From the Desk of Governor Frank Lujan

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Isleta Pueblo News

Volume 7 Issue 4

April 2012

From the Desk of Governor Frank Lujan

Finally, the March winds are gone and left us

dry. But now the irrigation season is upon us

and many farmers have been busy readying

their fields. And in doing so, burning of

dry grasses and weeds on the fields and in

ditches is common. I want to remind you of

the dangers related to burning. Every year, a

fire from burning fields will get out of control

and cause damage to personal property and

at times the adjoining properties. Please be

reminded permits are still required before

burning. It is your responsibility to notify

the fire department via police dispatch so

they know location just in case a problem

arises. Please adhere to the no burn days.

Dispatch will give you notification if a no

burn day is in place. The Pueblo is here to

help prevent any major damage to property

and/or person. Lastly, please talk to your

children about the dangers of playing near

ditches. So many innocent young lives are

lost because a child wanders off and does

not realize a simple slip into a ditch may

become deadly. Please keep an eye out for

these dangers.

We have been notified by the Mayordomos

that there has been a rash of thefts of brass

fittings on the irrigation check gates. If you

notice any suspicious activities along the

ditches please call the Police Department

immediately. Do not confront anyone that

you do not know.

A couple of things the Lieutenants, general

council, and I have been working on

diligently is the transfer of the Comanche

Ranch from fee to trust status. We are

working with the Bureau of Indian Affairs

(BIA), the Department of Defense (DOD)

and the Corp of Engineers (COE). The

Pueblo has been working on this now for

the last few years and we should have

the majority of the ranch in "trust" by the

end of September, 2012: The DOD will be

responsible to provide clean-up funds for

removal of all exploded and un-exploded

ordnances throughout the ranch. This was

the primary reason the BIA was hesitant

to take the ranch into trust. However, after

many meetings the parties have agreed to

move forward with the transfer with the

following exception: there are four sites

that were primary targets where most of

the debris is scattered. These sites vary in

size and will not be included in the transfer

until such time clean-up takes place.

Funding will become available in fiscal year

2014, and at that time the DOD will engage

a contactor to begin the work. Clean-up

will be costly and time consuming but we

are finally making progress on the transfer.

Many thanks to all who have contributed

their time and energy.

The Pueblo has now in place a new

department. The tribal council has approved

what is now called the "Department of

Cultural and Historic Preservation" formally

known as the Cultural Affairs. It is has

been a long term goal of the administration

together with the Cultural Affairs Office

to establish this new department and it

finally happened on March 15, 2012. Their

mission is first and foremost to protect our

people, homes, our mother earth, water, and

preservation of our language, and traditional

and cultural ways of life. Our support of this

new department working together with the

administration, tribal council, traditional

leaders and the community will lead us

towards improvement of our livelihood in

present day and importantly for generations

to come. Thank you to Mr. Pablo Padilla,

general counsel for your legal expertise,

Mr. Valentino Jaramillo, Chairman of the

Committee, committee members, Stephanie

Zuni, and Dr. Henry Walt for hard work and

making this dream come true.

A couple of notes for your information.

Lt. Chewiwi and I will be attending the

National Indian Gaming Association (NIGA)

Conference in San Diego, CA. The Isleta

Pueblo as a gaming tribe is a member of

this association and has been for a number

of years. Just recently the State Gaming

Commission has raised issues about Free

Play and revenue reporting in addition to

questioning serving alcohol beverages in

the Poker Room which is a class H gaming

operation. NIGA will be an excellent venue

to discuss these type of issues as to how

other gaming tribes have addressed these

concerns. Gaming is a very competitive

business the networking afforded at the

NIGA Conference will afford us to see what

new innovative opportunities are available

in the gaming industry that can be applied

to our facility.

I know that many of you are wondering about

the state of affairs with tribal government.

The following information is released by

tribal council on recent actions taken on the

removal of tribal councilors Diane Peigler

and Regina J. Zuni.

TO THE ISLETA COMMUNITY

REMOVAL OF TRIBAL COUNCILORS:

On March 21, 2012, Tribal Council

invoked Article VII of the Pueblo of Isleta

Constitution and formally removed Diane

Peigler and ReGina Joyce Zuni as Tribal

Council Members for the remainder of the

2011-2012 Term. Eight Council Members

voted for the removal (Fred Lujan, Joseph

Lucero, Barbara Sanchez, Moses Lujan,

Leonard Abeita, Josephine Padilla, Mark

Dixon, and Cynthia Jaramillo) and two voted

against it (Fernando Abeita and J. Robert

Benavides). The Constitution authorizes

removal upon finding of malfeasance in office

or gross neglect of duty, by an affirmative

vote of two-thirds of full Council. Two thirds

of twelve is eight.

Tribal Council removed the two individuals

after the Isleta Police Department Chief

informed Tribal Council and Governor

of a March 1, 2012 meeting between the

two individuals and the Isleta Police

Department Chief and Captain. According

to IPD, the two individuals requested the

meeting, which was recorded by the Isleta

Police Department, and clearly shows the

two individuals discussing several police

matters and attempting to influence the

Chief and Captain. In a signed affidavit,

both the Chief and Captain stated under

oath that “I consider the various comments

made by Diane Peigler and ReGina Zuni

during the meeting as attempts to interfere

with an ongoing criminal investigation and

intimidation on how IPD should conduct its

police work.”

According to the transcript of the March

1, 2012 meeting, Diane Peigler made the

following statements:

“Now the verbage, I don’t know where she

[the Police Officer writing the Police Report

on Diane Peigler when she was arrested

on 2/21/12 for Disorderly Conduct at a

Tribal Council meeting] is getting these

lies from. Now she better have a report on

who told her this. Because she’s going to be

on the line. Because nothing occurred that

day. I don’t know where she’s getting this

information from. But I want to see the

report and I’m asking for it from this thing.

