From: DINETAH29@aol.com
Date: Mon, 10 May 1999 23:50:00 EDT
Subject: URGENT Alert
Dear Big Mountain Supporters,
Shay Benally gave me the following Notice of Proposed Exclusion
Order for
Kee
Shay today. Many of you may know of him as he is a symbol of
the resistance.
The barbed wire fence dividing Hopi Partition Land (HPL) and
Navajo
Partition Land (NPL) runs through his property. His summer camp
and home
where he resides is on NPL. His winter camp, where his hogan
is and where
his livestock graze is on HPL.
Kee Shay received this notice from his daughter who went to
the post office
on May 7. It was at this time that she observed the same notice
hanging
on
the wall of the post office in Kykotsmovi and in Hotevilla.
We do not have the text of Ordinance 46 and Other Ordinances
noted in 2.
If
anyone has copies of the text of any Hopi Ordinances please e-mail
us this
information.
We need copies of all these Ordinances and the Hopi tribe has
sovereignty
and
is not subject as I understand it to Freedom of Information Act
Requests.
Certainly, it would appear that a person receiving such a notice
is entitled
to know what the text is of all Ordinances is under which a Proposed
Notice
of Exclusion is being ordered. However, the Hopi tribe's quasi
sovereignty
status allows them to ignore Freedom of Information Act Requests.
This is perhaps the first of several Notices of Proposed Exclusion
that
will
be sent/given to Dineh resisters.
The phone number for you to lodge complaints to the Hopi Chairman
is (520)
734-3000.
Thank you for your help.
Yours sincerely,
Marsha Monestersky
Consultant to Sovereign Dineh Nation
Phone: (520) 673-3461
E-mail: dinetah29@aol.com
Web site: http://www.theofficenet.com/~redorman/welcome.html
Address: P.O. Box 1968, Kaibeto, AZ 86053
----------------------------------------------------------------------
The Hopi Tribe
Wayne Taylor, Jr.
Chairman
Phillip R. Quochyewa, Sr.
Vice-Chairman
NOTICE OF PROPOSED ORDER OF EXCLUSION
Pursuant to Hopi Tribal Ordinance 46
To: Kee Shay
Hopi Reservation
Range Unit # 262
QQ 077, NE, T..32N, R.17E, SE 1/4 Section 20
This notice is to advise you that the Chairman of the Hopi
Tribe believes
that reason(s) exist to exclude and remove you from the Hopi Reservation
and
that your presence on the Reservation may be harmful to members
of the
Tribe.
The reason(s) supporting this proposed order of exclusion are
as follows:
X 1. You have entered and remain upon a closed portion of
the Hopi
Reservation in violation of Tribal Ordinance 46.
X 2. You have violated other ordinances or laws of the Hopi
Tribe and/or
any Hopi village.
X 3. You have violated the laws of the United States.
More specifically, it is believed and alleged that you:
(a) Have engaged in unauthorized placement and/or construction
of dwelling
and associated structures on the Hopi Reservation.
(b) Have allowed the presence and grazing of unauthorized cattle/animals
on
the Hopi Reservation.
YOUR RIGHT TO SUBMIT A WRITTEN RESPONSE.
Be advised that you have the right to submit a written response
to this
Notice of Proposed Order of Exclusion. If you choose to respond,
you must
submit your written response to the Chairman of the Hopi Tribe
at the Office
of the Chairman of the Hopi Tribe at Kykotsmovi, Arizona or by
mailing
your
response to the following address:
Wayne Taylor, Jr.
Chairman, The Hopi Tribe
P.O. Box 123
Kykotsmovi, AZ 86039
In order to be considered, your written response must be submitted
to the
Office of the Chairman no later than 15 days after the date that
this notice
is published in a local newspaper or the date that you receive
the notice
by
certified mail or personal service, whichever occurs earlier.
After
expiration of the 15 day response period a decision and order
may be entered
in this matter.
YOUR RIGHT TO A HEARING.
Be advised that as a part of your written response, you have
the right
to
request a hearing at which you may be represented by counsel,
present oral
and documentary evidence, call witnesses, and offer explanation
as to why
your exclusion from the Hopi Reservation should not be ordered.
If you
request a hearing, you will be notified of its time and place.
This notice is issued this 27th day of April 1999 at Kykotsmovi, Arizona.
By: Wayne Taylor, Jr.
Chairman, The Hopi Tribe