# HOPI BOARD OF EDUCATION ELECTION (2026)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Ahopi_arizona%3Af8e5fe364406afc3

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

HOPI BOARD OF EDUCATION ELECTION
CANDIDATE PACKET
RELEASE OF CANDIDATE PACKET: July 15, 2026
CANDIDATE FILING DEADLINE: August 27, 2026, 5:00 p.m.
ELECTION DATE: November 12, 2026
Table of Contents

Packet Page #
Notice: Election of Hopi Board of Education ............................................................... P.1
Candidate Instructions ................................................................................................. P.2
Affidavit of Candidacy Form .......................................................................................... P.3
Application for Employment/Background Check Forms ............................................... P.5
Candidate Checklist Form ............................................................................................ P.11
Attendance Area Designations Map ............................................................................ P.12
Hopi School System Election Handbook ...................................................................... P.13
Chapter 4, “Hopi Board of Education,” Hopi Education Code
(as amended June 25, 2025) ........................................................................ P.30

NOTICE: ELECTION OF HOPI BOARD OF EDUCATION
HOPI SCHOOL SYSTEM
I. CALL FOR CANDIDATES. This is a call for candidates interested in running for a election to the Hopi Board of
Education (HBE). The Hopi Education Code (Code) was enacted by the Hopi Tribal Council on August 7, 2019, and
amended on June 25, 2025. The Code unifies all seven of Hopi’s Tribally Controlled Schools into a single,
comprehensive Hopi School System (HSS) under the oversight of an independently elected HBE. The HBE will have the
authority and responsibility to oversee and set educational policy, fiscal management, and administrative services for
all of Hopi’s Tribally Controlled Schools. There are four (4) current vacancies on the HBE: Moencopi Day School, Second
Mesa Day School, Keams Canyon Elementary School, and the Hopi Junior Senior High School.
II. IMPORTANT DATES FOR CANDIDATE PACKETS, FILING & ELECTION.
July 15, 2026
July 17 – Aug. 7, 2026
Aug. 27, 2026, 5:00pm
Nov. 12, 2026

Candidate Packet available at Hopi schools, Hopi Elections Office, and online at
www.hopischoolsystem.org
Information Forums on HBE Roles and Responsibilities (dates to be announced)
Deadline for Candidates to submit Candidate Packet to Hopi Elections Office
Hopi Board of Education Election Day

III. ELECTION FOR FOUR POSITIONS ON THE HOPI BOARD OF EDUCATION.
A. Election for four School Attendance Areas HBE Positions: Moencopi Day School, Second Mesa Day School,

Keams Canyon Elementary School, and the Hopi Junior Senior High School.

B. Terms of Office:
• The initial Terms of Office will be 4 years and 2 years.
• To stagger the terms, the initial HBE will have five members with a 4-year term, and four members
with a 2-year term.
• The members at-large will begin serving with 4-year terms.
• The remaining 4- and 2-year terms will be decided by random draw.
• Following the initial 4- and 2-year terms, all HBE members will serve 4-year terms.
C.

Candidates are not required to live in the Attendance Area they seek to represent or on the Hopi Reservation.

IV. SUMMARY OF QUALIFICATION REQUIREMENTS.
Attendance Area Members must satisfy following requirements
• Be at least 25 years of age
• Hopi Tribal member is preferred, but not required
• Pass a background check
• Not a member of the Hopi Tribal Council or a local school board (as of date of HBE swearing in)
• Not an employee of Hopi schools, pre-schools, Central Administration Office, or Dep’t of Education (as of date of
HBE swearing in)
• Not a direct relative of an employee of the school you are seeking to represent
V. SUBMIT CANDIDACY FOR ONE POSITION ONLY. Candidates may submit an affidavit of candidacy for one position
only, either one Attendance Area position, or one At-Large position.
VI. QUESTIONS. For any questions, please contact: Alfred Lomahquahu, Hopi Elections Office, at 928-734-2507/2508,
and AlfLomaquahu@hopi.nsn.us, or Dr. Noreen Sakiestewa, Hopi Department of Education and Workforce
Development, at 928-734-3501, and NSakiestewa@hopi.nsn.us.

P.1

HOPI BOARD OF EDUCATION ELECTION
CANDIDATE PACKET
RELEASE OF CANDIDATE PACKET: July 15, 2026
CANDIDATE FILING DEADLINE: Aug. 27, 2026, 5:00 p.m.
ELECTION DATE: Nov. 12, 2026
Candidate Instructions
A.

Candidates for the Hopi Board of Education (HBE) election must complete and sign the following
forms and documents and submit them to the Hopi Elections Office:
1.

Affidavit of Candidacy Form

2.

Hopi Office of Human Relations’ Employment Forms, which include:
a. Application for Employment
b. Applicant Consent to Release Liability and Reference Information
c. Consent to Request Information for a Criminal Background Check

3.

Candidate Checklist Form

4.

A current, close-up photo showing your head and shoulders.

B.

Only apply for one position on the HBE, and indicate on the Affidavit of Candidacy Form which
school you are applying for, or if you are applying for an At-Large position [At-Large is not an
available position for the Nov. 12, 2026 election].

C.

The above forms must be completed, signed, placed into a sealed envelope, and submitted to
the Hopi Elections Office and RECEIVED no later than August 27, 2026, 5:00 p.m., by either:

D.

1.

Hand delivery to the Hopi Elections Office,

2.

Scan your completed and signed Candidate forms and documents, and email them as an
attachment to the Hopi Elections Office at AlfLomaquahu@hopi.nsn.us, or

3.

Mail to the Hopi Elections Office, P.O. Box 553, Kykotsmovi, AZ 86039.

For questions, contact: Alfred Lomahquahu, Hopi Elections Office, at 928-734-2507/2508, and
AlfLomaquahu@hopi.nsn.us, or Dr. Noreen Sakiestewa, Hopi Department of Education and
Workforce Development, 928-734-3501 and NSakiestewa@hopi.nsn.us.

P.2

HOPI BOARD OF EDUCATION ELECTION
Affidavit of Candidacy
Candidate Filing Deadline: August 27, 2026, 5:00 PM
Election Date: November 12, 2026
All Forms must be completed, signed and submitted to the Hopi Elections Office.
Print or type clearly in black ink.
1. Name (exactly as it should appear on the ballot – no titles, parentheses, or quotation marks):
__________________________________________________________________________________________
2. Indicate if seeking office as an Attendance Area Member, or an At-Large Member (check only one):
Attendance Area Member. Specify Attendance Area: ______________________________________
At-Large Member. [No At-Large Position for Nov. 12, 2026 Election]
3. For candidates for an At-Large Member only, list all Higher Education Degrees you achieved (do not
include High School diploma):
Degree(s) achieved:

College/University which issued the degree:

Major/area of study:

[No At-Large Position for Nov. 12, 2026 Election]
_____________________ _____________________________________ ______________________
_____________________ _____________________________________ ______________________
_____________________ _____________________________________ ______________________
4. Physical Home Location (brief description of your home’s location, and if living in a
village, describe where your home is located):
Village/Street

City

State

Zip

City

State

Zip

5. Mailing Address:
Street or P.O. Box

6. Home Phone: _____________________________ Cell Phone: _____________________________
7. Email:

__________________________________________________________________________

8. Are you an enrolled Hopi Tribal Member?
Yes
No
If yes, my Village is:_____________________, and my Enrollment Number is:___________________.
1 of 2

P.3

9. Will you be twenty-five (25) years or older on the day of the election?

Yes

No

10. If you are currently a Hopi Tribal Council or a local school board member, do you intend to resign from
Yes
No
Not applicable
that body prior to being sworn in to the HBE if you are elected?
11. If you are currently employed by the Hopi Department of Education and Workforce Development, a
Hopi Tribally Controlled School, the Central Administration Office, or a Hopi pre-school/Headstart, do
you intend to resign from that employer prior to being sworn in to the HBE if you are elected.
Yes
No
Not applicable
12. For candidates for an Attendance Area Member only, are you a direct relative* of an employee of the
Yes
No
Not applicable
school you are seeking to represent?
* “‘Direct relative’ means a parent, sibling, child, or spouse through legal or traditional Hopi
marriage, and includes a domestic live-in partner and a non-biological child through adoption or
legal guardianship.” Hopi Education Code, section 1.5(A)(11).
13. Attach a current, close up photo of yourself showing only your face and shoulders.
14. Complete the “Statement of Interest” using only the space in the box below describing why you would
like to serve on the Hopi Board of Education, your qualifications, and how you intend to improve and
build Hopi education systems. Your Statement of Interest may be publicly posted for election
purposes. Print or type clearly in black ink.
Statement of Interest of: _____________________________________________ (Print Your Name)

Candidate’s Affirmation
I swear (or affirm) that: the information provided on this form is correct to the best of my knowledge; that I
have reviewed the requirements of HBE membership; that I satisfy or will satisfy all requirements to hold this
office; I will consent to a background check; and if I am elected, I will take the oath of office.
I further swear (or affirm) that if I am a Hopi Tribal Council member, local school board member, or an
employee of the Hopi Department of Education and Workforce Development, Central Administration Office,
local school, or pre-school of the Hopi School System, and am elected to the HBE, I will resign from this
position in writing and provide a copy of my resignation to the Hopi Elections Office prior to taking the HBE
oath of office.

