and cold

holding units, gas or electric cooking equipment, water tanks, hand sinks, three compartment sinks, storage for all food, single service

items and cleaning supplies.

SPECIAL EVENT: An “event or celebration”

is a significant occurrence or happening sponsored by a church, civic, business, educational, government, community, or veterans’ organization and may include athletic contests.

Exempt are only the traditional Hopi gatherings held in the villages.

SANITATION PERMIT: means a certificate

issued by the Department of Health & Human

Services, which allows for the sale and service

of food to the public.

TEMPORARY FOOD VENDOR: means a

food establishment that operates for no more

than 14 consecutive days in conjunction with

a single special event.

WAREHOUSE: A commercial operation

that stores food for human consumption, and

provides food for sale or distribution to other business entities such as food processing

plants or food establishments. Potentially hazardous, as well as non-potentially hazardous

food may be stored.

CHAPTER 2- AUTHORITY &

INTERPRETATION

Section 12.2.1 Authority

The authority for this ordinance is Article VI,

Powers of the Tribal Council Section 1(a),

1(g), and 1(l) of the Constitution and By-Laws

of the Hopi Tribe. The Hopi Department of

Health and Human Services director is hereby authorized to prepare and promulgate regulations consistent with this chapter that are

designed to carry out the purpose and previsions and to assist in the administration and

enforcement of this chapter.

In promulgating regulations, the director

shall consider accepted standards of health,

hygiene, sanitation, safety and physical plant

management.

Any regulations prepared by the director shall

not become effective until they have been presented to and approved by the Tribal Council.

The director may assess fees as appropriate to

cover the administrative cost for implementation of programs.

Section 12.2.2 Adoption of the FDA Food

Code

The Hopi Tribe adopts the most current edition of the United States Food & Drug Administration (FDA) Food Code (hereinafter

referred to as “Food Code”) and all appendices and annexes including such chapters,

appendices, and annexes, as may hereafter be

amended from time to time. In the event of

conflict or inconsistency between this chapter and the Food Code, the provisions of this

chapter shall control.

CHAPTER 3: FOOD SELLER

REQUIREMENTS

Section 12.3.1 Requirements of Private

Home Food Sales

(A)Private Homes

Food may be prepared for sale in a private

home provided that the person complies with

the following:

a. Copy of current food handler card shall be

posted in a conspicuous place which can easily be read by the customer.

b. An easily visible placard with on inch lettering is place at the point of sale which reads

“This food was prepared in a kitchen that is

not subject to inspection nor sanitary permit

by the Regulatory Authority” and can be read

by the Customer.

c. Food is sold on the same property it was

prepared.

d. Copy of current peddlers permit or business

license shall be posted in a conspicuous place

which can easily be read by the customer.

A private home may be subject to inspection

upon receipt of a complaint.

(B)Bed & Breakfasts

A bed and breakfast that has less than six (6)

guest bedrooms, offers breakfast as the only

meal, and serves less than 18 guests, is exempt

from annual inspection and permit provided

that owner complies with all the requirements

of a Private Home in section 12.3.A. A bed &

breakfast may be subject to inspection upon

receipt of a complaint.

Section 12.3.2 Requirements of Food Establishments

Unless otherwise specified in this ordinance

all food establishments must:

a. Possess a valid sanitation permit to operate;

b. Comply with the requirements of the Office

of Revenue Commission (i.e. business license

or peddlers permit as required);

c. Must have a Person in Charge (PIC) as

identified in the Food Code;

d. Must employ a Certified Food Manager as

indicated in the Food Code;

e. Shall be subject to the requirements identified in the Food Code.

(A)Mobile Food Units

Mobile Food Units shall be classified into four

types. These units may require a permit from

both the Office of Revenue and a sanitation

permit, and are subject to inspection at any

time. Classification is based on the potential

food risk of the menu. A mobile food unit

can serve menu items within its classification

number or below: For example a Class 3 unit

may sell items allowed in a Class 2 or Class

1, but a mobile unit cannot serve menu items

from a higher classification number. Example

Class 3 unit cannot serve from a Class 4 menu.

i)Class 1 – Non- Refrigerated Vending UnitsThese units can serve only intact, non-potentially hazardous commercially prepackaged

food and drinks. No preparation or assembly

of food or drinks may take place on the unit.

No food handler card or sanitary permit is required.

ii)Class 2 – Refrigerated or Hot Vending

Units- These units serve potentially and

non-potentially hazardous commercially prepackaged foods. No preparation, assembly,

cooking or open packages of food or beverages on this unit are allowed. All hot or cold

holding units must have an accurate thermometer, and food must be labeled with the date

and time of preparation.

a. If the unit only sells food items prepared

commercially. No sanitary permit is required.

b. If the unit only sells food prepared in a permitted kitchen/restaurant the PIC shall have a

letter from the permitted kitchen verifying the

date, food item, and time food was packaged.