I want to see who steps up.” D. Peigler at

pg. 9 of Transcript.

“But you know what, I’m just telling you

where I’m coming from. Please and I told you

back that day Captain, that day when we

spoke, stay outta the politics. And I also, and

I also told your officers that day, I’ve always

backed this department. The minute you go

away from that book that you’re supposed

to be going by. Don’t look for help. Because

I’m not going to help you. I told ‘em that.

That’s probably on the recording they gave

to you. But I have a recording too because

I recorded that whole conversation. I want

you to know, do not get in the middle of this.

I’m just asking you for your protection, do

not get in the middle of this. Did you guys

have an order to go arrest me over there?

Did you have something from the courts

saying to go arrest me? .... Wait. Go ahead.

That’s why you guys shouldn’t have been

involved. And traditionally, traditionally

you guys don’t get involved. It’s that Sheriff

and Under Sheriff. You guys messed up

there. I’m just letting you know. And I don’t

have to tell you that. I can let you stumble

through the dark.... And please don’t make

this as a threat. I’m not threatening you,

I’m just telling you.” D. Peigler at pg. 9-10

of Transcript.

( Continued next page )

Page 2

Isleta Pueblo News

April 2012

( Continued from page 1 )

"But you know what, you guys shouldn't

have been delivering it [a Temporary

Restraining Order issued by Tribal Court]

either. They have a process server. You

guys don't need to spend (inaudible) time

on something like this. I'm not going to

hold a gun to your head if someone comes

over there. They know that. But that's the

way I took it. You know, damn. But you

guys witnessed that. I was not hostile in

there. Maybe my voice was high but my

voice is always high. But I was not hostile

and I was not violent but according to this

I was hostile and violent." D. Peigler at pg.

11 of Transcript.

"Yeah. And don't take this as me trying

to bitch at you. I'm telling you how I feel

and where I'm coming from. I've never

done that before, like I said I've always

defended this department. The minute

you go off that book, then you're going to

hear me. But if you're not going to follow

the rules and regulations then don't look

for me to back you up. I've been through

that many, many times. But like I said

if it, Oh my God. And I started crying. I

was crying. I guess that was just the straw

that broke the camel's back." D. Peigler at

pg. 12 of Transcript.

"It doesn't matter. If you can't find, they

have my, you guys have my number. You

have my number. You have my number.

And you never have returned my call." D.

Peigler at pg. 14 of Transcript.

"It's like Josephine, 'your people.' And

I said, wait, aren't my people black?

(inaudible). So who gave you the directive

to deliver it [the TRO]? The courts? .... You

don't know who gave them the directive

for you guys to deliver it?" D. Peigler at

pg. 14 of Transcript.

"And I don't appreciate what happened.

When I told them and I told them that

day, it was the Governor and one of the

other tribal officials, you would have

handed it to me. You wouldn't have left

it on the doorstep and you wouldn't have

treated me like a dog I said. I told them

that. And it's all recorded. Every single

thing that I said is all recorded, I made

sure to record it. And I didn't cuss at

them, I didn't tell them off. I just said that

I was disrespected. And I want you two

gentlemen to know that. I'm not asking

for any, again, preferential treatment,

but I'm not asking you to discipline them,

that's not what I'm asking you to. But I

don't think that you all should be getting

in the middle of everything that is going

on."

According to the transcript of the March

1, 2012 meeting, ReGina Joyce Zuni made

the following statements:

"And another thing I want to urge you

that you look into is the traditional

understanding of how the council should

be handled when these allegations of

criminality or misconduct in council

chambers. Because there's a standard of

traditional way of handling. And I'll tell

you, it's the under-sheriff .... And in no

way does the police department interfere

with that sanctity. That's executive side.

You handle the outside and what goes

on in there with them is handled by the

under-sheriffs. That's their purpose. When

this does go to court, you're going to have

a long line of traditional people telling you

guys just that. So I know you'll have a

skewed version coming from Fred, Barbara

and the rest of those people they're not

there, they're just temporary. They're not

permanent. And the continuum here is

tradition. And that's what here to uphold

and I know, I can say and I can assume

that's what you're here to uphold.... I'm

just telling you how I feel, ok? And I think

I treat your officers and your dispatch with

respect. I want people to treat me with

respect the way they should treat me, I

should treat them. Ok." R. Zuni at pg. 13

of Transcript.

"There seems to be a wide disparity between

what transpired and one individual's

perspective and now if we ask them, I

don't know if this tribe is "fundingly"

[sic] compelled to begin a police oversight

commission, every civilized state has

them. Why, because they want to ensure

that officers tow the line and that tribal

members rights aren't encroached upon

or violated. Until that takes place, until

this tribe's police department has the

balls to go there, you're going to have

people like this. You're going to have an

uproar. Right now and in the past, you

have tribal members civil rights violated.

Your officers are prosecuting people in

tribal court. Beyond that 160-80 day rule

of arraignment. That's an encroachment

of their civil rights. This tribe is lucky that

no one has decided to pursue the issue and

have a forensic audit conducted on this

police department. And that (inaudible)

justice department pull those dollars back.

And if I see this happening again, I will

personally lead the march with that." R.

Zuni at pg. 9 of Transcript.

Based on the comments made at this

meeting and misconduct reflecting

negatively on the Pueblo of Isleta by

these two individuals, on March 13,

2012, Tribal Council deliberated and

voted to approve a list of charges against

them. The list consisted of four charges

against Diane Peigler: (1) Interfering

with a Criminal Investigation and Police

Work, (2) Intimidation of the Isleta Police

Department, (3) Interfering in Police

and Social Services Matters, and (4)

Intimidation of Tribal Employees. The

list consisted of seven charges against

ReGina Joyce Zuni: (1) Interfering with

a Criminal Investigation and Police

Work, (2) Intimidation of the Isleta

Police Department, (3) Intimidation

/ Harassment of POI Employees, (4)

(another) Intimidation / Harassment of

POI Employees, (5) (another) Intimidation

/ Harassment of POI Employees, (6)

(another) Intimidation / Harassment of

POI Employees, and (7) Disrespect for

Tribal Council Protocol and Custom and

Tradition (based on a statement which

read “Prior to the Governor closing the

meeting, Governor Lujan stated that Lt.

