____________________________ 

The Farmington Report: 

Civil Rights for Native Americans 

30 Years Later 

__________________________________________________________ 

New Mexico Advisory Committee to 

 the U.S. Commission on Civil Rights 

 [November 2005] 

This report of the New Mexico Advisory Committee to the United States Commission on Civil 

Rights was prepared for the information and consideration of the Commission. Statements and 

viewpoints in this report should not be attributed to the Commission, but only to the participants at 

the community forum, other individuals or documents cited, of the Advisory Committee. The 

findings and recommendations in this report should not be attributed to the Commission, but only 

to the New Mexico Advisory Committee. 
The United States Commission on Civil Rights 

The U.S. Commission on Civil Rights is an independent, bipartisan agency established by 

Congress in 1957, reconstituted in 1983, and reauthorized in 1994. It is directed to 

investigate complaints alleging that citizens are being deprived of their right to vote by 

reason of their race, color, religion, sex, age, disability, or national origin, or by reason of 

fraudulent practices; study and collect information relating to discrimination or a denial 

of equal protection of the laws under the Constitution because of race, color, religion, 

sex, age, disability, or national origin, or in the administration of justice; appraise federal 

laws and policies with respect to discrimination or denial of equal protection of the laws 

because of race, color, religion, sex, age, disability, or national origin, or in the 

administration of justice; serve as a national clearinghouse for information in respect to 

discrimination or denial of equal protection of the laws because of race, color, religion, 

sex, age, disability, or national origin; submit reports, findings, and recommendations to 

the President and Congress; and issue public service announcements to discourage 

discrimination or denial of equal protection of the laws. 

The State Advisory Committees 

By law, the U.S. Commission on Civil Rights has established an advisory committee in 

each of the 50 states and the District of Columbia. The committees are composed of state 

citizens who serve without compensation. The committees advise the Commission of 

civil rights issues in their states that are within the Commission’s jurisdiction. More 

specifically, they are authorized to advise the Commission on matters of their state’s 

concern in the preparation of Commission reports to the President and the Congress; 

receive reports, suggestions, and recommendations from individuals, public officials, and 

representatives of public and private organizations to committee inquiries; forward advice 

and recommendations to the Commission, as requested; and observe any open hearing or 

conference conducted by the Commission in their states. 

________________________________________________________ 

This report is available on disk in ASCII and WordPerfect 5.1 for persons with visual 

impairments. Please call (202) 376-8110. It is also posted on the Commission’s Web site at 

www.usccr.gov. 
____________________________ 

The Farmington Report: 

Civil Rights for Native Americans 

30 Years Later 

__________________________________________________________ 
Letter of Transmittal 

New Mexico Advisory Committee to the 

U.S. Commission on Civil Rights 

Members of the Commission: 

Gerald A. Reynolds, Chairman

Abigail Thernstrom, Vice Chair 

Jennifer C. Braceras 

Peter N. Kirsanow 

Arlan D. Melendez 

Ashley L. Taylor 

Michael Yaki 

Kenneth L. Marcus, Staff Director

The New Mexico Advisory Committee submits this report, The Farmington Report: Civil 

Rights for Native Americans 30 Years Later, as part of its responsibility to advise the 

Commission on civil rights issues in New Mexico. The Committee approved this report 

by a vote of 14 yes, 0 no, and no abstentions. 

In 1974, in response to the brutal murder of three Navajo youths and numerous 

complaints from Navajo leaders concerning unequal protection and enforcement of the

laws, the Advisory Committee undertook an intensive study of the social and economic 

relationships between the City of Farmington and the County of San Juan and the 

Navajos living in the community and in the adjoining reservation. In July, 1975, the 

Advisory Committee released the report, The Farmington Report: A Conflict of Cultures.

The report detailed information on the administration of justice, the delivery of health 

services, employment, and the economic environment. The report concluded with a series 

of findings and recommendations urging local and county officials in Farmington and 

San Juan County, in conjunction with Navajo leaders, to take steps to initiate concrete 

action to improve the treatment of Navajos living in the border areas of northwestern 

New Mexico. 

In April 2004, 30 years later, the New Mexico Advisory Committee returned to 

Farmington and San Juan County, New Mexico. The Committee desired to learn of 

changes in relationships between Farmington and San Juan County and the Navajos 

living in the community and in the adjoining reservation. The Committee is pleased to 

report that the intervening 30 years have witnessed an improvement with respect to the 

equal protection and enforcement of laws for Native Americans. Problems continue to

persist; however, and these are addressed in this report to the Commission. 

Nevertheless, the climate of tolerance and respect between the two cultures is a marked 

improvement from the conditions the Committee observed 30 years ago in 1974. This 

improvement presents a justification for the efforts of the Commission and other civil 

rights organizations and local leadership for the past several decades. 

ii
It is hoped that the Commission will find this report of value in carrying out its 

responsibility to study and collect information relating to discrimination or a denial of 

equal protection of the laws under the Constitution because of race, color, religion, sex,

age, disability, or national origin, or in the administration of justice. 

Respectfully, 

Stanley Agustin, Chairman

New Mexico State Advisory Committee 

iii
New Mexico Advisory Committee to the U.S. Commission on Civil Rights 

Stanley Agustin, Chairman

Albuquerque 

Emma Armendariz 

Las Cruces 

John I. Binkley 

Santa Fe 

Rebecca Bustamante 

Santa Fe 

Dale B. Carmichael 

Santa Fe 

Patrick D. Collins 

Roswell 

Lynda B. Eaton 

Bloomfield 

D. Kent Evans 

Las Cruces 

Pamela D. Evans 

Hobbs 

Valerie Webb Jaramillo 

Albuquerque 

Cindy J. Lovato-Farmer 

Santa Fe 

James A. Nez 

Las Cruces 

Hilary A. Noskin 

Albuquerque 

Ricardo Ramirez 

Las Cruces 

_______________________________________________________________________ 

Acknowledgements 

The New Mexico Advisory Committee expresses its appreciation to the Commission’s Rocky

Mountain Regional Office. The project was directed by John F. Dulles, regional director, 

iv
who also supervised the public forum. Initial report writing and follow-up research was 

conducted by Peter Minarik, regional director of the Commission’s Southern Regional 

Office. Additional writing and editing were performed by John Dulles. Assistance was 

provided by Malee Craft, civil rights analyst, and Evelyn Bohor, secretary. The legal review 

was provided by Emma Monroig, solicitor for the U.S. Commission on Civil Rights. 

v
Contents 

Chapter 1: Background...........................................................................................................1 

Purpose of the Forum.........................................................................................................1 

Organization of the Forum ................................................................................................3 

Chapter 2: Demographic and Socioeconomic Characteristics of the Farmington 

Area .........................................................................................................................................5 

 Geography ...........................................................................................................................5 

 Demography ........................................................................................................................6 

Chapter 3: Perspectives on Changes in Farmington Community 

Attitudes....................................................................................................................................8 

William Standley, Mayor, City of Farmington................................................................8 

Duane Yazzie, President, Shiprock Chapter, Navajo Nation .......................................10 

 Other Community Leaders..............................................................................................10 

Chapter 4: Farmington Revisited—Law Enforcement, Employment, and Health 

Services 30 Years Later.........................................................................................................13 

Law Enforcement and the Administration of Justice....................................................13 

 Police Community Relations.........................................................................................14 

 Detentions, Arrests, and Jail Conditions........................................................................15 

Minority Police Officers and Access to Legal Services................................................18 

Income, Employment, and the Local Economy .............................................................19 

 Income and Poverty .......................................................................................................19 

Occupations and Industry in San Juan County ..............................................................20 

 Public Employment .......................................................................................................22 

Perspectives on Community Attitudes and Economic Opportunity from Business 

 Leaders.........................................................................................................................23 

Perspectives on Community Attitudes and Economic Opportunity from the 

 American Indian Community ......................................................................................26 

Health Care Services for the American Indian Community .............................................28 

American Indians Experience Significantly Higher Rates of Illness............................30 

Perspectives from the American Indian Community on Health Delivery Services.......31 

Perspectives of Medical Service Providers.......................................................................33 

Chapter 5: Education and Housing......................................................................................35 

 Education...........................................................................................................................35 

 Student Achievement.....................................................................................................36 

Education Concerns Expressed by the American Indian Community...........................40 

 Housing ..............................................................................................................................43 

Chapter 6: Political Empowerment .....................................................................................45 

vi
Chapter 7: Public Testimony—A Summary .......................................................................49 

Chapter 8: Committee Observations (With Conclusions and Recommendations) .........52 

Figures 

Figure 1—San Juan County, New Mexico ................................................................................5 

Figure 2—Rate of American Indians Susceptible to Death from Accidents, Alcoholism,

Diabetes, Influenza, and Tuberculosis Compared to General Population ..........................31 

Figure 3—Total Enrollment and American Indian Enrollment for Central Consolidated 

School District No. 22, Farmington, Bloomfield, and Aztec School Districts, 2003-04 

 School Year ........................................................................................................................36 

Tables 

Table 1—San Juan County Population 1970 and 2000 by Race and Ethnicity.........................6 

Table 2—City of Farmington, Population, by Race and Ethnicity............................................6 