No sanitary permit is required.

c. If the unit sells prepared and packaged food

made in a private home than all food handler

cards must be posted next to an easily visible

placard with one inch lettering place on the

unit which reads “This food was prepared in

a kitchen that is not subject to inspection nor

sanitary permit by the Regulatory Authority”

and can be read by the Customer. No sanitary

permit is required.

(iii) Class 3 - Limited Assembly. These units

may serve potentially and non-potentially

hazardous packaged foods and unpackaged

foods with limited assembly. Example: pushcart operation such as a hot-dog cart or taco

stand

a. All food handlers must be posted in a conspicuous location that can be read by the customer.

b. Pre-operational inspection is required to

review the menu items and processes. The facility is subject to the design requirements of a

Class 3 unit, and PIC may be required to have

a Certified Food Managers certificate.

iv) Class 4 – On-site Assembly – These units

can serve potentially and non-potentially

hazardous foods that are prepared, cooked,

cooled, or reheated and assembled on the unit

using pre-cooked and/or raw products. Examples include: Self-Contained Mobile Food

Units usually with multiple menu items.

c. All food handler cards must be posted in a

conspicuous location that can be read by the

customer.

d. Pre-operational inspection is required to review the menu items and processes. Facility is

subject to all the same requirements as a food

establishment under the Food Code.

(B)Temporary Food Vendors

Temporary Food Vendors can only operate for

no more than 14 consecutive days and must be

in conjunction with a special event. All Food

Handler cards must be posted. This facility is

subject to inspection, and must comply with

the applicable sections of the Food Code.

(C)Special Events

All special events shall be subject to inspection at the discretion of the Regulatory Authority.

Any coordinator of a special event where

more than seven temporary food vendors

and/or mobile food units attend, shall notify

the Regulatory Authority 30-days before the

event.

All special event coordinators shall complete

the required event questionnaire and shall

supply all temporary food vendors and mobile food units with a temporary food service

application, which shall be completed and

returned to the Regulatory Authority 10 days

prior to the event.

For events lasting longer than one calendar

day shall have identified a source of potable

water, and have a system in place to properly

dispose of sewage, grease, and solid-waste.

This shall include provisions for a sufficient

number of hand washing stations and portable

toilets; such facilities shall be properly maintained throughout the event.

(D)FOOD PROCESSING PLANTs [RESERVED]

(E)FOOD DISTRIBUTION PROGRAMS

While food distribution may not be inspected during delivery, any stored items maybe

subject inspection. Generally food boxes are

received at an individual’s own risk. This section maybe amended in the feature.

CHAPTER 4 FOOD HANDLER &

CERTIFIED FOOD MANAGER

Section 12.4.7 Food Handler Cards

(A)Age Required

All persons age twelve and above operating,

employed by, or involved anyway in a private

home that sells food or a food establishment

(except Class 1 mobile FOOD units), on the

Hopi reservation are required to possess a valid food handler card, or Certified Food Managers certificate.

(B) Unlawful employment

It shall be unlawful for any Person to employ

or permit to remain employed in any type of

food establishment a food handler who does

not possess a valid Food Handler card or Certified Food Managers certificate.

(C) How to Obtain

Hopi Food Handler card can be obtained after successfully completing a Food Handler’s

training class and passing the test and shall be

good for two years.

(D) Outside Cards

A Food Handler card or certificate of training issued by another Tribe, Arizona County,

other governmental entity, or online, may be

accepted through reciprocity if the Regulatory Authority determines that it reflects the

requirements of the Food Code and this Ordinance. Certificate or Food Handler card obtained through another Tribe, Arizona County,

other governmental entity, or online will need

to be submitted to the Regulatory Authority

to obtain a Hopi Food Handler card. A Hopi

Food Handler card will be issued; such Food

Handler card shall be valid for two years from

the date of issuance of the original card.

(E) Fee

A fee may be charged for new and re-issued

Food Handler cards by the office and will be

deposited in a special account to support food

safety.

(F) Suspension

Each Food Handler card issued shall remain

in force until the date of expiration or until

suspended or revoked by the Regulatory Authority for public health causes. A Food Handler card accepted by reciprocity in the section above may also be suspended or revoked

by the Regulatory Authority for public health

causes.

(G) Non-transferable

A Food Handler card issued under the section shall not be transferred to or used by any

person other than the person to whom it was

issued. The Food Handler card is the property

of the individual.

November 20, 2018

(H) Visibility & Availability

A Food Handler card shall be produced by the

Food Handler for inspection upon the request

of the Inspection Official and/or Regulatory

Authority or posted in a visible location.