Candidate’s Signature:

Date:
2 of 2

P.4

P.5

P.6

P.7

P.8

P.9

P.10

HOPI BOARD OF EDUCATION ELECTION
CANDIDATE PACKET
CANDIDATE FILING DEADLINE: August 27, 2026, 5:00 p.m.
ELECTION DATE: November 12, 2026
Candidate Checklist
Each of the following forms and documents must be completed, placed in a sealed envelope, and
must be RECEIVED no later than August 27, 2026, 5:00 p.m. by the Hopi Elections Office by either:
•
•
•

Dropping off in person to the Hopi Elections Office, or
Scanned and emailed to AlfLomaquahu@hopi.nsn.us or
Mailed to Hopi Elections Office, P.O. Box 553, Kykotsmovi, AZ 86039.

To properly submit your candidacy for the Hopi Board of Education, check the
following steps once you complete them:
Complete and submit the Affidavit of Candidacy Form.
• Answer ALL questions, and indicate “Not applicable” on questions that do not apply to you.
• Sign and Date the Form.
• Submit to the Hopi Elections Office following the instructions.
Complete and submit the Background Check Forms for the HBE Election 2026.
• Complete all pages of the Background Check Forms for the HBE Election 2026.
• Answer ALL questions, and indicate “Not applicable” on questions that do not apply to you.
• Sign and Date the Form in all places and pages indicated.
• Submit to the Hopi Elections Office following the instructions.
Complete and submit the Candidate Checklist Form.
• Sign and Date this Form.
• Submit to the Hopi Elections Office following the instructions.
Submit a current, close-up photo showing your head and shoulders to the
Hopi Elections Office.
By signing below, I confirm that I have read all instructions, understand the eligibility qualifications
for the HBE Election 2026, and have completed and submitted all required documents.
Print Name: ___________________________________________________________________
Signature: ____________________________________________ Date: __________________
P.11

ATTENDANCE AREA DESIGNATIONS MAP

MDS

KCES
HBCS

FMES
HDS
SMDS

HJSHS is entire Hopi Reservation.

P.12

HOPI SCHOOL SYSTEM ELECTION HANDBOOK
CHAPTER 8300 - HSS ELECTION HANDBOOK
Section 8301 Source of Authority
A. The HSS Election Handbook shall govern all elections for HBE Attendance Area
members, At-Large HBE members, and local school board elections.
1. Provisions specific to HBE elections are found in Sections 8301 – 8360 of the HSS
Manual.
2. Provisions specific to local school board elections are found in Section 8370 of the
HSS Manual.
B. The sources of authority for the HSS Election Handbook are the Hopi Education Code
and the HBE Bylaws.
1. All provisions in the HSS Election Handbook whose source is the Hopi Education
Code may not be amended by the HBE unless the Hopi Tribal Council first amends
the Code.
2. All provisions in the HSS Election Handbook whose source is the HBE Bylaws
may not be amended by the HBE unless the Bylaws are first amended and approved
by the Hopi Tribal Council.
C. The Code provides the HBE with the authority to develop additional policies and
procedures to govern HSS elections so long as they do not conflict with the Code and
the HBE Bylaws. Legal Ref.: Code, secs. 4.6.A(2)(a), 4.11.B. These provisions may
be amended by the HBE as future needs may be identified.
Section 8310 General Principles for HBE Elections
A. HBE Members shall remain in office until the end of their term as defined in Section
8321, or their successor has been elected and sworn in.
B. If a current HBE Member, elected to an At-Large position, wishes to run for an
Attendance Area HBE member position, he/she shall first resign their position as an
At-Large HBE member prior to becoming a candidate for the Attendance Area HBE
member position.
Section 8311 HBE Membership
A. Seven (7) HBE members shall be elected from each Attendance Area as shown on the
“Attendance Area Designations Map” and as listed below:
1. Moencopi Day School;
2. Hotevilla Bacavi Community School;
3. Hopi Day School;

P.13

4. Second Mesa Day School;
5. First Mesa Elementary School;
6. Keams Canyon Elementary School; and
7. Hopi Junior Senior High School.
B. Two (2) At-Large HBE members shall be elected from the entire Hopi Reservation.
C. The interim HBE shall consist of the number of members appointed by the Hopi Tribal
Council as set forth in Section 4.1.F of the Code.
Section 8312 HBE Elections conducted by Hopi Election Office
Elections for the nine (9) HBE members shall be conducted by the Hopi Election Board
and the Hopi Elections Office. Legal Ref.: Code, sec. 4.2.B.
Section 8320 Qualifications and Eligibility Requirements
A. The seven (7) HBE members elected from each attendance area shall satisfy the
following qualifications:
1. At least twenty-five (25) years of age;
2. Preferred to be an enrolled Hopi Tribal member, but it is not required;
3. Not a member of the Hopi Tribal Council or a local school board;
4. Successfully pass a background check as defined in the Hopi Education Code; and
5. Not a current employee of the Central Administration Office, the Hopi Department
of Education and Workforce Development, local school, or pre-school of the Hopi
School System.
6. Not a direct relative of an employee who is employed by the attendance area school
the member represents. Legal Ref.: Code, sec. 4.2.D(1)-(6).
B. The two (2) at-large HBE members shall satisfy the following qualifications:
1. Hold at least a Bachelor’s degree in education or education-related field from an
accredited institution
2. At least twenty-five (25) years of age;
3. An enrolled member of the Hopi Tribe;
4. Not a member of the Hopi Tribal Council or a local school board;

P.14

5. Successfully pass a background check as defined in the Hopi Education Code; and
6. Not a current employee of the Central Administration Office, the Hopi Department
of Education and Workforce Development, local school, or pre-school of the Hopi
School System. Legal Ref.: Code, sec. 4.2.E(1)-(6).
C. The CSA shall determine whether candidates for the HBE satisfy the HBE’s eligibility
requirements. Legal Ref.: Code, sec. 4.2.F.
D. If a Hopi Tribal Council member, local school board member, or employee of the
Central Administration Office, the Department, local school, or pre-school of the Hopi
School System is elected to the HBE, he or she shall resign in writing from that position
before he or she takes the oath of office as a member of the HBE. Legal Ref.: Code,
sec. 4.2.K.
E. “Direct relative” of an employee or Candidate means an employee’s or Candidate’s
parent, sibling, child, or spouse through legal or traditional Hopi marriage, and includes
a domestic live-in partner and a non-biological child through adoption or legal
guardianship.
F. All written resignations required under Section 8320(D) shall be provided to the Hopi
Elections Office prior to taking the HBE oath of office.
Section 8321 Terms of Office
A. To stagger the terms of office for the HBE, the initial terms of office for voting HBE
members shall be four (4) year and two (2) year terms.
B. The terms of office shall be staggered as follows:
1. Four (4) of the voting members shall have an initial term of two (2) years; and
2. Five (5) of the voting members shall have an initial term of four (4) years (Code,
secs. 4.3.A(1), (2)).
C. The determination of which HBE members shall serve the initial two (2) and four (4)
year terms shall be by random draw, except that the two (2) initial At-Large members
shall not draw and shall serve in two (2) of the initial four (4) year terms. Legal Ref.:
Code, sec. 4.3.B.
D. The random draw to determine HBE Attendance Area members’ terms of office shall
be held prior to the public posting of eligible Candidates and shall be conducted by the
Hopi Tribal Council’s Health and Education Committee.
E. All elected HBE members shall begin their terms on January 1. Legal Ref.: Code, sec.
4.1.C.

