TUESDAY, November 20, 2018
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Ask Donna
What actually matters in this document.
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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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Hopilavit - Happy Thanksgiving
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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.