Section 12.4.2 Certified Food Managers

(A) Certification required

It shall be unlawful for any person to operate a food establishment unless such person

currently employs a certified food manager

to supervise the establishment’s food service

employees as identified in the Food Code.

(B) Posting required

The permit holder shall post in a conspicuous

place in the food establishment, in letters not

less than one inch in size, the name of each

food service manager currently employed.

(C) Exemptions

The following food establishments are exempt

from the provision of this section:

•Food establishments that exclusively serve,

sell or distribute non-potentially hazardous

prepackaged foods which are contained in securely sealed or wrapped bottles, cans, cartons

or other similarly containers.

•Temporary food establishments at the discretion of the Regulatory Authority following a

risk assessment thereof.

•Such other food establishments designated

by the Regulatory Authority at his or her discretion following a risk assessment thereof.

CHAPTER 5 – SANITATION PERMITS

& CONSTRUCTION PLANS

Section 12.5.1 Required & Responsibilities

Unless otherwise identified, a person may not

operate a food establishment without a valid

Sanitation permit issued by the Regulatory

Authority verifying conformance with the

current Food Code and this Ordinance. Sanitation permits shall have an expiration date

one year from the date of issuance.

(A) Responsibilities of Sanitation Permit

Holders

Upon acceptance of the Sanitation permit issued, the Regulatory Authority and/or the Permit Holder shall:

a. Post the permit in a conspicuous location in

the food establishment that is visible to consumers;

b. Comply with the provisions of this Ordinance including the conditions of any granted

waiver;

c. Immediately contact the Inspection Official and/or Regulatory Authority to report an

illness of the Permit Holder or employee as

specified under Chapter 2 of the FDA Food

Code (i.e., Salmonella sp., Shigella, E. Coli,

Hepatitis A, Norovirus);

d. Immediately discontinue operations and

notify the Inspection Official and/or Regulatory Authority if an Imminent Health Hazard

exists (See ceasing operations section);

e. Notify Regulatory Authority and/or Inspection Official upon receiving reports of consumers stating they developed illness from

food sold by the food establishment;

f. Allow the Inspection Official and/or the

Regulatory Authority access to the food establishment;

g. Replace or upgrade existing facilities and

equipment as directed by the Inspection Official and/or Regulatory Authority;

h. Comply with directives of the Inspection

Official and/or Regulatory Authority to correct deficiencies within the specified time

frames;

i. Accept notices issued and served by the

Regulatory Authority; and

j. Show proof of valid Food Handler cards for

all employees.

(B) Exemptions

The following food establishments are exempt

from the Sanitation permit requirement: Private Home where food is sold at the house,

Bed & Breakfast with less than 18 guests,

Class 1 and Class 2 mobile food units.

(C) Fee

A permit fee schedule may be developed and

updated by the Director of Health & Human

Services to help defer the cost of this program.

Section 12.5.2 Permitting Process

(A)Pre-Requisite for Operation

A person may not operate a food establishment

without a valid Sanitation permit issued under

this Ordinance. A valid Sanitation permit is a

pre-requisite for obtaining a Business License

for a food establishment from the Office of

Revenue Commission, and must be obtained

by completing an application with HDHHS.

(B)Qualifications & Responsibilities

To qualify for a Sanitation Permit, an applicant shall:

a. Be an owner of the food establishment or an

officer of the legal ownership;

b. Comply with the requirements of the current Food Code and this Ordinance

(C)Application

Any person desiring to operate a food establishment shall make a written application for

Sanitation permit on forms provided by the

Regulatory Authority. Such application shall

include the name and address of each applicant, the location of the food establishment, a

copy of the proposed menu, and signature of

each applicant.

(D) Issuance of Sanitation Permits

Prior to approval of an application for a Sanitation permit, the Inspection Official shall

inspect the proposed food establishment to

determine compliance with the requirements

of this Ordinance and the current Food Code.

Applicants should contact the Regulatory Authority to coordinate pre-opening inspections.

Based on the recommendation of the Inspection Official, the Regulatory Authority shall

issue a Sanitation permit to the applicant if

the inspection reveals the proposed food establishment complies with the requirements of

this Ordinance and the Food Code.

(E) Existing Establishment and Permit Renewal

The Inspection Office and/or the Regulatory

Authority may renew a Sanitation permit for

an existing food establishment or may issue a

Sanitation permit to a new owner of an existing food establishment.

Sanitation permits may not be issued in instances where Priority Items remain out of

compliance following an inspection, and cessation of food service operations may be necessary in some cases if appropriate safeguards

are not implemented

November 20, 2018

to eliminate risk from the observed deficiency. A deadline to address any such items

shall be agreed upon and documented by the

Inspection Official, the food establishment

representative, and the Regulatory Authority.