P.15

F. Following the initial terms of office, the terms of office for all elected HBE members
shall be four (4) years. Legal Ref.: Code, sec. 4.3.A.
G. Hopi Board of Education members shall serve no more than two (2) terms
consecutively. The initial two (2) year and four (4) year terms shall be included in the
two (2) consecutive term limit. Legal Ref.: Code, sec. 4.3.C.
H. The term of office for the interim HBE shall be as follows:
1. The term of office for the interim HBE shall be three (3) years, or until the first
elected HBE is sworn in following the HBE election in the Year 2024, Code, sec.
4.1.F(5); and
2. An interim HBE member’s term shall not count toward the Code’s two (2)
consecutive term limit for HBE members, Code, sec. 4.1.F(7).
Section 8322 Notice of Election
A. A “Notice of Election” shall be announced at least ninety (90) calendar days from the
date of the election.
B. Notices shall be posted at public locations throughout the Hopi Reservation.
C. Notices shall be published in local newspapers, village newsletters, local radio station,
and social media as allowed by school policy.
Section 8323 Call for Candidates
A. Candidate Packets shall be available at least ninety (90) calendar days from the date of
the election.
B. The Candidate Packet shall be made available at:
1. Each of Hopi’s seven Tribally Controlled schools for in-person pick up following
health and safety procedures;
2. Online at www.hopi-nsn.gov/tribal-government/hopi-elections-office/; and
3. Hopi Elections Office for in-person pick up following health and safety procedures
and when staff are in the office.
C. Candidates shall seek election for one (1) position only.
D. The Hopi Election Board shall offer at least one (1) information session to provide
information on the new HBE roles and responsibilities, election procedures, and answer
questions.
E. A “deadline date” shall be determined for Candidates to submit a completed Candidate
Packet to the Hopi Elections Office.

P.16

F. Candidates shall follow the Packet instructions, complete and sign all required forms,
and return all required forms and documents by the deadline date in a sealed envelope
by one of the following methods:
1. Hand delivery to the Hopi Elections Office;
2. Scan your completed and signed Candidate forms and photo and email them as an
attachment to the Hopi Elections Office at kshupla@hopi.nsn.us; or
3. Mail to the Hopi Elections Office, P.O. Box 553, Kykotsmovi, AZ 86039.
G. The Candidate shall provide all necessary documents, signatures, and affirmations to
prove that the information provided in submitted documents is true and accurate.
H. The Hopi Elections Office shall receive, log in and time/date stamp, and not alter any
documents submitted.
Section 8324 Review of Candidate Qualifications
A. By the conclusion of five (5) working days after the deadline date, the CSA shall
determine whether Candidates satisfy the HBE eligibility requirements on all Packets
received on or before the deadline date.
B. Candidates shall be given an opportunity to correct errors in their Packets as follows:
1. During the five (5) working days set forth in Section 8324(A), if it is determined
that a Candidate’s Packet contains an error, is missing information, or otherwise
not properly completed, the CSA shall contact a Candidate by email to inform him
or her of the error; and
2. If the Candidate does not provide the CSA with information to correct the error
within two (2) working days from the date of notification, the Candidate shall not
be eligible for the HBE election.
C. Once a Candidate’s Packet is reviewed and the CSA determines that a Candidate is
preliminarily eligible, the CSA shall provide that Candidate’s name to the HSS
Personnel Department for a background check.
D. Background Checks shall be conducted as follows:
1. The HSS Personnel Department shall conduct the background checks by making
inquiries to federal, State, and Tribal law enforcement and other relevant agencies;
2. Successful passage of a background check includes but is not limited to an
individual not having been found guilty of or pled no contest to a felony or any
offense under federal, state, or tribal law involving crimes of violence, prostitution,
crimes involving a sexual offense, crimes against a child, or fraud or financial
crimes (see Code, sec. 3.8.E);

P.17

3. If a Candidate is found to have committed any of the crimes listed in Section
8324(D)(2), they shall be deemed to have failed the background check and shall
not be eligible to proceed further as a Candidate in the HBE election;
4. The HSS Personnel Department shall complete and provide the background check
results to the CSA at least thirty (30) calendar days prior to the election (see Code,
sec. 3.8.D(2)).
E. The CSA shall determine whether all Candidates have met the qualification
requirements.
F. The CSA shall submit all Candidate Packets whom the CSA has determined are eligible
for the HBE election to the Hopi Elections Office.
G. If a Candidate is eligible, the CSA shall send a written notice by certified mail with
return receipt to the Candidate stating that the Candidate has been found eligible to
appear on the ballot.
H. If a Candidate is found ineligible, the CSA shall send a written notice by certified mail
with return receipt to the Candidate stating why the Candidate was found ineligible.
I. If an eligible Candidate decides to withdraw his or her name from the election, he or
she shall submit a written request to withdraw to the Hopi Elections Office no later than
five (5) working days after the postmark date of the official notification to the
Candidate. This will avoid the Candidate’s name being printed on the ballot.
J. If there are no eligible Candidates for any given Attendance Area or At-Large member
position, that position shall not be on the ballot, and a special election shall be held for
that position no later than ninety (90) days of the election.
Section 8325 Request for Reconsideration of Eligibility Determination
A. If a Candidate is found ineligible, the Candidate may submit a signed and dated written
request stating the reasons for reconsideration to the CSA within five (5) working days
of the postmark date of the eligibility notice.
B. The CSA shall issue a decision within two (2) working days of receiving the
reconsideration request and provide its decision to the Candidate by certified mail with
return receipt.
C. If the Candidate is not satisfied with the reconsideration decision, the Candidate may
file an appeal with the Hopi Tribal Courts, no later than five (5) working days of the
postmark date of the CSA’s mailing of its decision on the reconsideration.
D. The Tribal Courts’ decision(s) shall be final and not subject to further appeal.

P.18

Section 8326 Posting of Eligible Candidates
A. The Hopi Election Board shall post a listing of the eligible Candidates no later than two
(2) working days from the date the CSA provides his or her eligibility determinations
to the Hopi Election Board.
B. The list of eligible Candidates shall be posted in areas most visited by the general public
and local media.
Section 8327 Preparation of Ballots
A. Once the postings of the eligible Candidate names are made public, the preparation of
ballots shall begin.
B. A draft ballot shall be prepared for the Attendance Area and At-Large members for
review by the Hopi Election Board as follows:
1. Drawing of names for position on the ballot; and
2. List of approved names for each position in order drawn.
C. Review by the Hopi Election Board shall include accuracy, proper spelling, proper
placement of the positions, correct photo to name placement, and proper ballot style
for all Attendance Area and At-Large members.
D. Hopi Election Board shall approve the draft ballot styles to be prepared for printing.
Section 8328 Ballot Style
A. Ballot style for each of the six (6) elementary school Attendance Areas shall be as
follows:
1. Moencopi Day School, Hotevilla Bacavi Community School, Hopi Day School,
Second Mesa Day School, First Mesa Elementary School, and Keams Canyon
Elementary School Attendance Area Ballots;
2. Vote for no more than one (1) Candidate; and
3. Candidate Listings for each Attendance Area.
B. Ballot style for the Hopi Junior Senior High School Attendance Area shall be:
1. Hopi Junior Senior High School Attendance Area Ballot (entire Reservation);
2. Vote for no more than one (1) Candidate; and
3. Candidate Listing for the Attendance Area.