Table 3—City of Farmington, Household Composition ...........................................................7 

Table 4—Violent Victimizations, 1992-96, by Race ..............................................................14 

Table 5—Farmington Police Department, Assault and Battery Arrests, 2003........................16 

Table 6—Law Enforcement Police Officers, 1974 and 2004, Farmington Police 

Department and San Juan County Sheriff’s Department....................................................19 

Table 7—Employment by Industry 2000, San Juan County ...................................................21 

Table 8—EEO-1 Occupation Distribution of American Indians in New Mexico...................21 

Table 9—EEO-1 Occupation Distribution, City of Farmington, 1974 and 2003....................23 

Table 10—Reading and Mathematics Achievement, 4th Grade Students, Central 

Consolidated School District 22, New Mexico, 2003 School Year....................................37 

Table 11—New Mexico Public Education Department, Regular Elementary Schools, 

Status 2003-2004 Designation Ratings, NCLB..................................................................38 

Table 12—American Indian Representation in State Government .........................................45 

Appendices 

A. Speakers at the Community Forum ....................................................................................67 

B. Resolution Agreement between the Central Consolidated District #22 and the Office for 

Civil Rights, U.S. Department of Education ......................................................................71 

C. White Paper, Tótah Behavioral Health Authority, Program Description & Initial Findings, 

 Mar. 15, 2004......................................................................................................................75 

D. Testimony of Levon B. Henry, Executive Director, DNA People’s Legal Services, Inc. 

Farmington, May 13, 2004 .................................................................................................80 

E. Letter to John F. Dulles, Regional Director, from Dr. Richard Champany, Northern Navajo 

Indian Health Service, March 15, 2005 ..............................................................................85 

vii
Chapter 1 

Background 

Purpose of the Forum 

In April 1974 the bodies of two men, Herman Dodge Benally, 34, of Kirtland and John 

Earl Harvey, 39, of Fruitland, were found near Farmington, partially burned and 

bludgeoned. One week later, a third body was discovered, that of 52-year-old male, 

David Ignacio. All three men were Navajo. On May 1, 1974, three Farmington High 

School students were charged with the murders. Later, it would be alleged that the 

incident was part of “Indian Rolling”—the practice of abusing Navajo street inebriates, 

and that such incidents occurred repeatedly, mostly at the hands of white teenagers.1

The brutality of these crimes provoked an angry outrage and the Native American 

community started holding protest marches through downtown Farmington denouncing 

the pervasive racism and bigotry of the community. The dismissive attitude of the white 

community to the indigenous community, long a way of life in Farmington, was abruptly 

ended. As tensions mounted, much of the white community in Farmington found itself 

not only ill prepared to deal with the ensuing crisis, but indeed confused, threatened, and 

frightened. 

In the midst of this crisis, the New Mexico Advisory Committee came to Farmington and 

undertook an intensive study of the social and economic relationships between the white 

community and the Navajos. This included three days of public hearings in August of 

1974. In July 1975, the Advisory Committee released its report, The Farmington Report: 

A Conflict of Cultures (The Farmington Report). The report described a community ill 

prepared to handle a crisis in race relations and included in-depth analysis of (1) 

community attitudes, (2) the administration of justice, (3) the delivery of medical 

services, and (4) employment and the economic system. 

The report concluded with a series of findings and recommendations. Regarding 

prevailing community attitudes, there were three major findings. 

●First, “many elected public officials, . . . as well as civic, business, and 

professional leaders failed to assume a sense of active responsibility for 

promoting positive and productive relationships among the diverse segments of 

the population which they serve.”2

●Second, the areas of “health, employment, police-community relations, and 

social services are all areas which require attention and programming initiatives.”3

 

1

 Laura Banish, “The Broken Circle,” Daily Times, Farmington, NM, Apr. 21, 2004. 2

 New Mexico Advisory Committee to the U.S. Commission on Civil Rights, The Farmington Report: A 

Conflict of Cultures, July 1975, p. 132. 3 Ibid., p. 133.

1
●Third, there was “no mechanism available in Farmington to investigate and 

process complaints alleging discrimination.”4

Regarding police protection and the administration of justice, there were five findings. 

●First, “the Farmington Police Department employs a disproportionately low 

number of Native Americans in all aspects of police work.”5

●Second, “the community relations program of the Farmington Police 

Department has been ineffective in promoting understanding between the police 

and the community, especially the minority community in Farmington.”6

●Third, there was “no requirement by the Farmington Police Department to 

provide any kind of cultural awareness, sensitivity, or human relations training to 

its officers.”

7

●Fourth, “the crime rate among Navajos in Farmington is substantially higher 

than for non-Indians, and that the vast majority of those Navajos taken into 

custody are arrested for alcohol-related crimes.”8

●Fifth, “Native Americans who appear in municipal court are at a serious 

disadvantage primarily because proceedings are in a language other than their 

native tongue.”9

The Advisory Committee found that the health care situation for Navajos living in the 

northwestern part of New Mexico was at a crisis stage. 

●There were allegations that local hospitals refused services to Navajos in need of 

medical attention and that the Contract Medical Care (CMC) Program was 

inadequate to meet the health and medical needs of Navajos residing in the 

Shiprock and Farmington areas.10

●“Alcoholism and alcohol abuse are a pervasive and a profound problem

affecting the Navajo people.”11

Regarding employment and the local economy, Navajos were at an economic 

disadvantage. 

●The majority of Indians employed in the private sector were concentrated in 

low-skilled and low-paying jobs.12

●In the public sector, there was “a severe underutilization of Native Americans in 

local government employment.”13

 

4

 Ibid. 5 Ibid., p. 134. 6 Ibid., p. 135. 7 Ibid., p. 136. 8 Ibid., p. 137. 9 Ibid., p. 138. 10 Ibid., pp. 141-42. 11 Ibid., p. 139. 12 Ibid., p. 146. 13 Ibid., p. 149.

2
●In the local economy “the economic reciprocity which binds Navajo to 

Farmington and establishes the relationships between these two groups is, in 

almost every phase of life, basically unequal. The relationship is one of 

dominance and very little cooperation on the part of the predominantly Anglo 

community of Farmington towards Navajos instead of mutual understanding.”14

Thirty years after its first visit to the city of Farmington and the county of San Juan and 

the Navajos living in the community, the Advisory Committee returned to the community 

to learn of the extent that changes had occurred in the social and economic relationships 

between the diverse communities. On April 30, 2004, a daylong community forum was 

held in Farmington on the campus of San Juan College, entitled “Confronting 

Discrimination in Reservation Border Town Communities.”15

During morning and afternoon sessions, tribal leaders, state and local elected officials, 

community leaders, educators, representatives of law enforcement and business, and the 

general public made presentations to the Advisory Committee. In addition to revisiting 

topics from its first visit, the Advisory Committee examined aspects of political

participation, education, and the inclusion of Native Americans in community and 

decision-making. 

Organization of the Forum 

In preparation for the forum, staff from the Rocky Mountain Regional Office of the U.S. 

Commission on Civil Rights contacted more than 100 people in Farmington and San Juan 

County, New Mexico, to gather background information and invite them to attend the 

event. Those contacted included Native American and Navajo community 

representatives, local, county, and state officials, law enforcement agencies, members of 

the local business community, and representatives from schools and health service 

providers. 

Respondents to this broad outreach included the vice chairman of the Navajo Nation; 

representatives of the New Mexico legislature; the mayor of Farmington and the 

president of the Shiprock Chapter of the Navajo Nation. Also included were members of 

the Navajo community and local business owners; officials from the Farmington Police 

Department, the San Juan County sheriff, and the district attorney for the Eleventh 

Judicial District, New Mexico; the superintendents of Consolidated School District No. 

22, the Bloomfield schools, the Farmington municipal schools, and Tótah Behavioral 

 

14 Ibid., p. 150. 15 Following the 1974 hearings of the New Mexico Advisory Committee, the federal government took

several enforcement actions. A voting rights suit was filed against the county of San Juan, leading to a 

change from three to five commissioners and the creation of a single-member districting plan (two county

commissioners are now Navajo). Legal action was filed against the local hospital, resulting in that facility 

providing emergency room care for Navajo patients; and the Equal Employment Opportunity Commission 

filed against the city of Farmington for employment discrimination, resulting in the municipality adopting 

an affirmative action plan to remedy imbalances in its workforce. 

3
Health Authority; as well as other interested members of the community who testified at 

the public session.16

The week before the public forum, the Farmington Daily Times published a weeklong 

series titled, “The Broken Circle.” The series chronicled the turbulent period of racial 

tensions of the 1970s, including the Advisory Committee’s earlier work in Farmington. In 

addition to providing an excellent retrospective, with many diverse viewpoints, the series 

also assessed the current status of race relations in Farmington. The articles were written 

by Laura Banish, under the direction of Daily Times Publisher Keith Haugland, Editor 

Barry Heifner, and City Editor Mark Lewis.17

 

16 Appendix I lists the presenters at the community forum. 17 Laura Banish, “The Broken Circle” Farmington Daily Times, Farmington, New Mexico. Apr. 21 through

Apr. 27, 2004. 