Upon a follow-up Inspection or submission

of a completed corrective action plan, confirming that Priority Item deficiencies have

been resolved, the Inspection Official shall

notify the Regulatory Authority and a permit

may be issued. Non-compliance of permit

holders may result in a monetary penalty.

(F) Permit Not Transferable

Any Sanitation permit issued by the Regulatory Authority shall not be transferred from

one person to another person or from one

food establishment to another.

Section 12.5.3 Renovation & Construction

Plans

(A)Plan Submission Required

No food establishment shall be constructed,

extensively remodeled, or converted except

in accordance with plans and specifications,

approved by the Inspection Official.

Whenever a food establishment is constructed or extensively remodeled and whenever an

existing structure is converted to use as a food

establishment, properly prepared plans and

specifications for such construction, remodeling, or conversion shall be submitted to the

Inspection Official for review and approval

before construction, remodeling, or conversion begins.

The plan and specifications shall indicate the

proposed layout, arrangement, mechanical

plans and construction materials of work areas, and the type and model of proposed fixed

equipment and facilities.

The Inspection Official shall approve the

plans and specifications if they meet the requirements of this Ordinance and the Food

Code.

(B)Pre-Operational Inspection Required

Whenever plans and specifications are required by the previous section of this Ordinance to be submitted to the Inspection Official, the Inspection Official shall inspect the

food establishment prior to the start of the

operations to determine compliance with the

approved plans and specifications with the requirements of this Ordinance.

CHAPTER 6 – INSPECTIONS &

COMPLIANCE

Section 12.6.1 Authority for Inspections

The Hopi Tribal Council delegates inspection

authority of all food establishments on the

Hopi Reservation to the Inspection Official

and/or the Regulatory Authority. The purpose

of the inspection shall be to evaluate food

handling practices and general sanitation and

make recommendations in accordance with

the Food Code and this Ordinance.

Section 12.6.2 Frequency of Inspections

Inspections shall be conducted of all permitted facilities at least annually. Additional inspections may be performed if necessary and

as warranted based upon risk. Inspections of

non-permitted facilities will be conducted as

needed.

Section 12.6.3 Access to facility & records

The Inspection Official and Regulatory Authority shall be permitted to enter any food

establishment at any reasonable time for

the purpose inspection is to determine conformance with this Ordinance and the Food

Code. The Inspection Official and Regulatory Authority shall be permitted to examine

the records of the food establishment to obtain information pertaining to food and supplies purchased, received, or used.

Section 12.6.4 Inspection Process

(A) Type of Inspection

a. Pre-operational means the inspection of a

new, converted, or remodeled food establishment to verify that the food establishment is

constructed and equipped in accordance with

the Food Code and this Ordinance. A pre-operational inspection must be conducted prior

to the issuance of a Sanitation permit.

b. Routine means an inspection of a food establishment to verify that the establishment is

in conformance with the Food Code and this

Ordinance.

c. Follow-up means a re-inspection of a food

establishment to verify that the establishment

has corrected the identified deficiencies noted

in the routine inspection or after a pre-operational inspection.

d. Complaint means an inspection of a food

establishment following a complaint of the

food establishment operation, products or the

facility.

(B)Inspection Report

An inspection report shall be completed following an inspection by the Inspection Official. The inspection report will discuss any

deficiencies identified.

The inspection report summarizes the requirements of the Food Code. The inspection

report shall be submitted to the Permit Holder, Regulatory Authority, the person in charge

of the establishment, the Office of Revenue

Commission and other appropriate agencies

based on ownership and type of food establishment. The inspection report shall state

that failure to comply with any timelines for

correction may result in cessation of the food

service operations.

The completed inspection report is a public

document that shall be made available for

public disclosure by the Hopi Tribe’s Department of Health and Human Services.

Section 12.6.5 Compliance

(A) Correction of Deficiencies

The Inspection Official shall specify in the

inspection report a reasonable time frame for

the correction of deficiencies, not to exceed

ninety days

(B) Ceasing Operations

A food establishment shall cease operations

in accordance with the following provisions:

a. A Permit Holder shall immediately discontinue operations and notify the Inspection

Official and/or Regulatory Authority if an

Imminent Health Hazard exists because of

an emergency such as a fire, flood, extended interruption of electrical or water service,

sewage backup, misuse of poisonous or toxic

materials, onset of an apparent food-borne

illness outbreak, gross unsanitary occurrence

or condition, or other circumstance that may

endanger public health. The Inspection Official and the Regulatory Authority shall have

Hopi Tutuveni

the authority to immediately close a food establishment if an imminent health hazard exists and the Permit Holder has failed to cease

operations.

b.A Permit Holder shall cease operation for

failure to correct deficiencies within a specified time frame. If a Permit Holder fails to

demonstrate adequate progress in correcting

deficiencies at the follow-up inspection, the

Inspection Official may recommend to the

Regulatory Authority that the food establishment be closed. The Regulatory Authority in

conjunction with the Inspection Official shall

have the authority to close the facility until

the deficiencies are corrected. The permit

holder need not discontinue operations in an

area of an establishment that is unaffected.