P.19

C. Ballot style for At-Large Members shall be:
1. At-Large Members Ballot (entire Reservation);
2. Vote for no more than two (2) Candidates; and
3. Candidate Listing.
Section 8329 Eligible Voters and Voting Methods
A. The Hopi Enrollment Office shall prepare the Registry of Eligible Voting Members
(“Voter Registry List”) for the HBE elections.
B. Attendance Area HBE Members. To be eligible to vote in an election for a school
Attendance Area, voters shall satisfy the following qualifications on election day:
1. Be eighteen (18) years of age or older.
2. Must be either:
a. A resident of the Attendance Area for which they are seeking to vote; or
b. A parent or legal guardian of a child enrolled in the school of the Attendance
Area for which they are seeking to vote.
3. May only vote in one Attendance Area election per election cycle.
C. At-Large HBE Members. To be eligible to vote in an election for the At-Large
positions, voters shall satisfy the following qualifications on election day:
1. Be eighteen (18) years of age or older.
2. Be an enrolled Hopi Tribal member or a resident of the Hopi Reservation.
3. Eligible voters may vote for two At-Large candidates, and the top two candidates
in total votes shall be deemed winners of the At-Large HBE election.
D. Mail-in Voting shall be available as follows:
1. Any eligible voter may request a mail-in ballot from the Hopi Elections Office to
cast his or her vote;
2. Requests for mail-in ballots shall be made prior to thirty (30) calendar days before
the election date; and
3. Mail-in ballots shall be postmarked on or before the election date to be counted.
E. Assistance for voters with disabilities shall be made.

P.20

Section 8330 Polling Sites
A. Subject to change to accommodate health and safety measures, one (1) polling site shall
be located in a community center or building in each of the following communities for
a total of six (6) polling sites:
1. Keams Canyon Communities (Spider Mound, Jeddito, and Keams Canyon);
2. First Mesa Communities (Walpi, Sichomovi, and Tewa);
3. Second Mesa Communities (Sipaulovi, Mishongnovi, and Shungopavi);
4. Third Mesa Communities (Kykotsmovi and Oraibi);
5. Third Mesa Communities (Hotevilla and Bacavi); and
6. Moencopi Communities (Upper Moenkopi and Lower Moencopi).
B. Additional polling sites may be added if funding and building locations are available
and a need for additional polling sites arises.
C. No voting shall be held at the schools due to Sex Offender Registration and Notification
Act purposes and restrictions.
D. For Emergency Voting procedures, see Election Day, Section 8331(C).
Section 8331 Election Day
A. All approved polling sites shall open from 7:00 a.m. – 7:00 p.m.
B. On-site, in-person voting shall be held for all eligible voters with health and safety
guidelines; and
C. Any other election procedures or practices needed to protect voters and election staff’s
health and safety.
Section 8332 Poll Officers
A. Poll Officers shall be hired and assigned for each polling site as follows:
1. The Hopi Elections Office shall hire three (3) Poll Officers to serve in the following
positions: “Judge,” “Clerk,” and “Marshal,” whose duties and responsibilities shall
generally be as follows:
a. “Judge” shall supervise the operation of the election polling site;
b. “Clerk” shall maintain the Voter Registry list, handout ballots to voters, and
maintain list of names of people who have voted; and

P.21

c. “Marshal” shall keep order at the polling site and maintain social distancing of
staff and voters.
2. “School Enrollment Clerk”: Each of Hopi’s Tribally Controlled Schools shall
provide one (1) school registrar, school receptionist, or someone who has extensive
knowledge of parents and guardians from each Attendance Area school to be
present at the polling site and to assist with identifying whether a voter is a parent
or guardian of an enrolled student. The schools shall provide compensation for this
position.
B. Alternate Poll Officers shall be selected, shall receive training, and be on stand-by on
the day of the election to work in the event a Poll Officer is not available to work on
election day.
C. Poll Officer minimum qualifications are:
1. Must be eighteen (18) years or older;
2. Must pass a background check; and
3. Must be available to work the entire day of the election.
D. Advertisement for the Poll Officers shall be placed at least forty-five (45) days prior to
the election date.
E. Interviews of the Poll Officer applicants and the recommendation of hires shall begin
at least thirty (30) days prior to the election date.
F. Payment for Poll Officers and Alternates shall be made available for hours worked.
G. Election training for Poll Officers and Poll Officer Alternates shall be conducted prior
to election day.
H. Poll Officer oath of office shall be given on the day of election training.
I. Poll Officers and any Alternates who work on the day of the election shall receive one
(1) meal on the day of the election.
J. School employees, HBE members and local school board members are not eligible to
serve as Poll Officers for the HBE election.
Section 8333 Election Support Services
A. Hopi Tribal Law Enforcement Officers shall:
1. Escort ballot boxes and marshals to polling sites in the morning;
2. Escort ballot boxes and marshals to canvassing headquarters after polling sites have
closed; and

P.22

3. Provide security at the canvassing site.
B. HSS Personnel Department shall:
1. Conduct background checks of HBE Candidates;
2. Advertise for Poll Officers, screen applicants, process background checks for Poll
Officers; and
3. Process new hires of Poll Officers.
C. Hopi Enrollment Office shall:
1. Verify the HBE Candidates’ Hopi Tribal membership;
2. Provide updated Voter Registry List for use at each polling site; and
3. Provide voter verification, if there is a question on a voter.
D. An Election Service Provider may be hired to:
1. Prepare a draft of and finalize the ballot style for the Attendance Area and At-Large
members;
2. Provide election training for Poll Officers and alternates;
3. Provide on-site election technical support on election day; and
4. Provide canvassing of election ballots.
E. The HSS’s Legal Counsel shall provide the following legal services related to the HBE
election:
1. Review and provide an opinion on election procedures;
2. Monitor election process on election day;
3. Monitor canvassing process on election day; and
4. Represent the Hopi Election Board and the CSA in the event of a challenge against
the Hopi Election Board and/or the CSA.
Section 8334 Canvassing
A. Only members of the Hopi Election Board, Hopi Elections Office, CSA, Poll Officers,
HSS Legal Counsel, Election Service Provider, and Hopi Tribal Law Enforcement may
be present for canvassing.

P.23

B. Counting of the ballots shall be processed by an Election Service Provider and/or the
Hopi Election Board.
Section 8335 Posting of Unofficial Elections Results
A. Posting of the Unofficial Results for all HBE positions shall be posted in the following
locations:
1. On the door of the canvassing site at the end of canvassing by the Chairperson of
the Hopi Election Board;
2. On the Hopi Elections Office website, www.hopi-nsn.gov/tribal-government/hopielections-office/; and
3. On the HSS and Hopi schools’ websites.
B. Posting of the Unofficial Results for all HBE positions shall be posted on the door of
each polling site location by the Judge for each polling site.
Section 8336 Posting of Official Results
A. Posting of the Official Results shall be posted by the Hopi Elections Office following
the challenge dates.
B. Posting of the Official Results shall be posted:
1. In areas most visited by community members;
2. Online at www.hopi-nsn.gov/tribal-government/hopi-elections-office/;
3. On the HSS and Hopi schools’ websites; and
4. In local newspaper(s) and other local media sources.
C. Official results shall be mailed to all Candidates, the CSA, the Hopi Department of
Education and Workforce Development, and the Hopi Tribal Council.
Section 8337 Challenges
A. An eligible voter, who participated in the election just held, shall be eligible to
challenge the election process and shall prove an alleged election infraction.
B. A challenge may only be filed with the Hopi Elections Office by 5:00 p.m. on the third
working day after the HBE election.
C. The challenge shall:
1. Be in written form;

P.24

2. Provide the name of the challenger, challenger’s contact information, and be signed
by the challenger;
3. State the election process that is being challenged; and
4. Describe the alleged election infraction and provide evidence thereof.
D. Anonymous challenges shall not be considered.
E. A challenge shall be submitted on or before the deadline date to the Hopi Elections
Office which shall date and time stamp the challenge document.
F. The Hopi Election Board shall have up to two (2) working days to issue a decision on
the challenge and mail it to the challenger.
G. In reaching its decision on a challenge, the Hopi Election Board may consult with the
CSA, other relevant agencies, and Election Service Provider (Section 8333) as needed.
H. If the challenger is not satisfied with the decision, the challenger may file with the Hopi
Tribal Courts no later than three (3) working days of receipt of delivery of the decision.
I. The Tribal Courts’ decision(s) shall be final and not subject to further appeal.
Section 8338 In Event of a Tie
A. In the event of a tie for any of the positions to fill a seat, the Hopi Election Board shall
prepare the completed ballots for a re-count on the night of canvassing.
B. The Hopi Election Board shall have a re-count of the ballots only if the tie will affect
the top vote getters for a position.
C. If the re-count still results in a tie, the Hopi Election Board shall notify the Candidates.
If a Candidate concedes, a document conceding the election shall be signed by the
conceding Candidate, provided to the Hopi Election Board, and no Run Off Election
shall be held.
D. If none of the Candidates concede, a Run Off Election shall be held within thirty (30)
days of the last election date for the Candidates who have tied for that position.
E. If there is a tie for the At-Large members, the top two (2) vote getters shall take the
positions. There shall be a Run Off Election only if there is a tie between three (3) or
more Candidates for these positions. If one or more Candidates concedes and there are
only two (2) remaining Candidates who are tied, there shall be no Run Off Election.