Governor Torres informed him that at a

prior Tribal Council Meeting, ReGina

Zuni stated that she will not stay for this

nonsense as he was closing a meeting

in prayer. Governor Lujan informed

Councilwoman ReGina Zuni that if that’s

the way she feels that the “road is open

and she can leave.”) When Tribal Council

voted for the list of charges against each

individual, the vote count for each list was

ten (10) For and zero (0) Against.

According to the Constitution, Tribal

Council is required to provide the list of

written charges to each, which was done

on March 19, 2012. Also according to the

Constitution, the Tribal Council must

hold a hearing “within ten (10) days” of

providing the list. Tribal Council held the

hearings on March 21, 2012, to comply with

the “within ten (10) days” requirement.

Both hearings provided an opportunity

for Diane Peigler and ReGina Joyce

Zuni to each refute or rebut the evidence

against them, an opportunity for each to

be represented by legal counsel, and an

opportunity for each to present witnesses.

The day before the hearing, Diane Peigler

contacted tribal council, via email, that

she had a prior commitment in town and

would not attend the hearing, yet she

attended the hearing. The day before the

hearing, ReGina Joyce Zuni contacted

the council that her doctor prohibited her

from attending the hearing due to medical

reasons, yet she attended the hearing.

We expect that the two will respond with

their versions of what happened. The

video/audio tape of the March 1, 2012

meeting speaks for itself and is irrefutable.

Conduct such as this cannot be tolerated

in Pueblo of Isleta tribal government.

As Diane Peigler and Regina Zuni have

been removed from Tribal Council for

the term 2011-2012, they are no longer

representing the tribe in an official

capacity as tribal councilors.

ISLETA TRIBAL COUNCIL

Fred R. Lujan, President

April 2012

Isleta Pueblo News

Page 3

The Tribal Council and the Tribal Enrollment Committee presents the Pueblo of Isleta Ordinance on Paternity Determinations. This is being

published to provide the community with an opportunity to review the proposed ordinance, and afford a 30 day period for commenting. The

30 day commenting period will begin April 2, 2012 and end May 2, 2012. In addition to publication in the newsletter, a detailed version of the

ordinance will be mailed to all heads of household, 18 years and older who reside within Isleta. The detailed version will also be available at

the Tribal Administration building, Health Center and Elderly Center, and will contain brief summaries to aid a better understanding of some of

the complex wording.

Such Publication and posting shall include a time frame and deadline for the public to review and provide input to Tribal Council, as determined

by Tribal Council at the time of publication and posting. The publication and posting shall include the following statement: “Your input on this

draft ordinance is important. Please provide your input in writing to Tribal Council office at P.O. Box 850, Isleta, New Mexico 87022,

or hand deliver in person at the Tribal Council office during regular business hours, or submit your comments electronically on the

official Pueblo of Isleta Website.” Comments will be time-stamped and compiled by Tribal Council staff.

March 14, 2012 draft - Tribal Council Approved Version for Public Distribution

PUEBLO OF ISLETA ORDINANCE ON PATERNITY DETERMINATIONS

ARTICLE 1: PURPOSE, AUTHORITY,

AND SCOPE

Section 1:

Purpose

The Purpose of this Ordinance on

Paternity Determinations (hereinafter

“Ordinance”) is to enact statutory law for the

Pueblo of Isleta Tribal Court to adjudicate

issues of paternity.

Section 2:

Authority

The authority for this Ordinance

is derived from the Pueblo of Isleta

Constitution. “[T]he powers of council

shall include the following: … (e) To enact

ordinances, subject to approval by the

Secretary of the Interior, to protect the

peace, safety, property, health, and general

welfare of the members of the Pueblo of

Isleta.” Art. V, Sec. 2(e).

Section 3:

Scope

This Ordinance shall extend to any

individual who falls within the jurisdiction

of the Pueblo of Isleta Tribal Court, as

determined by Pueblo of Isleta law and

applicable federal law. This Ordinance

shall not apply to determinations of

paternity already adjudicated or in the

process of adjudication by Tribal Court.

Any acknowledgments of paternity that

were signed and any presumed father

determinations that were made prior to the

enactment of this Ordinance shall remain

in full effect and full force.

ARTICLE 2: TRIBAL COUNCIL

FINDINGS AND DEFINITIONS

Section 1:

Tribal Council Findings

The Pueblo of Isleta Tribal Council

hereby finds:

WHEREAS, determinations of

paternity are a necessary and important

aspect of the Pueblo of Isleta Judiciary and

Tribal Membership;

WHEREAS, issues of paternity

affecting membership in the Pueblo of

Isleta are under the jurisdiction of Pueblo

of Isleta Tribal Court pursuant to Article II,

Section 2, yet the Pueblo of Isleta has no

substantive or procedural law to guide the

Pueblo of Isleta Judiciary;

WHEREAS, the Pueblo of Isleta

should have substantive and procedural

law on determinations of paternity, in

order to provide Tribal Members and others

with written, uniform rules and objective

standards to be utilized by Pueblo of Isleta

Judiciary;

WHEREAS, other jurisdictions

have enacted written, uniform rules and

objective standards to be utilized by courts

of law to make determinations of paternity;

and

WHEREAS, it is in the best

interests of the Pueblo of Isleta to enact this

Ordinance.

THEREFORE, this Ordinance is

hereby enacted.

