Leupp School Inc. housing residents get reprieve

S.J. Wilson/Observer

Council delegate Leonard Chee greets community members at Leupp School Inc.Õs Aug. 19 governing board meeting.

S.J. Wilson/Observer Council delegate Leonard Chee greets community members at Leupp School Inc.Õs Aug. 19 governing board meeting.

LEUPP -- After several weeks of stress, residents of the Leupp School Inc. School Governing board housing facility received another extension on the Sept. 18 eviction date--the second date set by the LSI School Governing Board.

Residents made their appeal during the public comment period of the school board meeting on Aug. 19 held at the school.

Norman Kaye rose to speak on behalf of LSI housing residents.

"At the July meeting, we were told the [housing] units were to be closed due to construction of the new school," Kaye said. "In light of the fact that the situation has changed, we'd like to appeal to your good nature to allow us to stay."

Thomas Cody, LSI governing board president, was quick to ask fellow board members to approve an extension to two weeks before September construction.

Later in the meeting, Cody once again asked the board to move on his proposal that residents be given an extension to a date in September.

Isabel Walker responded with a suggestion that a specific date not beset but that residents are allowed to remain in their housing units until two weeks before construction actually begins.

"I'd like to ask our housing committee facility staff to take the time to work with our people," Walker said. "These are our relatives. They don't come from anywhere else."

The board responded by approving the motion that residents be allowed to stay until two weeks before construction actually starts--something some residents believe won't happen until December or later.

Although eviction no longer looms directly overhead, many residents and parents of students who are or were students at LSI say that there are many more unresolved issues that need to be dealt with.

Elsie Shirley, a member of the school's parent group, stated at an Aug. 18 meeting held at resident's home in the LSI housing complex that there is a concern among parents of financial mismanagement.

"We have heard that there is a million dollar deficit," Shirley said. "We as parents are concerned about misuse of funds."

Another concern is whether the money is actually available to build the new school.

Thomas Walker Jr., one of the two council delegates to Leupp, Bird Springs and Tolani Lake, attended the evening meeting to listen to the group's concerns.

When asked about the possible conflict of interest in elected chapter officials also holding the top three offices on the school governing board, as well as suspected instances of nepotism, Walker advised that Navajo Nation Ethics in Government regulations hold all elected officials to high standards of conduct.

"Those elected officials at the Window Rock level as well as those at local chapter levels are subject to these laws," Walker said. "One must get educated on these laws and on how to use them appropriately."

This law, Walker said, advises elected officials to avoid any appearance of impropriety.

"The standard is where a reasonable person would say, 'This doesn't seem right,'" Walker said. "I feel that all elected officials should avoid that appearance."

Walker pointed out that before becoming a council delegate, he had sat on the school governing board.

"Many on the council felt that delegates have a lot of power and might start meddling in school business--especially if they have a spouse or family member employed at the school," Walker said. "I didn't agree. I feel that delegates are on the pulse of their community and that it was a benefit."

One woman explained to Walker that many community members felt they had no recourse if they have complaints or feel that they have been treated unfairly.

"We go to the chapter house and it is the same three people in the same positions," she said.

Complaints such as those raised by community members should be filed with the Ethics office, Walker said.

"That office has people to look into these kinds of issues," Walker said.

As council delegates, both Walker and Leonard Chee stood in support of LSI.

"Last spring, I was asked by LSI to support the reauthorization of the school as a grant school under P.L. 100-297," Walker said. "I was proud to step forward."

At the Aug. 19 meeting, Chee reminded residents to look at the ultimate goal and asked that litigation not be allowed to jeopardize the construction of the new school.

"Our children that are here and yet to be born, we want them to have a new building to serve our children for years to come," Chee said. "LSI is one of six schools that may AYP (adequate yearly progress)--we have good administrators, teachers and staff, and I am proud of it as a community leader. I don't want that tarnished by a misunderstanding. I plead with the administration, the board and tenants to work together."

"We are not standing against the school," a resident expressed on Aug. 18. "We need to grow here [in Leupp.] We need to put responsible people in leadership. We have a new public school, but it may not always be there. We do want our own school. We can educate Thomas Cody and Lorraine Noline, show them that we people have the power to change things."