P.25

Section 8339 Run Off Election
A. In the event of a tie for any of the positions to fill a seat, a Run Off Election shall be
held thirty (30) days from the last election date. A new calendar of dates shall be issued
for that election.
B. If the Run Off Election is for one of the six (6) Elementary School Attendance Areas,
only that Attendance Area shall participate in the Run Off Election.
C. If the Run Off Election is for the Hopi Junior Senior High School Attendance Area, the
entire Hopi Reservation shall participate in the Run Off Election.
D. If the Run Off Election is for an At-Large member, the entire Hopi Reservation shall
participate in the Run Off Election.
E. All polling locations for any Run Off election shall be approved by the Hopi Election
Board.
Section 8340 Applicable Laws, Amendments and Miscellaneous Provisions
A. The election of the HBE and local school boards is governed by the Hopi Education
Code, the HSS Election Handbook, and all other applicable Resolutions, Ordinances
and Laws of the Hopi Tribe.
B. If a Candidate is found to have filed a fraudulent election packet, he or she shall not be
eligible to run in the election, shall be removed from the HBE, and shall be subject to
other penalties under applicable law.
C. Election procedures for the HBE election shall be approved by the HBE at least ninety
(90) days prior to the upcoming HBE election date.
D. HSS Election Procedures and the HSS Election Handbook may be reviewed and
amended by the HBE at a duly called public meeting.
Section 8350 Vacancies
If a vacancy occurs within the HBE membership due to death, resignation, or removal more
than a hundred eighty (180) calendar days from the date of the next election:
A. The HBE shall offer the vacant HBE seat to the runner up from the previous election
for that HBE seat. This runner up shall serve the remainder of the vacant HBE
member’s term. Legal Ref.: Code, sec. 4.5.A.
B. If there was no runner up in the previous election or the runner up is not able to serve,
the HBE shall call a special election within sixty (60) calendar days of the vacancy,
and a new HBE member shall be elected for the attendance area in which the vacancy
occurred and shall serve the remainder of that term. Legal Ref.: Code, sec. 4.5.B.

P.26

Section 8360 Recall Petition
A. General. A HBE Member is subject to recall from their office as a HBE member by
the qualified electors who are eligible to vote for HBE Members (“Qualified Electors”)
following the policies set forth in Section 8109(C) of the HSS Manual. The following
implementing procedures shall also apply to any recall petition.
B. Recall Petition Limitation. A separate petition shall be filed against each HBE member
sought to be recalled. Multiple HBE members may not be treated in a single petition.
C. Application for Recall Petition. A person or an organization intending to file a recall
petition shall, before printing or circulating the petition, submit an application for the
petition which shall contain:
1. The name of the person or organization. If an organization the officers must be
listed.
2. The address of the above.
3. A general statement of not more than two hundred words stating the grounds of the
demand for the recall. This statement shall be printed on any subsequent petition.
This general statement must allege specific just cause for the recall. Just cause
includes, but is not limited to:
a. Convictions for misdemeanor, except minor traffic offenses;
b. Violation of specific HSS policies, including, but not limited to, the policies set
forth in Chapter 8400, Code of Ethics; and
c. Any other act or acts which may discredit, damage (actual or to reputation or
otherwise harm HSS) and like conduct.
4. The identification of just cause shall include the facts and circumstances to support
the allegations. Failure to include just cause on the facts and circumstances
supporting just cause may lead to the rejection of the petition.
5. A blank for the official number that is assigned to the recall.
6. A blank for the signature of the HSS official indicating approval of the petition
(Chairperson).
D. The form of a Recall Petition shall be as set forth in the Recall Petition Form in
Appendix B of the HSS Manual.

P.27

E. Signatures and Verification.
1. Every qualified elector signing a petition for a recall election shall do so in the
presence of the person who is circulating the petition and who is to execute the
Affidavit of Verification on the reverse side of the signature sheet. At the time of
signing, the qualified elector shall sign and print his first and last name, the elector’s
residence address or if the elector has no street address, a description of his
residence location, and the date on which the elector signed the petition.
2. The person circulating the petition and before whom the signatures were written on
the signature sheet shall in an affidavit on the back of the signature sheet, subscribed
and sworn by that person before a notary public verify that each of the names on
the sheet was signed in the presence of the person circulating the petition on the
date indicated, and that in his or her belief each signer was a qualified elector. It
should be clear that the person circulating the petition must sign the affidavit for
each and every person.
3. No employee of the HSS or HBE members may apply for or circulate a petition.
Employees and HBE members may sign a petition if they so desire.
F. Filing Petitions.
1. The recall election shall be conducted pursuant to HSS election policies as and for
any other school board election. Copies of the petitioner’s grounds for petition and
the HBE member’s response to the allegations shall be available for all electors at
all polling places during the election.
2. The election shall proceed to its conclusion as provided for HBE elections under
HSS policies.
3. If the recalled HBE member receives a sufficient number of votes under the policies
they shall be re-elected and the recall shall terminate.
4. Should the recalled HBE member not prevail in the election, the winner of the
election shall be seated on the HBE. If defeated or if the recalled HBE member
resigns or steps down prior to the election, the recalled HBE member may not run
for the school board for a period of five (5) school years from the date of the recalled
election.

P.28

Section 8370 Local School Board Elections
The following sections of the HSS Election Handbook shall govern all elections for local
school board members as set forth in the Hopi Education Code, Section 6.3:
A. Elections for local school boards shall be conducted by the local schools.
B. The Principal of each local school shall determine whether local school board
candidates satisfy the local school board eligibility requirements.
C. All local school boards shall have a total of five (5) voting members.
D. The term of office for each voting board member shall be four (4) years. The initial
local school board members shall serve the following staggered terms:
1. Two (2) of the voting members shall be for an initial two (2) year term, and four
(4) years thereafter; and
2. Three (3) of the voting members shall be for an initial four (4) year term, and four
(4) years thereafter.
E. The determination of which board positions shall serve the initial two (2) year and four
(4) year terms shall be by drawing lots.
F. Local school board members shall serve no more than two (2) terms consecutively.
The initial two (2) year and four (4) year terms shall be included in the two (2)
consecutive term limit.
G. All local school board members shall satisfy the following qualifications in addition to
any qualifications established by the HBE:
1. All local school board members shall pass background checks; and
2. A local school board member shall not be a member of the Hopi Tribal Council or
the Hopi Board of Education, or an employee or direct relative of an employee of
the Department, the Central Administration Office, or a local school or pre-school.
H. Subsequent elections shall be held on an annual basis between November 1 and
December 1 with elected members beginning their terms on January 1.

P.29

HOPI EDUCATION CODE
ARTICLE 4. HOPI BOARD OF EDUCATION
Section 4.1

Creation of Hopi Board of Education as a Tribal Regulated Entity

A. The Hopi Board of Education is hereby established as an independent, Tribal Regulated
Entity, under the authority of Tribal Council Resolution H-118-2015, Section 1.H, for the
purpose of overseeing the operation of the Hopi School System.
B. The HBE shall be responsible for providing educational leadership, ensuring accountability,
and acting in an authoritative and policy-making capacity consistent within applicable
Tribal, federal, and State law.
C. The Health and Education Committee, the Director of the Department of Education and
Workforce Development, and the Transition Team officers shall determine the first election
date of the Hopi Board of Education. Subsequent elections shall be held between November
1 and December 1 with elected members beginning their terms on January 1.
D. The Hopi Board of Education established under Ordinance No. 36 shall be disbanded upon
the date of the swearing in of the Hopi Board of Education established pursuant to this Code.
A Hopi Tribal Judge shall administer the oath of office for the HBE members.
E. The local school boards originally established under Ordinance No. 36 shall continue to
operate and exercise their governing, fiscal, and oversight powers until such powers are
transferred to the HBE at a time to be determined by the HBE as set forth in ARTICLE 6 of
this Code. Upon this transfer, the new local school boards shall have the duties and
responsibilities set forth in this Code.
F.