Section 2:

Definitions

A “presumed father” shall

mean an individual who meets the

presumptions of paternity prescribed in

Article 3, Section 1.

An “acknowledged father”

shall mean an individual who has signed an

acknowledgement of paternity prescribed

in Article 3, Section 3.

An “adjudicated father” shall

mean an individual who is found to be the

biological father of a child by the Pueblo of

Isleta Tribal Court.

A “Tribal Member” shall

mean an enrolled member of the Pueblo of

Isleta.

The

“Pueblo

Isleta

Judiciary” shall mean the Pueblo of Isleta

Tribal Court and the Pueblo of Isleta

Appellate Court.

“Immediate

Family

Member” shall mean a father, mother,

sister, brother, or child of an individual—

biological or through law (i.e., stepfather).

ARTICLE 3: ACKNOWLEDGEMNT OF

PATERNITY

Section 1: Presumption of Paternity

A man is presumed to be the

father of a child if:

(1)

he and the mother of

the child are married to each other and the

child is born during the marriage;

( 2)

he and the mother of

the child were married to each other and

the child is born within three hundred

days (approximately ten months) after

the marriage is terminated by death,

annulment, declaration of invalidity or

divorce or after a decree of separation;

(3)

before the birth of the

child, he and the mother of the child married

each other in apparent compliance with law,

even if the attempted marriage is or could

be declared invalid, and the child is born

during the invalid marriage or within three

hundred days (approximately ten months)

after its termination by death, annulment,

declaration of invalidity or divorce or after

a decree of separation.

A presumption of paternity

established pursuant to this section may be

rebutted only by an adjudication pursuant

to Pueblo of Isleta law.

Section 2:

Paternity

Acknowledgement of

The mother of a child and a man

claiming to be the biological father of the

child may sign an acknowledgment of

paternity with intent to establish the man's

paternity.

Section 3:

Execution of

Acknowledgement of Paternity

A. An acknowledgment of paternity

shall be on a form provided by the Pueblo

of Isleta. Nothing in this Ordinance shall

be construed to prohibit the Pueblo of

Isleta from utilizing State of New Mexico

or other state or international forms. Such

determination on what form to use shall

be made by the Pueblo of Isleta Census /

Enrollment Department and shall be signed

or otherwise authenticated under penalty

of perjury.

acknowledgment

paternity is void if it:

(1) states that another man

is a presumed father, unless a denial of

paternity signed or otherwise authenticated

by the presumed father is filed with the

Pueblo of Isleta Census / Enrollment

Department;

(2) states that another man

is an acknowledged or adjudicated father;

(3)

falsely denies the

existence of a presumed, acknowledged or

adjudicated father of the child. \

A presumed father may sign or

otherwise authenticate an acknowledgment

of paternity, in accordance with subsection

(A) above.

Section 4:

Denial of Paternity

A presumed father may sign

a denial of his paternity.

The denial is valid only if:

(i).

an acknowledgment of

paternity signed or otherwise authenticated

by another man is filed pursuant to this

Ordinance;

(ii).

the denial is on a

form provided by the Pueblo of Isleta and

is signed or otherwise authenticated under

penalty of perjury; and

(iii).

the presumed father

has not previously:

Page 4

(1)

(2)

acknowledged

his paternity; or

been adjudicated

to be the father of

the child.

Section 5:

Rules for

Acknowledgement and Denial of

Paternity

A. An acknowledgment of paternity

and a denial of paternity may be contained

in a single document or may be signed in

counterparts, and may be filed separately

or simultaneously. If the acknowledgment

and denial are both necessary, neither is

valid until both are filed.

B. An acknowledgment of paternity

or a denial of paternity may be signed before

or after the birth of the child.

C. An acknowledgment of paternity

or denial of paternity signed by a presumed

father who is a minor is valid if accompanied

by a signature by that minor’s parent(s) or

legal guardian(s).

Section 6:

Effect of

Acknowledgement or Denial of

Paternity

Except as otherwise provided

in this Ordinance, a valid acknowledgment

of paternity filed with the Pueblo of Isleta

is equivalent to an adjudication of paternity

of a child.

B. Except as otherwise provided in

this Ordinance, a valid denial of paternity

by a presumed father filed with the Pueblo

of Isleta in conjunction with a valid

acknowledgment of paternity is equivalent

to an adjudication of the nonpaternity of

the presumed father.

Section 7:

No Filing Fee

The Pueblo of Isleta shall charge a fee

for filing an acknowledgment of paternity

or denial of paternity, the amount of which

will be determined by Pueblo of Isleta Tribal

Court according to established policy.

Section 8:

Rescission of

Acknowledgement or Denial of

Paternity

Proceeding Required.

A signatory may rescind an

acknowledgment of paternity or denial

of paternity only by means of a judicial

proceeding to rescind the acknowledgment

or denial of paternity. A proceeding to

rescind an acknowledgment of paternity or

a denial of paternity shall be brought at any

time.

Procedure for rescission or

challenge.

(1)

Every signatory to

an acknowledgment of paternity and any

related denial of paternity shall be made a

party to a proceeding to rescind or challenge

the acknowledgment or denial.

(2)

For

the

purpose

of rescission of or challenge to an

acknowledgment of paternity or denial

of paternity, a signatory submits to the

personal jurisdiction of the Pueblo of Isleta

Isleta Pueblo News

Tribal Court by signing the acknowledgment

or denial, effective upon the filing of the

document with the Pueblo of Isleta.

(3)

Except for good cause

shown, during the pendency of a proceeding

to rescind or challenge an acknowledgment

of paternity or denial of paternity, the Pueblo

of Isleta Tribal Court shall not suspend the

legal responsibilities of a signatory arising

from the acknowledgment, including the

duty to pay child support.