(C) Resumption of Operations

Whenever a food establishment is required

under the provisions of the section to cease

operations, the permit holder shall request

a follow-up inspection and obtain approval

from the Inspection Official and/or the Regulatory Authority before resuming operations.

A follow-up inspection shall be completed

within a reasonable time.

(D) Waivers

The Inspection Official may grant a waiver of

the requirements of the Food Code if, in the

opinion of the Inspection Official in conjunction with the Regulatory Authority, a health

hazard or nuisance shall not result from the

waiver.

(E) Reporting of Complaints

Consumers are encouraged to report complaints relating to food establishments first

to the PIC of the food establishments. Afterwards, the Inspection Official, the Regulatory Authority, and/or the Office of Revenue Commission may be contacted regarding

consumer complaints.

CHAPTER 7- ENFORCEMENT

Section 12.7.1 Regulatory Authority

The Regulatory Authority and Inspection Official shall enforce the provisions of this Ordinance and in that enforcement is vested with

all powers relating to inspection, sampling,

condemnation, and embargoing of hazardous

substances granted to it with respect to this

Ordinance.

If any person shall violate directly or indirectly, through its officers or employees, any

of the provisions of this Ordinance or regulations promulgated hereunder, the Regulatory

Authority, and Inspection Official may order

the correction of the violation within a reasonable period of time. Each violation may

be subject to civil penalty, and every day it

is in violation may be considered a separate

offense.

Section 12.7.2 Suspension of a Sanitation

Permit

In addition to ceasing operations, the Regulatory Authority and/or Inspection Official have

the authority to suspend a sanitation permit

without prior warning, or a hearing under the

following conditions:

a. The permit holder fails to comply with the

requirements of this Ordinance and/or the

FDA Food Code; or

b. The operation of the food service establishment constitutes a substantial hazard to

public health.

Notice of suspension may be given by the

Inspection Official on his/her regular inspection form and/or by letter from the Regulatory

Authority and will include a written description of reasons for suspension, with a copy to

the Office of Revenue Commission. When a

permit suspension is effective, operations affected by the violation must cease. The Regulatory Authority and Inspection Official may

end the suspension at any time if the reasons

for suspension no longer exist.

Section 12.7.3 Revocation of a Sanitation

Permit

The Regulatory Authority may revoke a

sanitation permit for serious or repeated violations of this Ordinance, which have not

been corrected within five (5) days of notice.

Prior to revocation, the Regulatory Authority shall notify, in writing, the permit holder

of the specific reason(s) for which the permit

is to be revoked and that the permit shall be

revoked at the end of the five (5) days following service of the notice, the revocation of the

permit becomes final.

(A)Notice

Notice provided for in this Ordinance shall be

considered to be properly served if it is served

by one of the following methods:

The notice is personally served by the Regulatory Authority, Inspection Official and Office of Revenue Commission, a Law Enforcement Officer, or a person authorized to serve

a civil process to the permit holder of a food

service establishment, or the person in charge

of the facility at that time.

(B)Application after Revocation

Whenever a permit is revoked, the holder of

the revoked permit may make a written application for a new permit after all violations

have been corrected.

(C)Examination and Condemnation

Food may be examined, sampled or tested by

the Regulatory Authority and/or Inspection

Official in order to determine its compliance

with this Ordinance and the current FDA

Food Code. A hold order may be issued by

the Regulatory Authority and/or Inspection

Official without prior warning on a food that:

i. Originated from an unapproved source;

ii. May be unsafe, adulterated, or not reliably

presented;

iii. Is not labeled according to law, or, if raw

molluscan shellfish, is not tagged or labeled

according to law; or

iv. Is otherwise not in compliance with this

Ordinance and/or the FDA Food Code.

The Regulatory Authority will provide written notice to the permit holder or operator

specifying the particular reason(s) for placing

a hold order on any food which he/she believes is in violation of this Ordinance and the

FDA Food Code. The Regulatory Authority

and/or, Inspection Official shall tag, label, or

otherwise identify any food subject to a hold

order. No food subject to a hold order shall

be used, served, or moved from its location.

Section 12.7.4. Warnings

1. On the recommendation of the Inspection

Official following an inspection, the Regulatory Authority may issue a written warning to

the person or food establishment identifying

corrective actions that must be taken within

a specified time to avoid permit revocation.