To provide for consistency of leadership through the entire transition process unifying the
Hopi School System pursuant to this Code, the Hopi Tribal Council may appoint an interim
Hopi Board of Education in lieu of an elected HBE upon receiving nominations by the
Transition Team as follows:

P.30

(1) The Transition Team shall submit nominees to the Hopi Tribal Council for review,
approval, and appointment to the HBE.
(2) Transition Team members shall lead the recruitment of nominees for appointment and
shall inform local school boards, parents, and community members of the appointment
process and the option to submit nominees to the Transition Team for consideration.
(3) HBE nominees shall meet the qualification requirements of the HBE position for which
they are applying as set forth in Sections 4.2.D (Attendance Area members) and 4.2.E
(At Large members) of the Code.
(4) The Hopi Office of Human Resources shall timely conduct background checks of all
HBE nominees for appointment.
(5) The interim HBE, which shall be a one-time Board, shall serve for a term of three (3)
years, or until the first elected HBE is sworn in following the HBE election in the Year
2024.
(6) Interim HBE members may run in the first HBE election to help ensure consistency and
continuity on the HBE.
(7) The interim HBE term shall not count toward the Code's two-term limit for HBE
members.
(8) Staggering of the HBE terms shall begin with the first HBE election and not with the
interim HBE.
(9) Any vacancies on the interim HBE shall be filled by the Hopi Tribal Council upon
receiving a nomination from the Transition Team following the same process and
procedures set forth in this section.
(10) All provisions of the Code shall apply to the interim HBE. Where provisions refer to an
"election" or an "elected" HBE member, these provisions shall apply to the interim

P.31

HBE as if they had been elected, unless such provisions are inconsistent with this
section, in which case the provisions of this section shall govern.
Section 4.2

Organizational Membership

A. The HBE voting members positions are comprised as follows:
(1) One (1) member shall be elected from each of the seven (7) attendance area
designations for a total of seven (7) members; and
(2) Two (2) members shall be at-large members elected by the entire Hopi voting
membership.
B. Elections for the nine (9) HBE members shall be conducted by the Hopi Election Board and
the Hopi Election Office.
C. The Director of the Department of Education and Workforce Development shall be
appointed to the HBE as an ex officio member and shall not have any voting rights.
D. The seven (7) HBE members elected from each attendance area shall satisfy the following
qualifications:
(1) At least twenty-five (25) years of age;
(2) Preferred to be an enrolled Hopi Tribal member, but it is not required;
(3) Not a member of the Hopi Tribal Council or a local school board;
(4) Successfully pass a background check as defined in this Code;
(5) Not a current employee of the Central Administration Office, the Department, local
school, or pre-school of the Hopi School System; and
(6) Not a direct relative of an employee who is employed by the attendance area school the
member represents.
E. The two (2) at-large HBE members shall satisfy the following qualifications:

P.32

(1) Hold at least a Bachelor's degree in education or education-related field from an
accredited institution;
(2) At least twenty-five (25) years of age;
(3) An enrolled member of the Hopi Tribe;
(4) Not a member of the Hopi Tribal Council or a local school board;
(5) Successfully pass a background check as defined in this Code; and
(6) Not a current employee of the Central Administration Office, the Department, local
school, or pre-school of the Hopi School System.
F.

The Transition Team shall determine whether candidates for the HBE satisfy HBE's
eligibility requirements. Once the CSA is hired, the CSA shall determine whether
candidates for the HBE satisfy HBE's eligibility requirements.

G. Each HBE member shall have one (1) vote at all regular and special meetings.
H. Hopi Board of Education members shall vote for a Chairperson and Vice Chairperson of the
Hopi Board of Education from amongst their voting members. The HBE may select
additional officers from amongst their voting members as it deems necessary. The HBE
shall select the Chairperson, Vice Chairperson, and any other officer position(s) at the first
meeting in January following their election.
I.

The Chairperson, Vice Chairperson, and any other officer position(s) shall serve as officers
until after the next election, when the HBE shall select new officers. If their term on the
HBE extends beyond their position as officers, the member(s) shall serve the remainder of
their term(s) as non-officer(s).

J.

The Chairperson of the HBE shall vote only in the event of a tie vote.

K. If a Hopi Tribal Council member, local school board member, or employee of the Central
Administration Office, the Department, local school, or pre-school of the Hopi School

P.33

System is elected to the HBE, he or she shall resign in writing from that position before he
or she takes the oath of office as a member of the HBE.
Section 4.3

Terms of Office

A. The term of office for each voting HBE member shall be four (4) years. The positions shall
be staggered as follows:
(1) Four (4) of the voting members shall be for an initial two (2) year term, and four (4)
years thereafter; and
(2) Five (5) of the voting members shall be for an initial four (4) year term, and four (4)
years thereafter.
B. The determination of which HBE positions shall serve the initial two (2) and four (4) year
terms shall be by drawing lots, except the two (2) initial at-large members shall not draw
lots. The two (2) initial at-large members shall serve in two (2) of the five (5) member
positions with an initial four (4) year term.
C. Hopi Board of Education members shall serve no more than two (2) terms consecutively.
The initial two (2) year and four (4) year terms shall be included in the two (2) consecutive
term limit.
Section 4.4

Removal from the HBE

Hopi Board of Education members may be removed by the Tribal Council for cause and are
subject to removal pursuant to the rules and procedures regarding removal of elected officials
established in the HBE bylaws developed pursuant to this Code.
Section 4.5

Vacancy on the HBE

If a vacancy occurs within the HBE membership due to death, resignation, or removal more than
a hundred eighty (180) days from the date of the next election:

P.34

A. The HBE shall offer the vacant HBE seat to the runner up from the previous election for that
HBE seat. This runner up shall serve the remainder of the vacant HBE member's term.
B. If there was no runner up in the previous election or the runner up is not able to serve, the
HBE shall call a special election within sixty (60) calendar days of the vacancy, and a new
HBE member shall be elected for the attendance area in which the vacancy occurred and
shall serve the remainder of that term.
Section 4.6

Duties and Obligations of the Hopi Board of Education

A. In consultation with local school boards and Principals, the HBE shall establish and oversee
educational policy, fiscal management, and administrative services for all local schools
within the Hopi School System. In addition to other duties stated in this Code, the duties
and obligations of the HBE shall include, but are not limited to:
(1) Setting the direction and overseeing the Hopi School System by:
a.

Relying on Hopi culture, philosophy and values to oversee the creation of a
learning environment within all local schools that supports life-long learning,
traditional dispute resolution systems, and community based learning;

b.

Focusing curriculum and programming on academics, Hopi language, culture, and
history, Hopi civics, the Reservation's natural resources and economies, health and
nutrition, students' self-confidence and emotional well-being, and parenting and
family life;

c.

Determining the administrative areas which shall be centralized in the initial
Central Administration Office, see Appendix A (Hopi School System
Organizational Chart);

d.

Maintaining awareness of local school board, local school, and pre-school matters;

P.35

e.

Ensuring that all local schools receive services based on their student enrollment
and status as a Tribally Controlled School;

f.

Resolving or causing to be resolved conflicts between local school boards;

g.

Hiring an attorney to provide legal services and representation for all entities of the
Hopi School System;

h.

Negotiating cooperative agreements with local educational agencies located off the
Reservation which teach Hopi students to meet the unique educational and
culturally related academic needs of Hopi students;

i.

Attending professional development training; and

j.

Ensuring that all applicable Hopi, federal, and State education laws are followed.

(2) Establishing policies and procedures and educational goals by:
a.

Drafting Hopi School System policies and procedures in accordance with this Code
and as set forth in Section 4.11;

b.

Creating a comprehensive program for special needs education; and

c.

Ensuring that policies and procedures are properly implemented by local schools,
local school boards, and all other entities of the Hopi School System.

(3) Overseeing Hopi School System Employees:
a.