(4)

At the conclusion of

a proceeding to rescind or challenge an

acknowledgment of paternity or denial of

paternity, the Pueblo of Isleta Tribal Court

shall order the birth record of the child by

amended, if applicable.

Section 9:

Full Faith and Credit

on Acknowledgement or Denial of

Paternity

The Pueblo of Isleta Tribal Court may give

full faith and credit to an acknowledgment

of paternity, a denial of paternity, or an

adjudication of paternity determination

effective in a State or other Indian tribe if

the acknowledgment, denial or adjudication

has been signed and is otherwise in

compliance with the law of that State or

other Indian tribe. The Pueblo of Isleta

has the authority to require proceedings

to determine paternity in the event that

full faith and credit is not granted in a

given instance. Such proceedings shall be

conducted according to this Ordinance.

Section 10: Forms for

Acknowledgment and Denial of

Paternity

The Pueblo of Isleta shall

prescribe forms for the acknowledgment

of paternity and the denial of paternity as

described in Section 3.

A valid acknowledgment of

paternity or denial of paternity is not

affected by a later modification of the

prescribed form.

Section 11: Release of information

The

Pueblo

Isleta

may release information relating to

the acknowledgment of paternity or

denial of paternity to a signatory of the

acknowledgment or denial and to courts

and to other agencies for good cause and

as permitted by Pueblo of Isleta law and

policy.

Information related to the

acknowledgment of paternity or denial of

paternity shall be filed with the Pueblo of

Isleta Census / Enrollment Department on

an ongoing basis.

ARTICLE 4:GENETIC (DNA) TESTING

Section 1:

Scope

This Article governs genetic testing

of a person to determine parentage, whether

the person:

A. voluntarily submits to testing;

is tested pursuant to an order

of the Tribal Court; or

is tested pursuant to an order

April 2012

of the Tribal Enrollment Committee, acting

pursuant to its lawful authority under the

Tribal Enrollment Ordinance.

Section 2:

Order for Testing

Except as otherwise provided

in this Article, the Tribal Court shall order

the child and other designated persons to

submit to genetic testing if the request for

testing is supported by the sworn statement

of a party to the proceeding:

(1)

alleging paternity and

stating facts establishing a reasonable

probability of the requisite sexual contact

between the persons; or

(2)

denying paternity and

stating facts establishing a possibility that

sexual contact between the persons, if

any, did not result in the conception of the

child.

B. If two or more men are subject

to court-ordered genetic testing, the

testing may be ordered concurrently or

sequentially.

C. Tribal Court may order genetic

testing of a brother of a man identified as

the father of a child if the man is commonly

believed to have an identical brother and

evidence suggests that the brother may

be the biological father of the child. If

each brother satisfies the requirements as

the identified father of the child pursuant

to this Article, without consideration of

another identical brother being identified

as the father of the child, Tribal Court may

rely on nongenetic evidence to adjudicate

which brother is the father of the child.

Section 3:

Testing

Requirements for Genetic

Genetic testing shall be of a

type reasonably relied upon by experts in

the field of genetic testing and performed in

a testing laboratory accredited by:

(1) the American

association of blood banks

or a successor to its

functions;

(2) the American society

or histocompatibility

and immunogenetics

or a successor to its

functions; or

(3) an accrediting body

designated by the

federal secretary of

health and human

services.

A specimen used in genetic

testing may consist of one or more samples,

or a combination of samples, of blood,

buccal cells, bone, hair or other body tissue

or fluid. The specimen used in the testing

need not be of the same kind for each person

undergoing genetic testing.

The retention and destruction

of the specimen used for genetic testing

shall be governed by contract between the

Pueblo of Isleta and the testing laboratory.

All information obtained from genetic

testing shall be sealed by Tribal Court

April 2012

Isleta Pueblo News

and shall not be disclosed to any non-party

except upon petition to Tribal Court and

for good cause. Notwithstanding such nondisclosure, a copy of the information from

genetic testing shall be sealed by Tribal

Court and shall not be disclosed to any nonparty except upon petition to Tribal Court

and for good cause. Notwithstanding such

non-disclosure, a copy of the information

from genetic testing shall be filed with

the Pueblo of Isleta Census / Enrollment

Department, who shall maintain the

information as part of the census files. Use

of the information by the Pueblo of Isleta

Census / Enrollment Department shall be

in strict accordance with the confidentiality

and non-disclosure provisions of the Tribal

Enrollment Ordinance and its policies and

procedures.

Section 4:

Report of Genetic Testing

A. A report of genetic testing shall

be in a record and signed under penalty

of perjury and fraud by a designee of the

testing laboratory. A report made pursuant

to the requirements of this Article is selfauthenticating.

B. Documentation from the testing

laboratory of the following information is

sufficient to establish a reliable chain of

custody that allows the results of genetic

testing to be admissible without testimony:

A. The cost of initial genetic testing

shall be borne by:

(1) by the person who

made the request;

(2) by agreement of the

parties; or

(3) by order of Tribal

Court.

(1) the names and

photographs of the persons

whose specimens have been

taken;

(2) the names of the

persons who collected

the specimens;

(3) the places and dates

the specimens were

collected;

(4) the names of the

persons who received the

specimens in the testing

laboratory;

(5) the dates the specimens

were received; and

(6) the accreditation of the

testing facility.

Section 5:

Rebuttal

Genetic Testing Results,

A man is rebuttably identified

as the father of a child if: (i) the genetic

testing complies with this Article; (ii)

testing is conducted on the alleged father,

mother and the child; and (iii) the results of

testing disclose that:

(1)

the man has at least

a ninety-nine point nine percent (99.9%)

probability of paternity, using a prior

probability of zero point five zero, as

calculated by using the combined paternity

index obtained in the testing and

(2)

a combined paternity

index of at least one hundred to one.