4
Chapter 2 

Demographic and Socioeconomic Characteristics 

of the Farmington Area 

Geography

San Juan County is located in the northwest corner of the state of New Mexico, bordering 

Arizona, Colorado, and Utah. The county is comprised of 5,500 square miles. 

Farmington, the largest city in the county, is located in the northern half of the county and 

is situated at the confluence of the San Juan, Animas, and La Plata rivers. It provides a 

shopping hub for the area that covers a 150-mile radius and includes the smaller towns of 

Aztec, Bloomfield, and Shiprock, New Mexico, as well as several towns in Colorado 

including Durango and Cortez. 

Nearly three-fourths of the land in San Juan County consists of Indian reservations. The 

vast Navajo Nation Reservation lies adjacent to the county, as does the Jicarilla Indian 

Reservation. An Indian reservation is a land reserved to an Indian tribe, and on each 

reservation the local governing authority is the tribal government.1

Figure 1—San Juan County, New Mexico

Source: U.S. Bureau of the Census, Census of the Population, 2000. 

New Mexico, with American Indians comprising 10 percent of the state’s population, has 

the third largest percentage of American Indians of all states. Only Alaska, where 19 

percent of the total population is American Indian or Alaskan Native, and Oklahoma (11 

percent) had higher rates. In addition, New Mexico ranks fourth among the states in the 

 

1

 There are approximately 275 Indian land areas administered as Indian reservations, and the states in

which reservations are located have limited powers over them and only as provided by federal law. 

5
number of American Indian residents (187,323), behind only California (413,382), 

Arizona (294,137), and Oklahoma (279,559).2

Demography

In the intervening 30 years since the Advisory Committee’s last report in 1975, the 

population of San Juan County has doubled from 52,517 to 113,801. The racial and 

ethnic composition of the county, however, is relatively unchanged. Whites remain the 

largest racial/ethnic group and comprise about half of the county’s population and 

American Indians remain the largest minority group, about 37 percent of the county’s 

population. Hispanics are the second largest minority group and are about 15 percent of 

the county residents. (See table 1). 

Table 1—San Juan County Population 1970 and 2000 by Race and Ethnicity

1970 2000

Number Percent Number1 Percent2

Total 52,517 113,801 

White-Non Hispanic 26,874 51.2 52,922 47.4

Latino 6,903 13.1 17,057 15.3

American Indian 18,439 35.1 41,290 37.0

African American 301 0.6 429 0.3

Source: U.S. Bureau of the Census, Census of the Population, 1970 and 2000. 1

Population totals for individual race and ethnic groups include only individuals identifying themselves as 

of one race/ethnicity. 2

Percents are based upon the total population of individuals identifying themselves as one race/ethnicity. 

Though there has been a perceptible shift to urbanization among households, the county 

continues to have a large rural population. In the 1970s, more than half of the population 

lived in rural areas; whereas the 2000 census reports 46,388 of the county’s residents, 40 

percent, living in rural areas.3

Table 2—City of Farmington, Population, by Race and Ethnicity

Category Population Pct Tot 

Total 37,844 100.0 

Non-Hispanic White 23,780 62.8 

Black 316 0.8 

American Indian 6,419 17.0 

Asian, Pacific Islander & Non-Hispanic Other 264 0.7 

Non-Hispanic,Bi-and, Multi-Racial 631 1.7 

Hispanic or Latino (of any race)1 6,434 17.7 

Source: U.S. Bureau of the Census, Census 2000 Redistricting Data. 1

Hispanic persons are classified as an origin rather than a race since people of Hispanic origin fall into

several racial categories. 

 

2

 U.S. Census Bureau, State Rankins—Statistical Abstract of the United States, July 2003. 3

 U.S. Census of the Population, 2000 census, SF-1 tables. 

6
The 2000 census recorded a population of 37,844 people in Farmington. Of this number, 

62.8 percent were white; 17.7 percent were Hispanic; and 17.0 percent were Native 

American. 

Most households in Farmington are married couples living together and nearly 40 percent 

of the households have children. Of the 13,982 households in Farmington, 54.3 percent 

are married couples living together, 12.4 percent have a female householder with no 

husband present, and 27.8 percent are non-families. (See table 3). Thirty-eight percent 

(37.9%) of all households have children under the age of 18 living with them. The 

average household size is 2.67 and the average family size is 3.13. 

The population is spread out with the median age 34 years. About 30 percent of the 

population (29.3%) is under the age of 18; about 10 percent (9.9%) is from 18 to 24; 

almost 30 percent (28.5%) is from 25 to 44 years; and about 30 percent of the population 

is over the age of 45 with 21.5 percent from 45 to 64 and 10.7 percent who are 65 years 

of age or older. For every 100 females there are 96.2 males. For every 100 females age 18 

and over, there are 93.0 males.4

Table 3—City of Farmington, Household Composition 

HOUSEHOLD TYPE Pct of Total 

Family Households 10,099 72.2%

 With own children under 18 5,299 37.9%

 Married-couple family 7,599 54.3%

 Female householder, no husband 1,730 12.4%

Non Family Households 3,883 27.8%

 Householder living alone 3,165 22.6%

 Householder, 65 years and over 1,013 7.2%

Total Households 13,982 100%

Source: U.S. Bureau of the Census, Census 2000.

 

4

 http://en.wikipedia.org.

7
Chapter 3 

Perspectives on Changes in Farmington Community 

Attitudes 

Thirty years have passed since the Advisory Committee first came to Farmington and 

concluded that elected public officials and the local civic, business, and professional 

leaders had generally failed to assume a sense of active responsibility for promoting 

positive and productive relationships among the diverse segments of the population 

which they serve, particularly with respect to the Navajo people. This passive behavior in 

the face of ongoing and overt discrimination against the Navajo people created a 

permissive culture of bigotry and racial intolerance. 

Thirty years later, two leaders from the two major communities, William Standley, mayor 

of Farmington, and Duane Yazzie, president, Shiprock Chapter, Navajo Nation, as well 

as other community leaders came and told the Advisory Committee that there has been a 

marked improvement in social relations and civil rights in the Farmington community 

from three decades ago. 

William Standley, Mayor, City of Farmington 

Speaking to the Advisory Committee, Mayor Standley acknowledged that bigotry was 

part of the community’s past and was candid in admitting that some vestiges of prejudice 

and bigotry still exist in the community. Nevertheless, he insisted that the Farmington 

community has made real progress in civil rights and that current public and private 

leadership was committed to continuing these efforts.1

 He told the Committee: 

We who serve in the positions of leadership in Farmington are very aware that we carry

with us both the blessing and the burdens of the past. This heritage has included both an 

enlightened side and the dark side of the history of human interactions in this Four 

Corners area. Will you find examples in our community where people are not well 

treated? Probably. Will you hear complaints of unequal treatment and restricted access to 

opportunity? Undoubtedly. But you will see examples of progress, good will and 

commitment to a positive change in the city of Farmington, and we believe and hope that 

you will. 

We are proud to say that we have voluntarily established and fully utilized an affirmative 

action plan for the city of Farmington. The plan includes provisions for proactive 

recruitment of minorities for positions within the City, as well as policies to prevent 

discrimination and promote qualified women and minority employees in internal hiring. 

For many years, our regional community has been plagued by high levels of alcohol 

abuse, often manifested in the highly visible presence of street inebriants in various 

 

1

 As a personal attestation of the new commitment by elected officials, after speaking to the Advisory 

Committee, Mayor Standley stayed and remained in the audience to listen to all other presenters and

presentations for the entire proceedings of the day-long community forum.

8
avenues in the city of Farmington. Three years ago, we . . . launched a new organization 

in the Farmington area known as the Tótah Behavioral Health Authority. This authority

outlined a comprehensive, systematic, and cooperative model for addressing alcohol 

abuse crisis. 

Another program which we developed in the past three years is a program called, "The 

Roof." During the winter, we have had every year Navajos dying from exposure on our 

streets. Three years ago, the city of Farmington for the first time opened a winter-wet 

shelter called The Roof. It is fully funded by the city of Farmington. We have had not one 

person die on our streets from exposure since this program started. 

Farmington Intertribal Indian Organization came into being in the 1970s as an agency in

Farmington providing direct service to Native American residents and visitors to the 

community. These services include providing a welcoming and accessible location for 

Native American visitors to visit or gather, providing hot meals, emphasizing Native 

American dishes, hosting Native American events, and musical performances advising 

Native Americans on their interactions with local social agencies, businesses, government 

offices, and assisting clients in interpreting and negotiating sales contracts. The city of 

Farmington has been a major supporter of this important operation.

Finally, (we have) an initiative . . . to transform the overall climate of the community into 

one of inclusion, respect, and equality. For several years, we have enjoyed working with 

former Navajo Nations Vice President Marshall Plummer. He has assisted us in orienting 

our employees to Navajo culture and important factors involved in interaction between 

Navajo and western cultures. 