2. Notice of warning is effective when personally delivered to the person, upon receipt

by certified mail by the person, or when posted consciously at the food establishment.

3 If re-inspection does not satisfy the Inspection Official and/or Regulatory Authority that

all corrective actions identified in a warning

have been taken within the time specified, the

food service permit for the establishment will

be revoked and the food establishment may

pursue the administrative appeal process under Chapter 7 of this Article.

Section 12.7.5 Suspensions

1. In instances of immediate and unavoidable

danger to public health and safety, the Regulatory Authority may, on the recommendation of the Inspection Official following an

inspection or investigation, order suspension

of a food service permit at once. An order of

suspension is effective upon notice.

2. Notice of suspension shall be in writing

and is effective when personally delivered to

the person, upon receipt by certified mail by

the person, or when posted conspicuously at

the food establishment.

3. A suspension remains in effect until the

person, satisfies the Inspection Official and/

or the Regulatory Authority that adequate

measures have been taken to correct the conditions which resulted in the order.

Section 12.7.6 Contagion

1.On the recommendation of the Inspection

Official that a food service worker is likely

to communicate a contagious or infectious

disease to patrons or handlers of a food establishment, the Regulatory Authority may do

any and all of the following:

a. Order suspension of a food service permit.

b. Order the immediate exclusion of the food

service worker from all food establishments

by notice to those establishments.

c. Require medical examinations of the food

service worker and others with whom he/she

recently worked as a condition for their continued employment or re-employment.

2. An order of exclusion of a food service

worker is effective upon notice.

3. Notice of exclusion shall be in writing and

is effective when personally delivered to a

person or posted consciously at a food establishment and shall be deemed effective with

respect to a food service worker when posted

consciously at his/her last place of food service employment.

Section 12.7.7.Condemnation of Food

1. On the recommendation of the Inspection

Official, the Regulatory Authority may direct

law enforcement officials of the Tribe to seize

and destroy food which is contaminated or

misbranded.

2. Any attempt by the owner, operator, or handlers of a food establishment to prevent the

seizure of contaminated or misbranded food

may result in revocation of any existing permits.

3. Before removing seized food from a food

establishment, law enforcement officials will

leave an itemized receipt with the owner, operator, or food handlers present, or by posting

conspicuously at the establishment.

4. No seized food may be destroyed until at

least ten (10) days after its seizure or during

an appeal under Chapter 6, unless it contains

infectious or contagious bacterial or other organisms and poses an immediate danger to

public health and safety.

CHAPTER 8 ADMINISTRATIVE

APPEAL PROCESS

Section 12.8.1 Appeal Procedures

This Administrative Appeal Process is only

applicable to action taken by the Regulatory

Authority under Chapter 3, 4, 5 and 6 of this

Article.

1. Food Establishments, managers, operators

and handlers who are denied a permit/card

can request a one-time reconsidera¬tion by

the Regulatory Authority of their application

upon a showing of good cause. A request

for reconsideration shall be deemed to have

shown good cause if it:

a. presents significant relevant information

not previously considered by the Regulatory

Authority;

b. demonstrates that significant changes have

occurred in the factors or circumstances considered by the Regulatory Authority in reaching its decision; or

c. demonstrates that the Regulatory Authority failed to follow its adopted procedures in

reaching its decision.

2.The decision of the Regulatory Authority to

deny a food permit/card, to revoke or suspend

a permit, to issue a warning, to exclude a food

service worker from employment, or to seize

contaminated or misbranded food may be

appealed by filing a written petition with the

Regulatory Authority within ten (10) days of

notice of the decision, or, in case of seizures,

within ten (10) days of the seizure.

3. Appeals from decisions to suspend a permit, exclude a food service worker from employment, or from a seizure of contaminated

or misbranded food will be heard and determined within seventy-two (72) hours. All

other appeals will be heard and determined

within ten (10) days. These times may be extended at the petitioner’s request.

4. Administrative appeal hearing under this

Chapter is closed to the public. Legal counsel

may not be present at this hearing.

Section 12.8.2 Tribal Court

Food Establishments, managers, operators

and handlers may file suit in the Tribal Court

to redress the decision(s) made by the Regulatory Authority limited only to the issues

raised at the Administrative Appeal Process

in this Chapter. Food Establishments, managers, operators and food handlers may not

pursue monetary damages and attorney, court

and litigation costs under for suits arising

from the administrative appeal process. All

evidence submitted during the Administrative Appeal Hearing shall be disclosed to the

Court by all parties involved in the lawsuit.

CHAPTER 9 CIVIL ACTIONS,

VIOLATIONS, AND PENALTIES

Section 12.9.1. Citation and Civil Actions

1. The Regulatory Authority, through its designee(s), and Hopi Law Regulatory Authority

may issue civil citation to the person and/or

Page 9

establishment that is in violation of any provisions under Chapter.