A man identified pursuant to

subsection A of this section as the father

of the child may rebut the genetic testing

results only by other genetic testing

satisfying the requirements of this Article

that:

(1) excludes the man as a

biological father of the child;

(2) identifies another man

as the possible father of

the child.

Except as otherwise provided

in Section 2.C, if more than one man is

identified by genetic testing as the possible

father of the child, Tribal Court shall order

them to submit to further genetic testing to

identify the biological father.

Nothing in this Article

shall be construed to deny or limit Tribal

Court of obtaining expert testimony from

a non-biased, third party expert in genetic

testing.

Section 6:

Costs of Genetic Testing

If a party to a proceeding

contests the results of testing, that party

shall bear the costs of additional testing.

Section 7:

Additional Genetic

Testing

Prior to a final adjudication, Tribal

Court may order additional genetic testing

upon the request of a party who contests

the result of the original testing. If the

previous genetic testing identified a man as

the father of the child, Tribal Court shall

not order additional testing unless Tribal

Court deems necessary.

Section 8:

Genetic

testing

when

specimens not available.

Subject to Subsection B of this

section, if a genetic-testing specimen is

not available from a man who may be the

father of a child, upon notice and after an

opportunity for a hearing, and for good

cause and under circumstances the court

considers to be just, the Tribal Court may

order the following persons to submit

specimens for genetic testing:

(1) the parents of the man;

(2) brothers and sisters of

the man;

(3) other children of the

man and their mothers; and

(4) other relatives of the

man necessary to complete

genetic testing.

The man who may be the father of a

child shall be identified as the father of the

child if:

(1) the genetic testing complies with this

Article;

(2) the results disclose at least an eighty

point zero percent (80.0%) probability of

paternity, using a prior probability of zero

point five zero, as calculated by using the

combined paternity index obtained in the

testing, and;

Page 5

(3) there exists supporting evidence, the

sufficiency of which shall be determined by

Tribal Court.

Issuance of an order pursuant to this

section requires a finding that a need for

genetic testing outweighs the legitimate

interests of the person sought to be tested.

Section 9:

Confidentiality of genetic

testing.

A. Release of the report of genetic

testing for parentage shall be released

only to the parties tested or their legal

representative or guardian, and to the

Pueblo of Isleta Census / Enrollment

Department.

A person who intentionally

releases an identifiable specimen of

another person for any purpose other than

that relevant to the proceeding regarding

parentage without a court order or the

written permission of the person who

furnished the specimen is guilty of fraud.

ARTICLE 5: PROCEEDINGS TO

ADJUDICATE PARENTAGE OF A

CHILD

Section 1:

Proceeding authorized.

A civil proceeding may be maintained

in the Tribal Court to adjudicate the

parentage of a child.

The proceeding

shall be governed by the rules of Tribal

Court, unless this Ordinance provides

otherwise, in which case the provisions of

this Ordinance shall govern. The mother of

the child and an alleged father or presumed

father shall be deemed competent by Tribal

Court to testify. Any other witnesses may

be compelled to testify by Tribal Court.

Section 2:

Standing to maintain

proceeding.

Subject to this Ordinance, a

proceeding to adjudicate parentage may be

maintained by:

A. the child;

B. the mother of the child;

C. a man whose paternity

of the child is to be adjudicated;

D. the Pueblo of Isleta

Social Services Department in cases

involving a child under the age of 18 who

is receiving services of said Department

and where said Department has made a

showing that a proceeding is a necessary

aspect of care for the child;

E. a representative

authorized by Pueblo of Isleta law to

act for a person who would otherwise be

entitled to maintain a proceeding but who

is deceased, incapacitated or a minor; or

an Immediate Family

Member of an individual in Subsection A,

B or C, who has deceased, is incapacitated,

or is a minor.

Section 3:

Parties to proceeding.

The following persons shall be joined

as parties in a proceeding to adjudicate

parentage:

the mother of the child;

Page 6

a man whose paternity

of the child is to be adjudicated; and

C. other persons or entities

listed in Section 2.

Section 4:

Personal jurisdiction.

A. A person shall not be adjudicated to be

a parent unless Tribal Court has personal

jurisdiction over the person.

Tribal Court may exercise personal

jurisdiction over an individual who is not

a Pueblo of Isleta tribal member, or the

guardian or conservator of such individual.

Lack of jurisdiction over one

person does not preclude Tribal Court

from making an adjudication of parentage

binding on another person over whom

Tribal Court has personal jurisdiction.

Section 5:

No limitation on child

having no presumed, acknowledged or

adjudicated father.

A proceeding to adjudicate the

parentage of a child having no presumed,

acknowledged or adjudicated father may be

commenced by the child at any time, even

after:

(1) the child becomes an adult; or

(2)

an earlier proceeding to adjudicate

paternity has been dismissed based on the

application of a statute of limitation then in

effect.

Section 6:

Joinder of proceedings.

Except as otherwise provided in this

Ordinance or by Tribal Court order, a

proceeding to adjudicate parentage may be

joined with a proceeding in Tribal Court for

adoption, termination of parental rights,

child custody or visitation, child support,

divorce, annulment, legal separation,

probate or administration of an estate or

other appropriate proceeding.

Section 7:

Child

representation.

party;

A minor child is a permissible

party, but is not a necessary party to a

proceeding pursuant to this Article.

Tribal Court shall appoint a

guardian ad litem to represent a minor or

incapacitated child if the child is a party or

if Tribal Court finds that the interests of

the child are not adequately represented.

Section 8:

Admissibility of results of

genetic testing; expenses.

A record of a genetic-testing expert

is admissible as evidence of the truth of

the facts asserted in the report unless a

party objects, in a writing delivered to the

adverse party, to the record’s admission

within fourteen days after its receipt by the

objecting party. The objecting party shall

cite specific grounds for exclusion. The

admissibility of the report is not affected by

whether the testing was performed:

(1) voluntarily or

pursuant to an order of

Tribal Court; or

(2) before or after the

commencement of the

proceeding.