Hiring, supervising, evaluating, and discharging the CSA of the Hopi School
System;

b.

Approving or disapproving the hiring of Central Administration Office staff, who
shall work under the supervision of the CSA to provide administrative services to
the schools and implement Hopi School System policies and procedures;

c.

Hiring and discharging Principals after reviewing recommendations from local
school boards and the CSA;

P.36

d.

Developing policies and procedures to address employment disputes, which shall
include, but not be limited to dismissal of educators, non-renewal of contracts,
suspensions, violations of the Code of Ethics, due process protocols, and requests
for hearings; and

e.

Approving or disapproving local schools' hiring recommendations for local school
staff.

(4) Ensuring accountability to the Hopi Sinöm by:
a.

Overseeing the drafting of the Annual State of Hopi Education Report;

b.

Evaluating the CSA and setting policies for evaluation of other personnel;

c.

Keeping records and minutes of all meetings, which shall be prima facie evidence
of the facts stated therein;

d.

Reviewing regular, monitoring, and evaluation reports from the CSA and local
schools regarding the condition, needs, and progress of education services and staff
on the Reservation;

e.

Serving as a judicial and appeals body;

f.

Evaluating HBE's own effectiveness through self-evaluation; and

g.

Providing written notice to the Tribal Council of any filed or potential litigation,
mediation, or arbitration against any entity or employee of the Hopi School System.
This notice shall be provided to the Tribal Council within seven (7) days of the
HBE or a HBE member becoming aware of the filed or potential litigation,
mediation, or arbitration.

(5) Review and approve annual appropriations and operating budgets for the Hopi School
System, Central Administration Office, local school boards, and local schools consistent
with this Code.

P.37

Section 4.7

Duties and Obligations of the Hopi Board of Education Chairperson
and Vice-Chairperson

A. The Hopi Board of Education Chairperson shall:
(1) Prepare an agenda for all HBE meetings in consultation with the CSA; and
(2) Preside over all HBE meetings and oversee HBE functions.
B. If the Chairperson resigns or is removed from the HBE, a new Chairperson shall be selected
at the first monthly meeting following the vacancy of the Chairperson.
C. The Hopi Board of Education Vice-Chairperson shall perform all Chairperson functions in
the event of the absence, resignation, or removal of the Chairperson.
Section 4.8

Hearings

The Hopi Board of Education shall have the power to hold public hearings on education related
topics as needed.
Section 4.9

Committees

A. The Hopi Board of Education may create short and long term "Committees" and
"Subcommittees" to address and focus on specific, education related issues. The
Committees shall not have authority to make decisions on behalf of the HBE and shall
instead serve as fact-finding and advisory bodies to the HBE.
B. Committee Membership may include, but not be limited to HBE members, Principals,
educators, parents, field specialists/professionals, business managers, students, elders, Tribal
employees, and community members. Total Committee membership shall not exceed six
(6) members and not be less than four (4) members.
C. Committee members shall be appointed to a Committee by a majority vote of a properly
held meeting of the HBE. Hopi Board of Education members may make their own

P.38

Committee nominations for the HBE to consider, and local school boards, local schools, and
other Stakeholders may also submit Committee nominations. HBE shall provide thirty (30)
days public notice of the establishment of a Committee.
D. The Hopi Board of Education shall create the following short and long term Committees:
(1) Policies and Procedures Committee: To research and lead effort to draft Hopi School
System policies and procedures. HBE shall consider appointing Subcommittees under
the Policies and Procedures Committee for certain substantive, topic areas, e.g.,
personnel policies, fiscal management, and operations and maintenance.
(2) Strategic Planning Committee: To assist in strategic planning and creation of a
Comprehensive 5-year and 10-year Hopi Education Plan. This Plan shall include a
mission statement for the Hopi School System which shall address the significance of
education for Hopi students, desired educational outcomes for students, and the role of
the Tribe's sovereignty and jurisdiction over the schools within the Hopi Reservation.
(3) Evaluations Committee: To assist with the creation of evaluation criteria, procedures,
and due process protocols for Hopi School System employees.
(4) Hopilavayi Committee: To assist in the creation of a comprehensive Hopi language,
culture, and history curriculum and assessment program.
(5) Behavioral Wellness Committee: To identify needs for behavioral health and social
services within the schools and assist in the coordination of these services for the
schools.
(6) Separating Junior High Committee: To analyze and assist in the separation of seventh
(7th) and eighth (8th) graders from the Hopi Junior Senior High School, which has been
identified by Stakeholders as a significant need at the Hopi Junior Senior High School.

P.39

(7) Hopi Youth Committee: To enable Hopi students to gather and identify issues of
concern, share ideas and resources, help solve school and community issues, and
develop self-confidence, identity, and responsibility.
(8) Hopi Education Standards, Assessments, and Accountability Committee: To oversee
development of Hopi's own standards, curriculum, assessments, and accountability
measures by receiving a waiver from federal and State requirements.
Section 4.10 Bylaws
A. The HBE shall adopt bylaws establishing rules of procedure and internal governance
following the Hopi Board of Education's first swearing in.
B. As soon as the bylaws are completed, the Hopi Board of Education shall submit the bylaws
to the Hopi Tribal Council for approval and ratification.
C. Recall and termination procedures for HBE members shall be specified in the bylaws.
Section 4.11 Policies and Procedures
A. The HBE shall adopt Hopi School System policies and procedures following the hiring of
the CSA. Once they are adopted, the policies and procedures shall be submitted to the Hopi
Tribal Council for their information.
B. In the event of a conflict between the Hopi School System policies and procedures and this
Code, the terms of this Code shall govern.
C. The HBE shall create a Policies and Procedure Committee to lead the development of the
Hopi School System policies and procedures as described in Section 4.9.D(1). The HBE
shall also consult with the CSA, local school boards, principals, educators, parents, and
other Stakeholders, and consider special circumstances of local schools prior to final
adoption of the policies and procedures.

P.40

D. Hopi School System policies and procedures shall utilize traditional Hopi values and
customs in the development of discipline and dispute resolution policies.
E. Hopi School System policies and procedures shall prohibit corporal punishment as a form of
discipline in any policy of the Hopi School System.
F.

The policies and procedures to be adopted by the HBE shall include, but not be limited to
the following:
(1) An evaluation policy for all local school staff;
(2) A social media policy for the Hopi School System;
(3) A policy for expulsion of students and possible development of an alternate education
school or program;
(4) A nepotism policy in hiring and staffing decisions;
(5) A policy establishing criteria for determining renewal and non-renewal of contract
employees of the Hopi School System, which shall be based on performance,
evaluations, and/or conduct, and shall include written notification to an employee of the
reason(s) based on statements of fact for a non-renewal determination;
(6) Background check and personnel policies for all Hopi School System staff and local
school board members;
(7) A policy requiring professional development trainers to be certified or have recognized
expertise in their respective fields; and
(8) Policy, procedures, and criteria for creating a comprehensive Hopi language and culture
program as set forth in ARTICLE 13 of this Code.

Section 4.12 Code of Ethics
A. HBE shall approve and adopt a Code of Ethics which shall apply to HBE members,
educators, local school board members, and all employees of the Hopi School System. The

P.41

Code of Ethics shall contain procedures for hearings and resolution of any ethical issues,
including the presentation of written or oral testimonies and evidence, consideration of
testimony and evidence, and appropriate and reasonable penalties for violations of the Code
of Ethics.
B. HBE members shall not participate in or be present for discussion or decisions involving
their direct relatives, business interests or possible conflicts of interest.
Section 4.13 Responsibility for Unacceptable Performance of Duties
In exercising any powers granted, each HBE member shall not be immune from any
responsibility that results from willful, knowledgeable and unacceptable performance of his/her
duties.
Section 4.14 Meetings
A. The HBE shall hold a minimum of eleven (11) monthly meetings per year, or on a schedule
as is necessary to carry out its responsibilities, or at the call of its Chairperson.
B. Hopi Board of Education meetings shall rotate among all seven (7) attendance areas so that
any and all interested Stakeholders have the opportunity to attend a HBE meeting. At least
one (1) meeting per year shall be held within each attendance area.
C. All meetings of the HBE where official action is taken shall be public. Executive sessions
of the HBE may be called to review materials or to discuss, but not act upon, sensitive or
confidential matters. Executive sessions shall not be open to the public.
D. A quorum shall consist of a simple majority of the voting HBE members, however a quorum
shall not be less than five (5) voting members. Quorum shall be required to begin an official
meeting of the HBE.