I want you to know that my words are sincere, that they are not only words but 

expressions of my personal commitment on behalf of the city of Farmington to make a 

difference. And as mayor and as a citizen of this wonderful community, I have greatly

enjoyed expanding my own horizons with regard to enriched gifts brought forward by the 

cultures of our area.2

Because the bigotry in Farmington was so egregious 30 years ago and there was no 

mechanism available to investigate complaints alleging discrimination or an official body 

to provide recommendations on human rights, the Mayor was asked whether Farmington 

had established a citizen-based human relations commission. Mayor Standley said such a 

commission had not been established, though he added that there has been “dialogue on 

this . . . and (he) would be open-minded to (the idea if) that would improve input or 

communications or help the community and city to move forward.”3

 

2

 Testimony of William Standley to the New Mexico State Advisory Committee to the U.S. Commission on

Civil Rights, community forum, April 30, 2004, Farmington, NM, (hereafter cited as Farmington

Transcript), pp. 16-39. 3

 Ibid., p. 39. Mayor Standley also presented the Advisory Committee with a document titled, “Reflections 

on Progress: Meeting the Civil Rights Challenge, Farmington, New Mexico,” a report prepared by the city

of Farmington (April 30, 2004). The report contains sections outlining progress in the following areas: 

government services, law enforcement, the business community, education, health, and the faith

community. 

9
Duane Yazzie, President, Shiprock Chapter, Navajo Nation 

President Yazzie, similar to Mayor Standley, told the Advisory Committee that though 

remnants of bigotry persist, there has been real progress in terms of civil rights and a 

considerable improvement in the general social climate in and around Farmington for 

Navajo people. 

Thirty years ago, we marched on Farmington to make a stand against racism and 

discrimination that we were subjected to, which we silently accepted as normal for many

years. We made our point then and now we look back and ponder the progress we have 

made. 

I stand before you today with my report card that reads Farmington, which was dubbed 

"The Selma, Alabama, of the Southwest," in 1974 coming from a grade of D to a B- in 

race relations. I point to the deliberate efforts made by the city's elected officials and civic 

leaders through the years to improve our relations. These sustained efforts are to be 

commended. On behalf of my people, I do very much appreciate these efforts. 

Yes, there continue to be periodic problems but, for the most part, the efforts of the 

public servants, including law enforcement, the courts, the business community, and the 

major employers in the regions, there has been considerable advancement. 

Even so, the influence of the most effective programs will not reach all the people. That 

is the case here. Where we--even though we as civic and business leaders try to strive to 

make a better world, some of the citizens will always be rednecks, Indian-haters, and 

bigots. By the same token, I admit that there are Indian people who will also always be 

racist.4

Other Community Leaders 

Ervin Chavez, county commissioner of San Juan County, affirmed the comments of 

Mayor Standley and President Yazzie that there has been a genuine improvement in 

cultural awareness and tolerance since the 1970s. 

We still have a ways to go yet, . . . but I think through my experience as county

commissioner over the past (and) when you see things that happened back in the mid-'70s 

to the '80s versus now, we've come a long ways. I think that was a real awakening of 

what happened back in the 1970s. And it is really good to see that because you have to 

have a lot of good players in place to make a lot of things move, and that's what you're 

seeing here.5

Leonard Tsosie, senator, New Mexico Senate, cautioned that racism continues to exist 

and will continue to be in Farmington. Now, however, the racism is more subtle and more 

difficult to detect so it takes a greater vigilance to ensure civil rights. 

 

4 Testimony of Duane Yazzie, Farmington Transcript, pp. 39-43. 5

 Testimony of Ervin Chavez, Farmington Transcript, pp. 55-61. 

10
I suggest that we do not give up on the efforts to stamp it (racism) out, that we continue 

to implement changes, so that we bring not only harmony to the Native American world, 

but also to the world in general. So long as there is racism, there will be conflicts. So long 

as we do not understand diversity, there will be conflicts and wars. 

I believe there is a gradium of racism; there are subtleties and there is overtness. Through 

historical times, I think we've seen the lynching of people of different color and it was so 

overt. Now we somewhat see the racism going into the closet. The overt expression of 

racism may not be there anymore and, therefore, gives us the false impression that it is 

not there. I think, therefore, that we need to be more vigilant in trying to figure out a way

to understand racism in modern times.6

Larry Emerson, an educational consultant from Shiprock, told the Committee that his 

research revealed that the “first recorded potshot where someone intentionally, just for 

the fun of it, takes shots at Indians here in San Juan County, here in Farmington” 

occurred in 1879. “So the idea of rolling Indians is not a new phenomena that some

media might suggest.” 

Mr. Emerson provided an overview of the historical relationship between whites and 

Indians in the region, describing it as “the dominant’s relationship to the subordinate . . . 

in terms of legal, cultural, land, economic, political dimensions of our relationship.” The 

themes are those of “the sophisticated and the primitive, the civilized and the barbaric,

the savage and the civilized.” Noting these themes and the policies of paternalism are 

well documented and unavoidable, he said that Native people have “tried to maneuver 

and strategize ourselves away from that kind of treatment.” Describing the state of 

current race relations in the region, Mr. Emerson observed the “term of polite racism 

probably more characterizes a lot of what goes on now.”7

Frank Dayish, Jr., is the Vice Chairman of the Navajo Nation, also from Shiprock; he 

listened to some of the testimony and then commended the Advisory Committee for its 

work, extending a pledge of cooperation and support. He addressed the Committee and 

the audience: 

We welcome everybody here. We don’t leave anybody out. We want to welcome nonNatives as well and we’ve done that for a long time. And Farmington is a suburb of our 

nation . . . . We’re a citizen of the state of New Mexico. And we’re a citizen of the United 

States. And we’re looking for our inherent rights and that’s all we would like to have 

observed by everybody that’s here. 

And in terms of education, let it be said that on April 30, today, that from the Office of 

the President and Vice President of the Navajo Nation, the Navajo culture, education that 

would be the cornerstone of all education—from our nation—and we’re willing to teach 

that to non-Natives that would like to participate in that endeavor as well. 

 

6

 Testimony of Leonard Tsosie, Farmington Transcript, pp. 62-64. 7

 Testimony of Larry Emerson, Farmington Transcript, pp. 162-66. 

11
Mr. Dayish referred to consumer and employment issues, as well as education, and 

thanked the Committee for exploring these issues.

8

 

8

 Testimony of Frank Dayish, Jr., Farmington Transcript, pp. 208-09. Mr. Dayish met with Committee 

Member Linda Eaton and Regional Director John Dulles in Farmington on Jan. 23, 2004. He strongly urged 

the Committee to investigate the employment practices of major energy-related companies in San Juan

County. 

12
Chapter 4 

Farmington Revisited—Law Enforcement, Employment, and 

Health Services 30 Years Later 

In its first visit to Farmington in 1974, the New Mexico Advisory Committee examined 

community attitudes and the social and economic relationships between the white 

community and the Navajos in three specific areas: (1) law enforcement and the 

administration of justice, (2) employment and the economic system, and (3) the delivery 

of medical services. The Committee found improvements in police-community relations 

but American Indians are still disproportionately arrested and incarcerated. In terms of 

economic conditions, Navajos are still impoverished and relegated to low-income

occupations. With respect to health services, although still suffering disproportionate high 

levels of disease and health-related problems, local and area health delivery systems and 

hospitals are more open and accommodating to Navajos than in the past. 

Law Enforcement and the Administration of Justice 

A major civil rights concern of American Indians throughout New Mexico and Navajos 

in the Farmington community has been law enforcement and the administration of 

justice. A recent report by the U.S. Department of Justice revealed a disturbing picture of 

American Indian involvement in crime as both victims and offenders. The rate of violent 

victimization estimated from responses by American Indians is well above that of other 

U.S. racial or ethnic subgroups and is more than twice as high as the national average. 

(See table 4). This disparity in the rates of violence affecting American Indians occurs 

across age groups, housing locations, income groups, and sexes. 

With respect to the offender, American Indians are more likely than people of other races 

to experience violence at the hands of someone of a different race, and the criminal 

victimizer is more likely to have consumed alcohol preceding the offense. On a given 

day, an estimated 1 in 25 American Indians age 18 or older is under the jurisdiction of the 

criminal justice system—2.4 times the per capita rate of whites and 9.3 times the per 

capita rate of Asians. But black Americans, with a per capita rate nearly double that of 

American Indians, are more likely to be under the care or custody of correctional 

authorities.1

 

1

 U.S. Department of Justice, Office of Justice Programs, “American Indians and Crime,” Foreword, 

February 1999. 

13
Table 4—Violent Victimizations, 1992-96, by Race 

Number of violent victimizations per 

1,000 persons age 12 or older** 

 All races 50 

 American Indian 124* 

 Black 61 

 White 49 

 Asian 29 

*American Indians experience per capita rates of violence that are more than twice those of the 

U.S. resident population. 

Source: U.S. Department of Justice. 

In addition to high levels of victimization, American Indians by percentage as a group are 

also disproportionately arrested and incarcerated. That is American Indians have the 

highest prison population in relation to their percentage of the population. Moreover, 

most American Indians who are incarcerated in New Mexico come from the more heavily 

populated counties, such as San Juan and McKinley.2

Police Community Relations

The city of Farmington is located within the boundaries of San Juan County, and as a 

result law enforcement responsibilities are divided. The Farmington Police Department 

has primary jurisdiction over matters within the city limits of Farmington while the San 

Juan County Sheriff’s Department has responsibility for maintaining law and order in the 

other parts of the county.3

 Three law enforcement officials spoke to the Advisory 

Committee: Michael Burridge, Jr., chief of police, city of Farmington; Bob Melton, 

sheriff, San Juan County, and Lindy Bennett, deputy district attorney, who represented 

District Attorney Greg Tucker. 