2. The Regulatory Authority is authorized to

commence a civil action for any appropriate

relief for a violation of this Article, including,

but not limited to, restitution, attorney’s fees,

litigation related costs, punitive damages,

permanent or temporary injunction, and other

equitable relief.

3. Anyone injured by reason of a violation

of this Article by a food establishment or by

consumption of any contaminated or misbranded food negligently processed or prepared by a food establishment, may recover

actual and punitive damages, attorney’s fees,

and litigation related costs from the owner of

the establishment in Tribal Court.

Section 12.9.3 Service

1.A citation issued pursuant to this Article

may be served by delivering a copy of the citation to the person charged with the violation

or by any means authorized by the rules of

civil procedure for serving a civil complaint.

The original civil citation shall be filed in

Tribal Court within ten (10) court days of the

time the citation was issued.

2.All other civil proceedings shall be in accordance to the Tribal Rules of Civil Procedures.

Section 12.9.4 Citation Hearing

Proceedings

1. A person served with a civil citation shall:

a. Appear at the time and place designated by

Tribal Court.

b. Admit or deny the allegations of the citation.

2.Allegations not denied at the time of appearance are deemed admitted.

3. If the allegations are admitted, the court

shall enter judgment for the Tribe and shall

impose a civil fine. The person may admit the

allegations with an explanation, and then the

court shall enter judgment for the Tribe and

impose a civil fine. In determining the civil

fine, the court may consider the explanation

submitted.

4. If the allegations are denied, the court shall

set the matter for a hearing. The hearing is

informal and without a jury. At the hearing,

the Tribes are required to prove the violation

charged by a preponderance of the evidence.

Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. If the person elects to

be represented by counsel the person shall notify the court at least ten days before the hearing date. Hearings may be recorded. If the

court finds in favor of the person, the court

shall enter an order dismissing the allegation.

If the court finds in favor of the Tribes, the

court shall enter judgment for the Tribes and

impose a civil fine.

5. If a person served with a civil citation alleging a violation of this Article fails to appear at or before the time directed to appear or

at the time set for a hearing by the court, the

allegations in the citation are deemed admitted, and the court shall enter judgment for the

Tribes and impose a civil fine.

Section 12.9.3 Civil Penalties

1. Any food establishment or handler who

operates a food establishment without a valid

permit/card, or under a suspended or revoked

permit shall be fined not more than One Hundred Dollars ($100.00). Each day during

which such unlawful operation shall continue

shall constitute a separate incident.

2. Any person who knowingly operates a food

establishment in which contaminated food is

served or sold, or in which food service workers suffer from or are carriers of infectious or

contagious disease shall be fined not more

than Five Hundred Dollars ($500.00). Each

day during which such unlawful operation

shall continue shall constitute a separate incident.

3.Any person who prevents or obstructs any

actions taken by the Inspection Official under

Chapter 6 or Chapter 7 shall be fined not more

than Five Hundred Dollars ($500.00). Each

day of prevention or obstruction of Chapter

6 or Chapter 7 compliance procedures shall

constitute a separate incident.

4.Any person who knowingly misbrands

food, or knowingly sells or serves misbranded

food in a food establishment shall be fined not

more than Five Hundred Dollars ($500.00).

Each day during which misbranded food is

knowingly sold or served in a food establishment shall constitute a separate incident.

Section 12.9.4 Punitive Damages

Any person adjudged to have engaged in a

pattern or practice of violating this Article

may be liable for punitive damages in an

amount not to exceed one thousand dollars

($1,000). The Court may assess punitive

damages for each violation of which the pattern or practice is found to consist.

Section 12.9.5 Remittance of Fines

Court judgments and monies collected pursuant to this Section shall be remitted to the

Hopi Tribe and shall be used to defray the

costs of the Tribes’ Food Safety Enforcement

Program under this Article.

CHAPTER 10 SEVERABILITY

CLAUSE

Section 12.10.1 Severability

If any section, subsection, sentence, clause or

phrase of this Article is for any reason held

to be invalid, such decision shall not affect

the validity of the remaining portion of this

Article.

Section 12.10.2 Conflict with Other

Ordinances

This Ordinance supersedes and replaces all

other provisions of existing Hopi Tribal ordinances and resolutions that are in conflict

with it.

Section 12.10.3 Amendments

This ordinance may be amended only by resolution of the Hopi Tribal Council.

Section 12.10.4 Hopi Tewa Traditional

Foods

Hopi/Tewa traditional FOODs (e.g., piki,

somiviki, etc.) are expressly exempt from this

Ordinance.