A party objecting to the results of

genetic testing may call one or more genetictesting experts to testify in person or by

Isleta Pueblo News

telephone, videoconference, deposition or

another method approved by Tribal Court.

Unless otherwise ordered by Tribal Court,

the party offering the testimony bears the

expense for the expert testifying.

Section 9:

Consequences of declining

genetic testing.

An order for genetic testing is

enforceable by contempt of court when a

person whose paternity is being determined

refuses to comply with an order by the court

for genetic testing for longer than thirty (30)

days, or as determined by Tribal Court on a

case by case basis.

If a person whose paternity

is being determined declines to submit to

genetic testing ordered by Tribal Court, the

Tribal Court for that reason may issue a

civil fine, hold the individual in contempt of

court, issue a warrant, or issue an order of

incarceration.

If the mother is not alive or

is otherwise unavailable, Tribal Court may

order the testing of the child, every man

whose paternity is being adjudicated, and

other individuals listed in Article 4, Section

8.A, of this Ordinance.

Section 10: Rules for adjudication of

paternity.

Tribal Court shall apply the following rules

to adjudicate the paternity of a child:

the paternity of a child having

a presumed, acknowledged or adjudicated

father may be disproved only by admissible

results of genetic testing excluding that

man as the father of the child or identifying

another man as the father of the child;

unless the results of genetic

testing are admitted to rebut other results

of genetic testing, a man identified as the

father of a child pursuant to this Ordinance

shall be adjudicated the father of the child;

if Tribal Court finds that

genetic testing pursuant to Article 5 neither

identifies nor excludes a man as the father

of a child, Tribal Court shall not dismiss

the proceeding. In that event, the results of

additional genetic testing are admissible to

adjudicate the issue of paternity; and

unless the results of genetic

testing are admitted to rebut other results

of genetic testing, a man excluded as the

father of a child by genetic testing shall

be adjudicated not to be the father of the

child.

Section 11: Jury prohibited.

Tribal Court, without a jury, shall adjudicate

paternity of a child.

Section 12: Hearings; inspection of

records.

On request of a party and

for good cause shown, Tribal Court may

close a proceeding to the public and may

declare the proceeding to be confidential.

Notwithstanding the foregoing, Tribal Court

shall file a copy of the final Tribal Court

order and testing results with the Pueblo of

Isleta Census / Enrollment Department for

cases. Such orders and testing results shall

be kept confidential according to existing

Pueblo of Isleta law, including the Tribal

April 2012

Enrollment Ordinance, Tribal Enrollment

Committee By-Laws and Tribal Enrollment

Committee Policies and Procedures.

Other papers and records

are available only with the consent of the

parties or on order of Tribal Court for good

cause.

Section 13: No Order on default.

Tribal Court shall only issue an order

adjudicating the paternity of a man according

to the procedures in this Ordinance and

shall not issue an order adjudicating the

paternity of a man solely because he is in

default.

Section 14: Dismissal

prosecution.

for

want

Tribal Court may issue an order dismissing

a proceeding for want of prosecution only

without prejudice. An order of dismissal

for want of prosecution purportedly with

prejudice is void and has only the effect of a

dismissal without prejudice.

Section 15: Order adjudicating

parentage.

Tribal Court shall issue an

order adjudicating whether a man alleged

or claiming to be the father is the parent of

the child.

B. An order adjudicating parentage

shall identify the child by name and date of

birth.

Tribal Court may assess filing

fees, reasonable fees of counsel, experts

and the child’s guardian ad litem, fees for

genetic testing, other costs, necessary travel

and other reasonable expenses incurred in

a proceeding pursuant to this Ordinance.

Tribal Court may award attorney fees, which

may be paid directly to the attorney, who

may enforce the order in the attorney’s own

name. Tribal Court may order these fees,

costs and expenses to be paid by any party

in proportions and at times as determined

by the court.

On request of a party and for

good cause shown, Tribal Court may order

that the name of the child be changed.

E. If the order of Tribal Court is at

variance with the child’s birth certificate, the

order shall contain a provision ordering the

issuance of an amended birth certificate.

ARTICLE 6: OTHER PROVISIONS

Section 1: Severability

If any provision of this Ordinance is found

to be invalid or unconstitutional by a court

of competent jurisdiction, the remaining

provisions shall remain valid, constitutional,

and in force.

Section 2: Amendments

Tribal Council reserves the right to amend

this Ordinance from time to time. Such

amendment shall not take effect unless

decided by Tribal Council at a duly called

meeting with quorum present and upon

majority vote.

Section 3: Repealer Clause

Any and all prior Pueblo of Isleta Tribal

Council resolution or ordinance that conflicts

with or is inconsistent with this Ordinance

is hereby repealed.

**END**

April 2012

Isleta Pueblo News

Page 7

Parks & Recreation

The month of March was an extremely busy one for the Parks & Recreation Department. Activities included: Karate Tournament,

Youth Basketball Games with Jemez Day School at our Elementary School, Spring break activities for the youth, several park

reservations for private gatherings and on March 31st the Los Lunas High School POW Wow is scheduled. The month of April looks

like it will be another busy one now that spring is upon us. The first weekend of April on the 7th we will be hosting an Easter Egg

Hunt with 5,000 plastic eggs that will be hidden in our park, plus on that same day we will have the Pine Wood Derby sponsored by

our own Boys Scout troop headed by Vernon Abeita. On Saturday April 14th, we will be hosting the Child Abuse Awareness Parade

and Barbecue and the week of April 23rd through the 25th, we will be hosting and assisting with the Isleta Elderly Senior Olympics.

And the very next day we will be hosting a Job Fair that will involve our Human Resources Department, the Hard Rock Casino, and

the Isleta Business Corporation.