In the 1975 Farmington Report, several witnesses alluded to the prejudicial attitudes of

police officers toward Navajos. There were also accusations of racial slurs by the police 

and complaints about inequity of police protection. Chief Burridge addressed this issue 

with the Advisory Committee: 

We have aggressively addressed issues concerning racism and intolerance within the 

community. As an example, after several rumors of Native Americans being assaulted, 

we immediately assigned our Street Crimes Task Force to address those issues and 

rumors. The task force sergeant was assigned to be a liaison with the Tótah Behavioral 

Clinic, "The Roof," and the street inebriants and homeless in an attempt to learn the depth 

of the problem and come up with a plan of action. 

 

2

 James W. Zion, “Discrimination Against Indigenous Peoples in State Justice Systems: A Case Study from

the Southwest of the United States,” paper presented to Expert Seminar on Indigenous Peoples and the 

Administration of Justice, Madrid, Spain, November 2003. 3

 The Navajo Nation also has a tribal police department which conducts law enforcement functions within

the reservation. 

14
The members of this department, both sworn officers and civilians, care deeply about our 

community and all members of the community that we serve, regardless of race, gender, 

religion, or sexual preference. Many of our department members serve the community in 

special ways, by serving and volunteering on committees, commissions, and boards.4

 

Sheriff Melton told the Advisory Committee that the San Juan County Sheriff’s 

Department, as all police agencies nationwide, has as its priority impartiality, fairness,

courtesy, and the use of force only when appropriate. Moreover, he expressed the opinion 

that it is incumbent upon police leadership to have a real and meaningful impact on the 

attitudes and behaviors of its officers to ensure these priorities are put into practice. 

With respect to his department and its dealings with the various communities in and 

around the Farmington community, Melton told the Committee the sheriff’s department 

of San Juan does not discriminate and welcomes scrutiny and evaluation of its dealings 

with the public. 

(The San Juan County Sheriff’s Department) does not discriminate as it goes about the 

business of providing effective and competent law enforcement services to a racially and 

culturally diverse community. (And) it is through (the Department’s) practice, respective 

to racial and cultural diversities, that it should and will be judged and evaluated. (So) as a 

public agency, I and my staff welcome scrutiny and evaluation. I would hope that at the 

conclusion of this investigation, the Commission on Civil Rights is as confident as I that 

the values we hold respective to race and culture are in fact reflected in our day-to-day

practices.5

Similarly, Lindy Bennett told the Advisory Committee that the district attorney’s office 

pursues the administration of justice without prejudice. 

The district attorney's office is committed to fair, aggressive, and professional 

prosecution, regardless of race, creed, or color. We have 22 committed prosecutors in our 

office who are dedicated to achieving justice in San Juan County. As most of you know, 

as a District Attorney, we're not just an advocate for the state of New Mexico. Our job is 

to see that justice is achieved. Sometimes that might mean dismissing a case. Sometimes 

that means prosecuting a case to the fullest . . . . And I can assure you that prosecution 

here in San Juan County proceeds without regard to race, creed, or color.6

Detentions, Arrests, and Jail Conditions

The Advisory Committee previously reported that the arrest rate among Navajos in 

Farmington was substantially higher than for non-Indians, and that the vast majority of 

those Navajos taken into custody are arrested for alcohol-related crimes. In 1974 the 

Commission studied Farmington’s arrest records for a 5-year period commencing in 

1969. One major finding was the over-representation of Native Americans. Specifically, 

Indians comprised the following percentages of total arrests in Farmington from 1969 to 

 

4

 Testimony of Michael Burridge, Jr., Farmington Transcript, pp. 115-22. 5

 Testimony of Bob Melton, Farmington Transcript, pp. 124-25. 6

 Testimony of Lindy D. Bennett, Farmington Transcript, pp. 126-29. 

15
1973: 1969, 79 percent; 1970, 84 percent; 1971, 80 percent; 1972, 81 percent; and 1973, 

83 percent. 

Nearly 30 years later, data provided to the Committee by the Farmington Police 

Department demonstrated that in 2003, Native Americans represented 57 percent of all 

arrests, more than twice that of whites (24 percent); nearly 78 percent of all arrests for 

liquor law violations were Native American, compared to 14 percent for whites; Native 

Americans represented 58 percent of all arrests for DUI, compared with 26 percent for 

whites. Similar patterns were reported for disorderly conduct arrests. Of the 399 arrests 

for assault, aggravated assault, battery or aggravated battery, 186 (47 percent) were 

Native American (see table 5). 

Therefore, the percentage of Native American arrests has declined since 1974; however, 

it remains disproportionately high, given the fact that only 17 percent of Farmington’s 

population is Native American. 

Table 5—Farmington Police Department, Assault and Battery Arrests, 2003 

Assault Aggravated

Assault 

Battery Aggravated

Battery

Race/Ethnicity Number/Pct Number/Pct Number/Pct Number/Pct

White 5 (9.2%) 11 (26.2%) 84 (35.9%) 30 (30.9%)

Native American 18 (69.2%) 23 (54.8%) 94 (40.1%) 51 (52.6%)

Latino 3 (11.6%) 6 (14.2%) 49 (21.0%) 12 (12.4%)

African American 0 2 (4.8%) 7 (3.0%) 3 (3.1%)

Unknown 0 0 0 1 (1.0%)

Source: Farmington Police Department. 

Chief Burridge was candid with the Advisory Committee about these concerns and the 

disproportionate arrests of American Indians. 

The arrest information we provided will show statistical information during the last five 

years regarding arrests for violent crimes as well as drugs and alcohol violations. Have 

we arrested more Native American men and women for alcohol-related offenses more 

than any other race? Yes. Yes, we have by quite a large majority. Does it show or mean 

that we're picking on, profiling on, or have a bias against the Native American race?

Absolutely not. It shows that we have a societal problem with alcohol that is prevalent in 

our Native American community as well as other members of our society.

7

Bob Melton, sheriff of San Juan County, provided crime statistics to the Committee 

following the public forum. Of total arrests made by the sheriff’s department in 2003, 42 

percent were Native American; 25 percent, white; and 26 percent, Hispanic. 

Of all DWI arrests in this same year, 62 percent were Native American; 22 percent, 

white; and 8 percent, Hispanic. In the category, “Suspect Driver in Alcohol Related 

Crashes by Race in 2003,” the figures were: Native American, 56 percent; white, 25 

percent; and Hispanic, 19 percent. Mr. Melton also advised the Committee that recruits 

 

7

 Testimony of Michael Burridge, Jr., Farmington Transcript, pp. 115-22. 

16
receive 75 hours of training in the Basic Academy on cultural diversity, ethics, and racial 

sensitivity.8

Numerous Navajos, however, came forward and insisted that their community continues 

to be ill served by the police and justice system, and several individuals alleged overt 

discriminatory behavior by the police. As an example, Commissioner Chavez expressed 

incredulity at the high number of Native Americans in the county’s DWI facility: 

It’s kind of (peculiar) I guess when you look at the makeup of our population here in San 

Juan County within our DWI facility as well as our DWI treatment center. The majority

of the population is made up of Navajos or Native Americans right now. You can't tell 

me that only Indians drink in this town.9

Ruth Russell told the Advisory Committee about encountering alleged police harassment 

on a routine shopping trip. 

My mom and I were stopped by a policeman and when we stopped and rolled down the 

window, he poked his head in the window and he said, "It smells like you're drinking."

My mother and I do not partake of liquor. We do not use alcohol and we were not 

intoxicated. We were just driving home. And another incident with the police, my sister 

was being harassed by some teenage white boys on the way home from work. She 

approached three local policemen at the Dunkin' Donuts place. They were having coffee 

and donuts there and she told them, "I'm being harassed. I'm frightened." And they just 

offered to buy her a donut.10

Ramona Tewa told the Committee about her experience with police officers who she said 

were uncooperative when she filed a report. 

A case in particular involves law enforcement. My brother, Purnell Tewa, has been 

missing since May 1998. It took five attempts to file him missing. He was deemed a 

wandering drunk Indian. The officer told me to go out and look in the bars and the streets 

and on the reservations, because that's where they usually end up. (My brother) was 

driving a car that was found burnt out in Chokecherry Canyon. The vehicle was later lost 

by the department. I later found it at a local salvage yard. This case is still unsolved.11

Several of the invited speakers addressed the disproportionate numbers of Navajos in 

prison. Others described overcrowded conditions and jails lacking essential services. And 

others asserted that the high rate of incarceration of Native Americans was due to the lack 

of social services. Hoskie Benally, Jr., noted for the Committee: 

In 2001, 800 juveniles went through the court system and at least 70 percent of those 

were Navajos. A lot of them end up in the juvenile detention centers because there's no 

(health) treatment available for them. And it's not only just treating the drug and alcohol 

usage, but other disorders and mental health issues that are causing and driving this 

 

8

 Letter from Bob Melton, sheriff, San Juan County, to John Dulles, regional director, June 14, 2004. 9

 Testimony of Ervin Chavez, Farmington Transcript, pp. 55-61. 10 Testimony of Ruth Russell, Farmington Transcript, pp. 369-70. 11 Testimony of Ramona Tewa, Farmington Transcript, pp. 413-14. 