Section 12.10.5 Sovereign Immunity

Nothing in this Ordinance shall be deemed

or construed to be a waiver of the sovereign

immunity of the Hopi Tribe, its officials, its

entities or employees acting within their official or individual capacities.

Page 10

November 20, 2018

Hopi Tutuveni

Hopi to DC: A Journey to Share our Culture with the World, Cont.

Strong. When you’re tired. When you’re

hurting. No matter how tired you are,

sometimes you have to really dig deep,

deep, down. Find that inner strength we

all have.”

Also in the Rasmuson Theater, Eugene

Talas did an incredible presentation on

the importance and significance of the

Hopi Code Talkers and their role in the

previous wars. The Hopi Tribe recognizes and honors the military accomplishments of Native American Code Talkers

who served in War I and World War II. At

least 6 different Tribes had members who

served as Code Talkers in World War I.

At least 17 different Tribes had members

who also served as Code Talkers in World

War II, in addition to what the Navajo

Tribe provided. Hopi Code Talkers were

known as the Wildcat Division.

Ed Kabotie, was highlighted with his

program of an Alternative History of

America featuring an amazing display of

his father and grandfather’s artwork in

the presentation. Kabotie offered an interweaving of music, song and art into his

multimedia display that profoundly covers insights into the true genuine history

of the Hopi and Pueblo people of the Colorado Plateau. For the last few centuries

in America, teachings and textbooks have

ignored the facts; trials and tribulations

most Native communities have endured

and continue to face even today.

Kabotie closed his presentation with

a piece of artwork and a few powerful

words depicting his modern interpretation of the cycle of life in what he refers

to as the Restoration Prophecy. Kabotie

stated, “There is no place to look, but up,

when you are on your back. This is when

you finally become Hopi. Hopi is a word

that is used to describe a people. Hopi is a

word used to describe a language. But in

our culture, Hopi is a word that we use to

describe a state of being in harmony with

the cycles of the sun, the moon and with

one another.”

As an aspect to building a credible

relationship with the Smithsonian’s National Museum of the American Indian,

Hopi Chairman Nuvangyaoma imagines

a bright future with fostering strong ties

with the museum community, “We're

very appreciative of the continuing partnership the museum has with the Hopi

Tribe, as we move forward into the future I hope that we will continue to build

upon our relationship and do more events

to appropriately teach and showcase the

Hopi culture."

Hopi Artist Presenters and Artist

Demonstrations held at the Potomac Atrium and Rasmuson Theater in the Smithsonian Native American:

Potomac Atrium

Weaving | Harold Lomayaktewa

Veterans | Eugene Talas

Hopi Tourism | Bertram Tsavadawa

Pottery | Vernida Polacca

Basketry | Alvina Lynn Thompson

Silversmithing | Willis Humeyestewa

Carving | Tate Rex Yoiwyma Sr. and Tate

Rex Yoiwyma Jr.

Painting | Duane Koyawena

Basketry | Roberta Honwaima

Rasmuson Theater

Qaʼ ö | Hopi Corn Dance

The History of Hopi | Bruce Talawyma

Run Hopi (film, 15 min.) | Rickey Gene

Baker

Wuyak Voli | Hopi Big Butterfly Dance

Hopi Code Talkers | Eugene Talas

Nygumon Tota | Hopi Corn Grinding

Dance

Alternative History of America | Edward

Kabotie

Pavalhik | Hopi Water Maiden Dance

imagiNATIONS Activity Center

Hopi Gourd Pendants

Storybook Readings

Highlights from the Hopi to DC Trip

Pavalhik - Hopi Water Maiden Dance (Picture by Duane Humeyestewa)

The History of Hopi - Bruce Talawyma (Picture by Duane Humeyestewa)

Run Hopi - Rickey Gene Baker Live streaming (Picture by Romalita Laban/Hopi Tutuveni)

Hopi Code Talkers - Eugene Talas Live streaming (Picture by Romalita Laban/Hopi Tutuveni)

Basketry - Roberta Honwaima (Picture by Duane Humeyestewa)

Pottery - Vernida Polacca (Picture by Duane Humeyestewa)

L to R Duane Koyawena, (missing correct spelling of name - Eugene Talas’ son), Ed Kabotie, Bertram Tsavadawa, Tate Rex Yoiwyma Jr., Tate Rex Yoiwyma Sr., Harold Lomayaktewa

Willis Humeyestewa, Craig Andrews, Drew Lomayaktew, Eugene Talas, Bruce Talawyma, Brennyn Masawytewa, Alvina Lynn Thompson, Kuywysie Rose Selestewa, Malinda Andrews

Vernida Polacca, Roberta Honwaima, Gladys Nuvangyaoma, Tim L. Nuvangyaoma (Picture by Duane Humeyestewa)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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