Karate Tournament

On March 10, 2012 our Pueblo of Isleta Karate One Team hosted

a Karate Tournament that had 87 participants competing. Of

those 87 participants, 4 schools were from Albuquerque, one from

Santa Fe, N.M., a team from San Diego, California, a team from

Denver, Colorado and our team from the Pueblo of Isleta. Our

team from Isleta had 9 of our students competing and competition

was fierce and everybody, especially our guests from out of town,

really enjoyed the tournament and our Southwestern hospitality,

plus our Hard Rock Casino. Our next tournament which we will

host will be on May 5th here at the New Rec. Center gymnasium.

On a Special Note: Pueblo of Isleta Martial Arts Instructor

becomes a Master of the Martial Arts. (One-in-a-million

achieves this Accomplishment in the United States)

Our Martial Arts instructor has been training Karate at the Pueblo

of Isleta for the last 16 years, and now Clarence Chavez has recently

achieved a 7th degree black belt or, in Japanese, a schichi-dan,

and also was bestowed upon him the Japanese title of Kyoshi

which means Master of the Martial Arts. Both the degree of belt

and the title were awarded to him for his many years of service and

his understanding of the martial arts and physical ability by the

SWAN-DA system of karate and the International Martial Arts

Federation out of Tokyo, Japan. For a person to stay committed

to the martial arts program and continue to the accomplishments

that Clarence has received is a one-in-a million instance within

the United States. Congratulations, Mr. Clarence Chavez as

we are so honored to have you as our instructor. Attached Photo:

Shihan Ray Barrera Jr. 9th Dan Karate One Intl. and Clarence

Chavez, 7th Dan Karate One of the Pueblo of Isleta. Below them

are several photos, one being of all the participants in the Pueblo

of Isleta Karate One Tournament and the other two are of several

of our own Pueblo of Isleta students.

Park Management

Now that the growing season is upon us and our parks and

baseball fields are nice and green (incidentally, no surrounding

communities has their parks green as ours including

Albuquerque) because of our dedicated and aggressive employees

who are out fertilizing, watering and nurturing the parks back

to life. Thank you Park Management Employees, Big Bob,

Robert Apodaca, Donald Lucero, Charles Tenorio, Robert

Alderete, and Harold Jiron for the pride you all take and

your service to this great Pueblo of Isleta. On another

note: Please, we ask all of our residents who like to take their

dogs to the parks to please clean-up after them. When dog feces,

(poop) is left it becomes a safety hazard to our employees who

clean the parks and to those small children who will pick-up just

about anything and put things in their mouths.

Let's do our part to insure the safety of all who utilize our Parks

and Recreation facilities.

( Continued on next page )

Page 8

Isleta Pueblo News

April 2012

SPA Basketball

Easter Egg Hunt

Our youth basketball league

came to an end with the final

games of the season being played

at the Isleta Elementary School

gymnasium. The games matched

our Pueblo of Isleta with our

neighbors to the north the Pueblo

of Jemez Day School. As mentioned

in last month's newsletter, this

year’s schedule was at times very

trying because several games

had to be cancelled because of

traditional tribal doings at many

of our Pueblos whom we competed

with. Initially, it's the children

that really don't understand until

they become involved in their

own tribal ceremonies. Pictured

are two action shots with Coach

Matt Jojola talking it over during

a time-out with his 3rd and 4th

grade girls competing against

Jemez Day School, and the other

is while the girls are scrambling

for a rebound.

For the first time in several years we will be once again

having an Easter Egg Hunt on Saturday, April 7th. We

will have over 5,000 plastic eggs filled with candy, in

some cases dollar bills for the children to pick and look

for. We will also be giving away several prizes (Easter

Baskets) for those who find the golden egg. We will be

broken down into 3 categories, Ages 5 and under, 6 to 8

year olds, and 9 to 12 year olds. All age groups will be

separate areas of the park complex next to the New Rec.

Center. We will begin promptly at 10:00 am and if you

happen to be here a few minutes after that designated

time you will have been too late. In all of my experiences

with Easter egg hunts they only take about 5 minutes

or so to complete, so please don't be late. Next month we

will have pictures of the event.

Los Lunas High School

Title VII Indian Education

WHAT IS ELDER ABUSE?

Ben Analla – 865-4646 ext. 6145

The Los Lunas High School Native American Club members,

and the Native American Club sponsors, Andrea Chavez,

Valencia High School and Ben Analla, Los Lunas High

School, wish to thank all the parents/grandparents who

helped with the annual Senior Powwow held at the Isleta

Recreation Gym on March 31, to everyone who helped set

up, sell at the concession and with the after-the-powwow

clean-up. The Powwow would not have been a total success

without our speakers, Lt. Governor Antonio Chewiwi, who

did the welcome and spoke words of encouragement to

our graduating seniors. From Los Lunas School District,

speakers included Superintendent Bernard Saiz, Los Lunas

High School Principal Dan Padilla, Valencia High School

Principal Diane Herbst, and also, Los Lunas Village Mayor

Robert Vialpando. Thank you for being there for supporting

our graduating senior class and our community. And

always, a Special Thank You to Rick Giron, Pueblo of Isleta

Recreation Director, and his staff for all their help.

Important Dates:

Los Lunas High School

•

April 5 – Los Lunas High School Senior Meeting –

9:20 AM. Special guest will be Evangeline

Chavez from the Isleta Higher Education

Department.

•

April 16 & 17 – MAP Testing for English and Math

classes.

•

April 18 – UNM Native American Day – 9:00 AM.

Juniors from Los Lunas and Valencia High school

will be attending.

•

April 19 – Pep Rally for all sporting events.

•

April 28 – LLHS Prom at The Hard Rock Casino.

Valencia High School Senior Dates for Month of May

•

May 7 – 11 – Senior Finals

•

May 12 – Tentative Baccalaureate (not VHS