17
alcohol and drug usage and there are no resources here in this community to address 

that.12

Edward Smiley, executive director of the Farmington Inter-Tribal Indian Organization, 

told the Advisory Committee of overcrowding and abusive conditions in community 

prisons. 

(In) our jails, we see overcrowding situations, and sometimes reports by our homeless 

people that they're abused by the jailers and inmates. And then . . . those at our jail also 

do not have immediate medical attention--especially those with diabetic and related 

health problems, and they usually need immediate assistance.13

Ray Begaye, New Mexico House of Representatives, said that an issue that has been 

oppressing in Indian country is the overcrowding in the tribal prisons and jails, which has 

caused some prisoners to be released because of health concerns. 

Jails in Indian Country operate well beyond the capacity in 2002, with one jail in six 

holding twice their recommended maximum of prisoners according to figures released by

the Justice Department. There were 70 jails, detention centers, and other correctional 

facilities in Indian Country housing 2,080 inmates in 2002, up 2 percent from the prior 

year. On average, during June 2002, the 70 jails were operating at 92 percent capacity, 

with 13 stretched beyond capacity on any given day. The Tohono O’odom and the 

Mescalero Detention Centers were strained most severely, on average holding more than 

three times the number of inmates it was designated to accommodate. 

Inmates are released due to public environmental health concerns. And we continue to 

experience that on the Navajo Nation today—this lack of jail facilities to house inmates, 

and a lot of times they're released sooner. And at one time, Shiprock jail was shut down 

for health reasons. And my concern, I guess, is really going back to the federal 

government.14

Minority Police Officers and Access to Legal Services

In 1975, the New Mexico Advisory Committee reported on the low number of minority 

and American Indian police officers. The Committee found both police agencies, the 

Farmington Police Department and the San Juan County Sheriff’s Department, employed 

a disproportionately low number of Native Americans. In Farmington, of the 57 police 

officers, only two (3.5 percent) were Navajo. In 1974, there were 13 deputies in the 

sheriff’s department, one of whom was Navajo. 

In the intervening 30 years, the percent of minority police officers has increased in both 

agencies. Since 1974, the number of police officers in Farmington has doubled to 106 

certified police officers, eight (8 percent) of whom are Native American. Despite the 

improvement, however, American Indians are still underrepresented in their number of 

police officers as they comprise 17 percent of the city’s population. Similarly for the 

 

12 Testimony of Hoskie Benally, Jr., Farmington Transcript, pp. 167-76. 13 Testimony of Edward Smiley, Farmington Transcript, pp. 196-210. 14 Testimony of Ray Begaye, Farmington Transcript, pp. 44-49.

18
county, American Indians are 44 percent of the county but only 9 percent of the deputized 

sheriff force. 

Table 6—Law Enforcement Police Officers, 1974 and 2004, Farmington Police Department and San

Juan County Sheriff’s Department 

Farmington Police Department San Juan County Sheriff’s Dept. 

1974 2004 1974 2004

No. of police 

officers 57 106 13 90 

Percent Native

American 3.5% 8.0% 8.0% 5.5% 

Source: U.S. Commission on Civil Rights, The Farmington Report: A Conflict of Cultures; Farmington

Police Department; and Office of the Sheriff, San Juan County. 

Mr. Bennett told the Advisory Committee that it was his belief that the district attorney’s 

office had no Native American prosecutors.15

Other speakers mentioned the need for public defenders who can work closely with 

Native Americans regarding court procedures, pending judgments, postponing court 

dates, repeated arrests, and clearance of records. In addition, several presenters decried 

the cost of legal services and that such high costs have had a chilling effect on Navajos 

challenging civil rights violations. Some noted that in the past, Native people and Navajo 

people depended a great deal on legal services and that the Navajo people used to be able 

to obtain legal services from such entities, but there has been a de-funding in recent years 

for such programs.

16

Income, Employment, and the Local Economy

Income and Poverty

According to the 2000 Census, New Mexico’s median household income ranked 44th

among the 50 states and the District of Columbia. The United States has a median 

household income of $41,994. The city of Farmington has higher income levels and less 

poverty compared to San Juan County. The median income for a household in 

Farmington is $37,663. 

Based on a three-year average (1997-1999), the poverty rate for American Indians and 

Alaska Natives was 25.9 percent. This is higher than the poverty rates for non-Hispanic 

whites (8.2 percent) and Asians and Pacific Islanders (12.4 percent) but not statistically 

different from the rates for African Americans (25.4 percent) and Hispanics (25.1 

percent).17

Sixteen percent (16%) of the population and nearly 13 percent (12.9%) of families in San 

Juan County are below the poverty line. Out of the total people living in poverty, 22.8 

 

15 Testimony of Lindy Bennett, Farmington Transcript, p. 137. 16 See, for example, the testimonies of Edward Smiley and Leonard Tsosie, Farmington Transcript. 17 U.S. Census, press release, 2000. 

19
percent are under the age of 18 and 7.2 percent are 65 or older. Poverty remains a 

particularly harsh reality for most American Indians in San Juan County. 

In San Juan County, the median income for a household in the county is $33,762, and the 

median income for a family is $37,382. Males have a median income of $35,066 versus 

$21,299 for females. The per capita income for the county is $14,282. Twenty-one 

(21.5%) percent of the population and 18.0 percent of families are below the poverty line. 

Out of the total people living in poverty, 26.6 percent are under the age of 18 and 18.2 

percent are 65 or older.18

Occupations and Industry in San Juan County

The economy of San Juan County is based in natural resources, power production, 

recreation, and retail trade. Beginning in the 1970s, the county experienced economic 

growth through the construction of several gasification plants, the construction of several 

plants to supplement the Four Corners Power Plant operated the Arizona Public Service 

Company, and the continued development of Navajo irrigation projects. Though 

education, health, and social service jobs are the largest employment sector in the county, 

nearly one in nine jobs in the county are in the mining and agriculture sector. The next 

largest sectors of employment are construction, transportation and public utilities, and 

entertainment. (See table 7). 

Table 7—Employment by Industry 2000, San Juan County

Industry Number Percent

Manufacturing 1,766 4.0

Mining, Agriculture, Forestry 4,832 10.8 

Contract Construction 3,934 8.8 

Transportation & Public Utilities 3,682 8.3

Wholesale Trade 1,621 3.6 

Retail Trade 5,860 13.2 

Finance, Insurance & Real Estate 2,039 4.6 

Arts, Entertainment, Lodging & Food Service 4,019 9.0 

Information 632 1.4

Professional, Scientific, Administrative 2,340 5.3 

Educational, Health & Social Services 9,199 20.7 

Public Administration 2,372 5.3 

Other Services 2,245 5.0 

Source: U.S. Census Bureau, 2000 Census. 

Throughout New Mexico, American Indians find themselves concentrated in the lowincome occupations. Though they comprise almost 6 percent of the state’s labor force, 

only 2 percent of the state’s officials, managers, and professionals are American Indians. 

By way of contrast, 8 percent of all service workers and nine percent of all laborers are 

American Indians. 

Table 8—EEO-1 Occupation Distribution of American Indians in New Mexico

Total Official Prof. Tech. Sales Office Crafts Oper. Labor Service

Total

179,373 16,328 31,565 18,865 24,102 26,172 13,271 12,892 11,115 23,946 

 

18 http://en.wikipedia.org.

20
Am.

Ind. 10,182 373 582 786 1,494 1,225 1,378 1,080 1,024 1,910 

Pct 

Am.

Ind. 5.7 2.3 1.8 2.5 6.2 4.7 10.4 8.4 9.2 8.0 

Source: U.S. Equal Employment Opportunity Commission.

Senator Tsosie argued that economic conditions and employment opportunities have not 

measurably improved for American Indians. There is high unemployment and a 

reluctance by public and private entities to actively engage affirmative action programs. 

There is high unemployment. On the Navajo Nation, over 50 percent are still 

unemployed. In municipalities for other groups, unemployment has declined or is much 

less, even three, four-fold less in terms of employment. But for Native Americans, the 

high unemployment remains. 