P.42

E. A simple majority of the voting HBE members who form a quorum is necessary to pass an
official action of the HBE.
F.

During HBE meetings, an opportunity shall be made available for the public to speak on any
issue on the HBE's agenda. Members of the HBE may not reach a decision or take legal
action regarding matters that are not specifically identified on the agenda. Action taken as a
result of any public comment shall be limited to directing staff to study the matter,
responding to comments, or scheduling the matter for further consideration and decision at a
later date. Public comments relative to a specific agenda item may be heard during the
HBE's discussion of that item if agreed to by a majority of the HBE, otherwise public
comments shall be made only during the public comment period.

G. The CSA, local school board president, and Principals shall provide monthly school reports
to the HBE to be delivered at each regular monthly HBE meeting. The HBE shall decide if
these reports are to be either in written or oral form.
H. Special Meetings shall be allowed as follows:
(1) Special meetings may only be held for significant and time sensitive matters. Special
meetings may be called if the Chairperson or five (5) HBE members agree that a special
meeting is warranted. An agenda shall be prepared by the Chairperson.
(2) The Chairperson shall provide at least forty-eight (48) hours written notice and the
agenda to all HBE members, the public, the CSA, local school boards, and Principals.
I.

Any person who requests the HBE to accept an appeal or any other hearing or meeting shall
first exhaust all Hopi School System remedies, policies and procedures prior to requesting
an appeal as provided for in this Code or HBE policies and procedures.

P.43

Section 4.15 Hopi School System Budget
A. Each year, HBE shall approve a budget for the Hopi School System. Once determined, this
budget shall be made available to the public.
B. Local schools shall receive federal operational and administrative cost funding based in part
on their 3-year student enrollment average and as otherwise provided for under federal law.
The HBE shall fund necessary HBE, Central Administration Office, local school board, and
local school administrative expenses through a percentage subtracted from the grant funding
of each local school.
C. The total administrative costs allowed for the Hopi School System, which are paid by
federal grant funds, shall not exceed the amount allowable under federal law.
D. Hopi School System and other federal funds may only be used for legal services which are
necessary to advise and implement this Code and comply with applicable laws. Only the
HBE is authorized to use these funds to hire attorneys to represent any entity of the Hopi
School System.
Section 4.16 Board Expenses and Compensation
A. Each year, HBE shall approve a budget for all its travel, training, and other HBE expenses.
Hopi Board of Education members shall also receive a meeting stipend for discharging their
duties as HBE members.
B. The HBE's budget, expenses and stipends shall be included in the Hopi School System
annual audit as part of the Annual State of Hopi Education Report.
C. The HBE's budget shall be developed in accordance with the Tribally Controlled Schools
Act and other federal funding requirements applicable as Bureau-funded schools.

P.44

D. Hopi Board of Education members' compensation for participation in HBE meetings shall be
one hundred dollars ($100) per regular or special meeting. The HBE may hold as many
meetings as needed per month, but shall only be compensated for one (1) regular and one (1)
special meeting per month, except during the Transition Period, HBE members, once they
are sworn in, shall be compensated for up to four (4) meetings per month. The HBE shall
review this compensation rate every two (2) years, and may modify the rate as determined
appropriate. If the HBE meeting compensation rate is modified, the HBE shall include such
modification in its Annual State of Hopi Education Report.
Section 4.17 Transition Team and Transition Period
A. The Transition Team shall facilitate and execute the planning and implementation of the
transition from the current organization of Hopi's local schools to the Hopi School System.
B. A representative of the Transition Team shall report monthly to the Health and Education
Committee on the transition work. Once the Hopi Board of Education is sworn in,
representatives of the HBE and the Transition Team shall provide monthly reports to the
Health and Education Committee until the conclusion of the Transition Period.
C. Members of the Transition Team shall be determined as follows:
(1) Transition Team members shall include:
a.

all current Principals;

b.

a current teacher;

c.

a current Hopilavayi teacher or a person recognized for their Hopi language and
culture expertise;

d.

a parent of a currently enrolled student in a local school;

e.

a special needs education teacher or special needs education professional;

f.

a university professor with at least a Master's degree in education;

P.45

g.

a business manager or a certified public accountant;

h.

a human resources professional;

i.

a transportation professional;

j.

an operations and maintenance professional;

k.

a food services professional;

l.

a security services professional;

m. Director of the Hopi Department of Behavioral Health Services;
n.

Director of the Hopi Department of Social Services;

o.

Substitute for Principal at Keams Canyon Elementary School;

p.

Two additional Teachers (one at Hopi Junior High School and one at Hopi High
School);

q.

Parent of a currently enrolled student at the Hopi Junior Senior High School;

r.

Information Technology professional;

s.

Hopi Law Enforcement Services representative; and

t.

Vocational Education professional.

(2) Nominees shall be currently employed by a local school unless otherwise indicated in
Section 4.17.C(1).
(3) The Health and Education Committee, the Director of the Department of Education and
Workforce Development, and the Principals of Hopi's seven Tribally Controlled
Schools shall select individuals to fill any vacancies of the Transition Team members
and alternates.
(4) The Director of the Department of Education and Workforce Development and the
CSA, once he or she is hired, shall serve on the Transition Team as ex officio members
and shall have no voting rights.

P.46

D. The Hopi Tribal Secretary shall administer an oath of office to the Transition Team
members.
E. Once sworn in, the Transition Team members shall select a Chairperson, who shall call
meetings, prepare an agenda, and ensure that minutes and records of all Transition Team
meetings are taken and maintained. Members may also select additional officers, if they
determine they are necessary.
F.

Each member of the Transition Team shall have one (1) vote, except any local school which
sends more than one (1) principal and/or superintendent to participate on the Transition
Team, shall have only one (1) vote per school.

G. Within the first month of its swearing in, the Transition Team shall develop a timeline for
completing the transition to the Hopi School System.
H. Throughout the Transition Period, the Transition Team and the HBE, once it is sworn in,
shall have the authority to consult with other Tribal offices and departments so that their
expertise can inform the drafting of Hopi School System policies and procedures.
I.

Once the HBE is sworn in, the Transition Team shall come under the oversight of the HBE.
The Transition Team's work and membership shall be reviewed and any vacancies filled by
the HBE. Representatives of the Transition Team and the HBE shall report to the Health
and Education Committee at least once a month on the progress of the transition.

J.

Principals shall be required to attend all Transition Team meetings.

K. The Transition Team shall continue until all work of the transition is completed.
L. During the Transition Period, the Health and Education Committee shall recommend any
modifications to the Code's transition requirements that the Committee determines such
modification is in the best interest of the transition process and the Hopi School System to

P.47

the Hopi Tribal Council for approval. Hopi Tribal Council has fifteen (15) calendar days to
approve or disapprove such modifications.
M. Once the new Hopi Board of Education is elected and sworn in, the Hopi Board of
Education shall determine all Transition Period and related transition time frames.
ARTICLE 5. CHIEF SCHOOL ADMINISTRATOR AND CENTRAL
ADMINISTRATION OFFICE
Section 5.1

Hiring of Chief School Administrator

A. The Hopi Board of Education shall hire a Chief School Administrator who shall serve as the
Chief Operating Officer of the Hopi School System.
B. The HBE, in consultation with the Transition Team and the Department, shall draft a
position description for the Chief School Administrator, draft policies for the hiring of the
CSA, and use the Tribe's Human Resources Department to recruit and hire the CSA.
Section 5.2

Qualifications of Chief School Administrator

A. The Chief School Administrator's qualifications shall be specified by the HBE, in
consultation with the Transition Team, and shall include, but not be limited to:
(1) A Master's degree or Ed.D. degree in education or an education-related field from an
accredited institution;
(2) A current Superintendent certification;
(3) Successful passing of a background check as defined in this Code; and
(4) At least five (5) years of mid-level to senior level supervisory management with proven
experience and knowledge in:
a. Improving student achievement;

P.48

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Ahopi_arizona%3Af8e5fe364406afc3. Public record. Not legal advice.
