Letter To Navajo Elections Administration From Department of Diné Education

DEPARTMENT OF DIN EDUCATION
THE NAVAJO NATION

P.O. Box 670 Window Rock, Arizona 86515
PHONE (928) 871 7475 FAX (928) 871 7474
Russell Begaye Jonathan Nez
President Vice-President
VIA Personal Delivery & Fax (928) 871-7344
November 2, 2017
Edbert S. Little, Acting Executive Director Melvin Harrison, Chairperson

Navajo Election Administration Navajo Board of Election Supervisors
P.O. Box 3449 P.O. Box 3449
Window Rock, AZ 86515 Window Rock, AZ 86515
RE: Immediate Removal of Temara Lewis-Emerson as a Sanostee Day School Board member and
Sanostee Chapter Secretary
Dear Mr. Little and Mr. Harrison:
This letter serves official notification for the Navajo Elections Administration to enforce the Election
Code by immediately removing Temara Lewis-Emerson as a school board member for the Sanostee
Day School pursuant to 11 N.N.C. 240(D) because her DRIVING WHILE INTOXICATED (NMSA
66-08-102(C), NMSA 1978)1 and UNDERAGE DRINKING (60-7B-1(C), NMSA 1978)2
convictions are violations of 11 N.N.C. 8(D)(4)(h)(4) and 11 N.N.C. 21(B)(2). Temara Lewis-
Emerson s failure to disclose her DRIVING WHILE INTOXICATED and UNDERAGE DRINKING
convictions constitutes falsification of her 2016 candidacy papers and sworn statement, warranting her
immediate removal pursuant to 11 N.N.C. 21(B)(2) and 11 N.N.C. 247. Finally, Temara Lewis-
Emerson must also be removed as a Sanostee Chapter Secretary and prohibited from holding any other
elected Navajo Nation office for 8 years pursuant to 11 N.N.C. 247.
As the Navajo Election Administration may be aware, the Election Code has a lifetime ban on a school
board member who has been convicted of (a)ny crimes involving the use of intoxicating alcohol or
illegal substance abuse 11 N.N.C. 8(D)(4)(h)(4). Temara Lewis- Emersons DUI/DWI and
underage drinking convictions clearly are in violations of Navajo Nation law. There is no evidence to
1 66-08-102(C), NMSA 1978: Persons under the influence of intoxicating liquor or drugs; aggravated driving while under the
influence of intoxicating liquor or drugs; penalty.
A. It is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.
B. It is unlawful for a person who is under the influence of any drug to a degree that renders him incapable of safely driving a vehicle to
drive a vehicle within this state.
C. It is unlawful for:
(1) a person who has an alcohol concentration of eight one hundredths or more in his blood or breath to drive a vehicle within
this state; or
2
60-7B-1(C), NMSA 1978: Selling or giving alcoholic beverages to minors; possession of alcoholic beverages by
minors.
C. It is a violation of the Liquor Control Act for a minor to buy, attempt to buy, receive, possess or permit the minor's
self to be served with alcoholic beverages.
BOARD OF EDUCATION
Bennie Begay, President Gloria Johns, Vice President Delores Greyeyes, Secretary
Members: Dolly C. Begay Dr. Pauline M. Begay Marlene Burbank Dr. Bernadette Todacheene Patrick D. Lynch
Dr. Tommy Lewis, Jr., Superintendent of Schools
RE: Immediate Removal of Temara Lewis-Emerson as a
Sanostee Day School Board member and Sanostee Chapter Treasurer (November 2, 2017)
Page 2 of 17
indicate that Temara Lewis-Emersons alcohol-related convictions or guilty pleas were ever deferred or
dismissed.
As a further measure, the Department of Din Education contacted the Farmington Magistrate Court and
Chama Magistrate Court and verified Temara Lewis-Emersons personal information (including her
Date of Birth) and confirmed her two (2) alcohol-related convictions. Copies of Temara Lewis-
Emersons DUI/DWI and underage drinking court records and convictions are attached to this letter.
Copies of Temara Lewis-Emerson s 2016 candidate application and sworn statement (attached) also
confirm that she failed to list any of her alcohol-related convictions (Lewis-Emerson wrote NONE)
affecting her qualifications for office, which constitutes falsification of her 2016 candidate application
and sworn statement.
The documentation is very clear that Temara Lewis-Emerson falsified her 2016 candidate application
and sworn statements, warranting her immediate removal and disqualification as a school board member
and Sanostee Chapter Secretary because she failed to disclose her 2 alcohol-related criminal convictions.
11 N.N.C. 21(D) and 11 N.N.C. 247. There are also four (4) Navajo Supreme Court decisions:
Wauneka et al v. Yazzie et al. (SC-CV-64-12); Sandoval v. Navajo Election Administration, and
Concerning Leo Johnson Real Party in Interest (SC-CV-62-12); Dale E. Tsosie v. Christopher C.
Deschene (SC-CV-57-14); and Hank Whitethorne v. Christopher C. Deschene (SC-CV-58-15) where
the Navajo Supreme Court clarified the removal/disqualification provisions of the Election Code
regarding candidates and elected officials who falsify their candidate documents and sworn statements.
The Navajo Supreme Court in Wauneka et al v. Yazzie et al. (SC-CV-64-12) also clarified the sanctions
imposed on elected officials who are removed/disqualified pursuant to 11 N.N.C. 247. The Navajo
Supreme Court in the Wauneka et al v. Yazzie et al. clearly stated that (a)s originally enacted, 11 N.N.C.
247 was a comprehensive statute covering removal, resignation and recall of elected officials The
legislative history shows that the Council evidently intended that the removal of school board members
be treated as harshly, if not more so, than other types of school board disqualifications. (Emphasis
added).
Because the Department of Din Education is specifically charged with ensuring that all local community
schools are in compliance with all federal and Navajo Nation laws, this matter is being referred to the
Navajo Elections Administration for enforcement of the Election Code. If you have any questions or
need the Department of Din Education to assist in any manner, please do not hesitate to contact our
offices at (928) 871-7475.
Sincerely,
Lavida Maestas, Sr. Education Specialist

Office of Din Accountability & Compliance
CC: Chris Schneider, Attorney/Navajo Nation Department of Justice

Dr. Tommy Lewis, Superintendent of Schools/Department of Din Education

Letter To Navajo Elections Administration From Department of Diné Education

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DEPARTMENT OF DIN EDUCATION

THE NAVAJO NATION

VIA Personal Delivery & Fax (928) 871-7344

Edbert S. Little, Acting Executive Director Melvin Harrison, Chairperson

Dear Mr. Little and Mr. Harrison:

Lavida Maestas, Sr. Education Specialist

CC: Chris Schneider, Attorney/Navajo Nation Department of Justice

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