In terms of subtleties, programs that were designed to increase Native employment are 

under attack. I talk about the federal Indian Preference Law and also the Navajo 

Preference Law. Companies now use constitutional arguments to say that these laws 

themselves discriminate and, therefore, should be abolished. And such actions make 

tribal governments hesitant to vigorously advocate on behalf of their people to try to 

promote Indian preference within towns or by private employers because it is always

under constant attack.19

Steve Grey, chairman, Navajo Nation Telecommunications Regulatory Commission, 

argued a similar point, i.e., American Indians and in particular Navajos in and around the 

Farmington community are not afforded equal employment opportunity in professional 

occupations and the higher-paying blue collar jobs.20

 

19 Testimony of Leonard Tsosie, Farmington Transcript, pp. 62-88. In the past the U.S. 

Supreme Court has allowed preferences to members of Indian tribes. In Morton v. Mancari, 417 U.S. 535

(1974) it upheld the Indian Self-Determination and Education Assistance Act’s employment preference

condition that “any contract, subcontract grant, or subgrant” pursuant to the Act “shall require that to the 

greatest extent feasible ... preferences and opportunities for training and employment in connection with the 

administration of such contracts or grants shall be given to Indians.”19 Plaintiff alleged that this provision 

was in contradiction to Title VII of the Civil Rights Act of 1964, Pub. Law No. 92-261, 86 Stat. 103

(codified at 42 U.S.C. § 2000e (2005). The Court held that American Indians could be treated differently

than other citizens because doing so recognized them as members of quasi-sovereign tribal entities, rather 

than as members of a "racial" class. Footnote twenty-four of the opinion says that the preference applies 

only to Indians who are members of federally recognized tribes. As a result, it is settled that the unique

legal status of Indian tribes under federal law permits the Federal government to enact legislation singling 

out tribal Indians, legislation that might otherwise be constitutionally offensive. American Federation of

Government Employees v. United States, 104 F. Supp. 2d 58 (D.D.C. 2000) upheld a contracting 

preference for firms mostly owned by American Indians, Indian tribes or Native-Hawaiian organizations. 

However, in Dawavendewa v. Salt River Project Agricultural Improvement and Power District, 154 F.3d

1117 (9th Cir. 1998) the Ninth Circuit held that the Navajo Nation’s tribal preference policy constituted

Title VII national origin discrimination against a non-Navajo Indian under Title VII of the Civil Rights Act 

of 1964. See Elizabeth Zarden Mazzarella, Note: Employment Law: Dawavendewa v. Salt River Project 

Agricultural Improvement and Power District: The Need for Congressional Change in Native American 

Hiring Preferences, 28 American Indian Law Review 413 (2003/2004). 20 Testimony of Steve Grey, Farmington Transcript, pp. 105-14. 

21
Administrative and managerial positions are still filled with few, if any, Native 

Americans. It doesn’t matter if you look at the county, the city, or even local institutions. 

You still find very few Native Americans in high-level, decision-making positions. After 

30 years, you would think the local governments would have made great progress in this 

area. In the local area, the professional area, (only) 2 percent of Native Americans are in 

those professional areas. In skilled craft areas, they are 14 percent. Those are very low 

numbers when you compare them to the overall population of the Navajo. On the Navajo 

Nation, there are over 8,000 tribal employees that work for the tribal government--quite a 

large (number) when you compare this to the 600 to 800 workers both at the city and at 

the county levels. This does not include the hundreds of employees that work for Indian 

Health Service or the Bureau of Indian Affairs. To make statements that there are no 

professional Native Americans is nothing more than an excuse. I have many colleagues 

who possess those degrees, such as master's and Ph.D. degrees. I know many Navajo law 

enforcement officials as well as judges. Many of those professional Navajos commute 

from areas like the Four Corners to jobs far from Farmington. You can't tell one that--you 

can't tell me that they would not like to work closer to home and in communities such as 

Farmington, New Mexico.

21

Tina Deschenie, testifying as part of the Navajo Leadership Panel before the Advisory 

Committee, lamented the lack of equal opportunity in the employment sector for 

American Indian women, particularly in higher-paying positions. 

There are (only) a few instances of Indian women progressing to higher-level positions of 

employment. Indian women are largely excluded from corporate groups, boards of 

directors, and are under-represented in positions of influence and status and economic 

reward. (And) single-woman households are increasing and this is because women are 

forced to move away from their home communities to pursue education, such as what is 

offered here by San Juan College. And that leads to all kinds of family breakdown, in 

some cases due to divorce, sometimes abandonment or domestic violence. Domestic 

violence is very high among Indian women.22

Public Employment

The city of Farmington is one of the largest employers in San Juan County. When the 

Committee visited Farmington in 1974, only 4 percent of the city’s employees were 

American Indian in a city that had a population of almost 8 percent American Indian. 

Today, 30 years later, the city’s past disproportionate employment of American Indians 

has been largely corrected. In 2003, 18 percent of the city’s workforce was American 

Indian contrasted with 17 percent of the population. In almost every job category, the 

percent of American Indians employed by the city has increased to generally approximate 

the proportion of residents. 

Table 9—EEO-1 Occupation Distribution, City of Farmington, 1974 and 2003 

1974 2003

Category Total Whites Indians Total Whites Indians

Administration1 181 156 5 (2.8%) 132 97 21 (15.9%) 

Police 72 66 2 (2.8%) 146 107 20 (13.7%) 

 

21 Ibid. 22 Testimony of Tina Deschenie, Farmington Transcript, pp. 176-86. 

22
Parks 15 10 0 (0.0%) 129 63 49 (38.0%) 

Housing2 32 27 4 (12.5%) 73 40 14 (19.2%) 

Sanitation3 54 28 4 (7.4%) 132 85 19 (14.4%) 

Fire 33 29 1 (3.1%) 78 68 3 (3.9%) 

Total 387 316 16 (4.1%) 690 460 126 (18.3%) 

Sources: Farmington Report (1975); City of Farmington 2004 Affirmative Action Plan (2003). 1

Administration: combines Administration and Airport for 1974; combines Legislative, Judicial, 

Administration, Legal, IT, Admin Services, General Services, and Human Resources for 2003. 2

Housing: Combines Housing, Planning, and Streets for 1974; is Community Development for 

2003. 3

Sanitation includes Sanitation and Electric for 2003. 

One job category in city employment that remains substantially under-represented is the 

fire department. Of the 78 persons employed by the department, only three (3.9%) are 

American Indians. The fire department is the one city job category that has not shown 

substantial increases in minority employment in the past 30 years, remaining 

approximately 90 percent white. 

Perspectives on Community Attitudes and Economic Opportunity from Business

Leaders

Previously the Advisory Committee had reported on the local economy and found that 

the economic relationship between the Navajo and the Farmington business community 

is, in almost every phase of life, unequal. The relationship is one of dominance with very 

little cooperation on the part of the predominantly Anglo community of Farmington 

towards Navajos. Perspectives regarding economic relations were solicited from the 

business community and the native community. 

Generally, the business community told the Advisory Committee about equal 

employment opportunity in local business and that employers strive to hire as diverse a 

group of people as possible. Several also noted an improved attitude by business owners 

toward minority customers and an increased cultural sensitivity. The American Indian 

community, however, was less conciliatory, and argued that predatory lending and pricegouging actions against Indians were still prevalent. 

Gary Dethloff, store manager, American Home Furnishings, Farmington, told the 

Advisory Committee that today there is a positive attitude on the part of local business 

towards minority customers: 

I have lived in Farmington for the past five years serving as the store manager for

American Home Furnishings, located directly west of the downtown district. I can offer 

no simple explanations or solutions for the long-standing problems described by your 

1975 report as "Conflict of Cultures." Since I am a newcomer to Farmington, I cannot 

properly judge the progress made by either culture in reducing this conflict in the past 30 

years. But from what I have seen and heard in the past five years, I am certain that 

progress has been made. 

Currently, American Home has eight store locations in New Mexico and Arizona. We are 

an equal opportunity employer and we always strive to hire and mentor as many different 

23
groups of people as possible, including minorities and the handicapped. My store has 

done an increasingly better job accomplishing this goal since it opened in Farmington 15 

years ago . . . . I am required by my supervisors to report and repair any damaged

relationships since long-term relationships are the very essence of our success as a 

business. 

Although percentages naturally fluctuate over time, my staff of 40 to 50 generally ranges 

from a third to one half Native American employees. My mostly Navajo employees 

exhibit a caring and committed dedication to service for all of our customers, as do the 

rest of our employees. Everyone is accepted, welcomed, and invited to shop at American 

Home. We would like to partner with the colleges and the chapter houses so that 

American Home can be more successful recruiting Native Americans to professional 

retail sales and management.

23

Joyce Donald, president, Four Corners/Western Slope Better Business Bureau, said there 

has been a tremendous change in the attitudes of local business: 

The mission of the Better Business Bureau is to promote and foster the highest ethical 

relationship between business and the public through voluntary self-regulation. And one 

of the things that I like to put across (to business owners is that) customers sign your 

paycheck. They are the ones that bring the money to your business. So it's very important 

how you treat them, what you do for them, how you educate them. 

I find sometimes with the Navajos, that an older lady or an older gentleman will get into a 

situation where they cannot read the contract. I will say to their son, daughter, or anybody 

that might bring them in, ‘Go with them when they're going to make a major purchase. 

Make sure that they understand. Help them.’ Because I think our younger people can 

help. I think there is a responsibility not only with business, but it's also with the families 

to help these people when they're making purchases and going into something strange 

that they don't know about.

The one thing that I have seen over 20 years is a tremendous change in the attitude of 

businessmen as far as the Native Americans and blacks, and how the businesses are 

treating them.

24

Ms. Donald told the Committee that communications with customers as well as the 

customer becoming educated “is what it’s all about.” She expressed concern with lending 

institutions, noting that predatory lending has been “a big problem we’ve suffered with.” 