That same evening, Walker admitted that he was aware of the deficit of $750 thousand through an unofficial audit report, a deficit that Window Rock is aware of, he said. He added that as of 2003, the deficit had reached more than a million, again something he learned of through another unofficial report.

"Most of this is interest money that the government is demanding from the school," Walker said. "If you borrow funds through an internal budget transfer and you fail to put that back, the government starts charging interest. This can become a runaway thing."

Walker said that this was a subject that he plans to look into.

"I am just standing here speculating," Walker stressed. "I have yet to come across reliable information."

Darryl Riggs, the new business manager for LSI reported to the governing board on Aug. 19 that he expected to file the report for FY 2004 next month.

Cody added that when the current board was seated members learned that audits had not been done.

"Auditors had to come in and dig through boxes," Cody said. This situation, he said, has led to the problem.

Several in the meeting addressed Walker with a perception of funds wasted on lawsuits and attorney fees.

"How many lawsuits did Lorraine Noline lose?" one woman asked. "What is she using? The kids' money?"

Many of these disputes could have been settled at the local level, residents believe.

Noline addressed this concern by telling residents and parents present at the board meeting that the school budget includes funding for an attorney, who is necessary to resolve and advise on legal issues such as business concerns, accidents, housing, staff and more.

Noline encouraged parents to attend an orientation on Aug. 30.

"We want to have all the parents attend," Noline said. "If parents are involved and know the budget, they won't have any questions."

During the board meeting, Cody also addressed concerns regarding litigation and pleaded with residents to settle their differences at the local level.

"We'll really pay if this is taken to court," Cody said. "We already have to respond to the letter the attorney (Larry Kee Yazzie on behalf of LSI housing residents) wrote to the BIA, asking that we stop construction. We're all adults here, help us go through the process."

Cody told residents that the board wished that they did not have to move people, and reminded them that Rosita Kelly had been working with Dilcon and with Indigenous Community Enterprises to find homes for everyone.

"I've worked with you," he said. "We're trying to build homes for you. That's how we're working with you. The letters that we wrote (eviction notices) is to cover the school."

Another concern Walker discussed with community members is that of public health. There is a question of how the community will be protected when the homes are finally destroyed. Both asbestos and lead are present in the homes and the school.

"As far as we know, there is no safety plan in place to deal with this danger," a resident said.

Further, residents expressed their opinion that too much money was being wasted through lawsuits, attorney fees, travel and training. Others expressed concern over board members who might not actually meet requirements to serve in their positions.

Community concern may be illustrated in the fact that only 61 students had been enrolled at LSI at the time of Friday's board meeting--down from 286 at the end of the 2004-05 school year. But this may also be due to the delay in the school year. When LSI opens its doors to students on Sept. 6, the school year will have been delayed by three weeks.

The problem, according to Noline, is that the modular buildings expected to serve as classrooms during construction have not been set up.

"Construction was supposed to start in September," Noline said. "Rather than wait and have to delay the school year even more, we decided to go ahead and start on Sept. 6 in the old facility. The board is now expecting construction to begin in October or November," Noline added.

Residents began to trickle out of the meeting once the board extended the moving date, though a few hard cores stayed to listen to more reports.

As the meeting continued inside, Maxine Herrera stood outside in the parking lot. Herrera is one of the ex-employees who filed a grievance against the school due to a very poor evaluation by Lorraine Noline--one that Herrera challenged. She served as Food Service manager at LSI for four years, and came to the job with impressive credentials as a dietary technician and cook. She has many years experience in food service beginning in the military and continuing in positions such as head cook for the Phoenix Indian Medical Center and St. Joseph's Hospital.

"I came highly recommended," Herrera said. "When I came on board, the school was contracting with an outside corporation to plan its menu and work out the nutritional plans. I took on all of those services and saved the school a lot of money. I was also able to incorporate Indian food like stew and fry bread while making it healthier."

Herrera's complaint reached the Labor Commission, and at that point the school settled with her for an amount she is unable to disclose.

"It was hard for me to come to this meeting today," Herrera said. "I wanted to support my community."

Herrera has moved on to a position as a dietary technician with several nursing homes, with an increase in pay. Nonetheless, she stands with many community members seeking answers to hard questions concerning LSI's future.

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