In response to a Committee member’s inquiry, she stated that of a total membership of 

800 to 850 businesses, the Better Business Bureau has but two Navajo member 

organizations. The bureau also has no minority staff.25

 

23 Testimony of Gary Dethloff, Farmington Transcript, pp. 211-16. 24 Testimony of Joyce Donald, Farmington Transcript, pp. 217-24. 25 Farmington Transcript, pp. 262, 264. In response to the Committee’s request, Ms. Donald agreed to

forward for the record, statistical information regarding complaints filed with the Better Business Bureau, 

data which she said was kept by her organization. However, despite follow-up efforts by regional staff after 

the forum, this data was never submitted to the Committee. 

24
Melissa Lane, president, Farmington Chamber of Commerce, discussed cultural 

sensitivity and told the Advisory Committee that the racial climate has improved. 

The Farmington Chamber of Commerce has a Champion of Customer Service 

Committee. That committee has been in place for a few years. I will tell you even prior to 

the inception of that committee, probably for about the last ten years, we've been working 

on customer service training and cultural sensitivity training. 

Our Telecommunications and Transportation Committee has been working on several 

initiatives. One of the initiatives is working with a Navajo tribe and Citizens 

Communications to bring a fiber optic system to the Four Corners. I believe that over the 

past years we have come a very long way in making sure that we are communicating . . . . 

At the Chamber, we do receive complaints and we do our best to answer those and refer 

them to either the Better Business Bureau or to where it is appropriate. 

I think that we have a great collaborative effort here in our community. The Farmington

Chamber of Commerce works very closely with the city of Farmington, with San Juan 

College, with San Juan County, with the Farmington Convention and Visitors Bureau, 

and with the Navajo Nation. I think we try and make a positive difference in the 

community. Certainly we are still working on making sure that everybody's needs are 

being met, but we have come a long way and we are very excited with the initiatives that 

we have right now with (former Navajo tribal official) Mr. Plummer and with the city of 

Farmington working on a systemic approach to cultural sensitivity training.26

In response to a Committee question, Ms. Lane told the Committee that “two or three” of 

the chamber’s members are Navajo. She also stated that her organization has no minority 

employees.27

Steve Melloy, director, Advantage Dodge, Farmington, told the Advisory Committee that 

it was essential to be culturally sensitive to do business in Farmington: 

From a standpoint of doing business in Farmington, it is a multi-cultural area and that's

part of the reason I am here. I like the area we live in. I like New Mexico. I like the multicultural aspect of Farmington. I like where it is and the people that live here and the type 

of business that we have is. We deal with a lot of different cultures and a lot of different 

people. Consequently, what we have to do is we try to be aware of certain things that 

might offend people and that might be offensive to a certain culture and—because it's 

different doing business here than what it is in—possibly in Albuquerque or a different 

area. 

The Navajo reservation has 250,000 people, which is a large group of people. And in 

order to do business in Farmington, you should very much be prepared to deal with the 

Navajo reservation and how to do business on the reservation. We've tried to address 

these issues, but sometimes, from a cultural standpoint, it is hard to keep an open line of 

communication because sometimes what we think and what somebody else thinks might 

be two different things. What we try to do is if a person comes into our dealership and is 

in the process of buying a car or in the process of obtaining service for their car, their 

 

26 Testimony of Melissa Lane, Farmington Transcript, pp. 225-31. 27 Farmington Transcript, pp. 262, 264. 

25
vehicle, if they do not understand, whether it be a Hispanic or Navajo-speaking person, 

we try to provide somebody in our dealership, an employee in our dealership, who can 

help translate and help provide the information so they can understand, can feel 

comfortable when they come into our business and be able to do business and have the 

respect that they should have and be treated properly in our dealership.28

Dave Turnbull, president, Western Tire and Appliance, Farmington, told the Advisory 

Committee that a policy of nondiscrimination is simply good business. 

What I have learned over all my years is that customer service is number one. A business 

will not survive if it does not take care of its customers. I guess the biggest thing that I've 

heard this morning and that I learned when I was a very young man (in the retail 

business) was a policy that has stuck with me to this day--no discrimination. 

We have customers every day that only speak Spanish, Navajo, or whatever, and I am so 

grateful to have many employees at my facility that can help them because I don't speak 

those languages and I wish I did. But I think we need to be looking at that and I think 

that's why we're here today, how do we keep educating our friends and neighbors. I feel 

privileged to be a suburb of the Navajo Nation. I want to continue to learn more and do 

the best job I can to continue a successful business. But we all have new employees all 

the time, and there is a need out there to keep educating these employees, whether people 

have just moved to the community or who have lived here all their lives. 

I know thousands and thousands of dollars have been contributed from local businesses 

to charitable organizations on the Navajo Nation, within this county, and it's fabulous. It 

is just fabulous.29

Mr. Turnbull noted, in response to a Committee member’s question, that 58 percent of his 

employees are minority (37 percent Navajo); Mr. Melloy responded that 34 percent of his 

workforce is minority (16 percent Navajo); and Mr. Dethloff stated that 60 percent of his 

staff is minority, mostly Navajo.30

Perspectives on Community Attitudes and Economic Opportunity from the American 

Indian Community

DNA People’s Legal Services is a non-profit law firm funded primarily by the federal 

government through the Legal Services Corporation. The agency serves the northwest 

part of New Mexico and has offices in Farmington and Shiprock, on the Navajo Nation. 

Both offices have a high caseload of consumer issues. The majority of DNA’s clientele 

are Native Americans, who often fall victim to abusive consumer transactions and 

predatory lending practices. The Farmington office has processed 124 consumer-related 

cases with 12 open cases this year and the Shiprock office has processed 258 consumerrelated cases and they also have12 consumer-related cases open this year. The numbers 

are relatively small because the offices are not fully staffed and DNA’s representation is 

 

28 Testimony of Steve Melloy, Farmington Transcript, pp. 232-34. 29 Testimony of Dave Turnbull, Farmington Transcript, pp. 234-36. 30 Farmington Transcript, pp. 262-64. 

26
limited to low income people.31 Levon Henry, executive director for DNA People's Legal 

Services told the Advisory Committee that DNA has been in operation nearly 40 years 

and continues to see these problems and they do not seem to be getting any better. 

Many people in the Four Corners region have been devastated by the unscrupulous 

business practices of car dealers, mobile home dealers, pawn shops, and the new payday

loan and title loan operations. Many of the unscrupulous dealers and business operators 

are willing to take full advantage of the elderly who they know full well don't understand 

the terms and conditions of the legal documents they are signing. 

While some community members may say that the blatant discrimination of Native 

Americans and low income persons is tempered by the passing years, it remains alive and 

well in another forum shown through the well-documented business practices of these 

unscrupulous car dealers, unscrupulous mobile home dealers, and unscrupulous pawn 

dealers. 

This is not to say that this is a reflection of this community. There are certain business 

dealers within this community that continue these practices and cast a bad light on this 

community. Many of the unscrupulous business dealers are willing to put an individual 

into a contract that they know that the individual cannot pay. Many of the unscrupulous 

dealers and business operators are willing to loan a person a small amount of cash for 

valuable property at exorbitant interest rates, then turn around and sell that property for a 

large amount without notifying the owner. Many of the unscrupulous dealers and 

business operators look forward to the tax season so that they can take advantage of the 

tax return loans offered to the people.32

A number of other speakers from the American Indian community reiterated Henry’s 

testimony that individual consumers from their community do not receive fair treatment 

from some businesses in the Farmington area. Harry Descheenie, a presenter on the 

Navajo Leadership Panel at the community forum, told the Advisory Committee that 

American Indians often encounter problems when trying to purchase large items. 

A majority of the Navajo families who come in to make large consumer purchases 

purchase either cars or mobile homes. And there are instances of problems with those 

consumer transactions. Just the fact that between here and Shiprock, there are a number 

of pawn stores and trading posts that have large fenced-in yards full of vehicles and horse 

trailers is some indication that there is a struggle amongst Navajo families with money in 

that they are pawning large items from their households for cash. And so there is 

something wrong with the economic picture when you put all of those instances 

together.33

Smiley alleged that a number of commercial enterprises continue to overprice products 

and services sold to American Indians. 

As far as for business and consumer, there's a lot that we should look into, these are car 

dealers and repair shops and overpricing, things like that. I think as a Native American 

 

31 Testimony of Levon Henry, Farmington Transcript, pp. 89-104. 32 Testimony of Levon Henry, Farmington Transcript, pp. 89-104. 33 Testimony of Harry Descheenie, Farmington Transcript, pp. 187-95. 

27
consumer, we do not usually fully understand the paperwork involved and what it all 

means and we just sign off on the purchases.34

Begaye told how payday loan companies and installment loans are crippling many 

American Indian households. 

One is on the payday loans. It's pretty extreme in Gallup, New Mexico, and it is pretty

extreme here in this area. Interests are insurmountable and loans cannot be consolidated 

or paid back in full once you get this payday loan. The requirement is for the consumer to 

pay back by installments. Late payments comes with additional late fees. And this has 

been a critical issue that's pressing the Native American people today that are seeking 

every avenue to secure some type of form of loan or some kind of friends to 

accommodate their household needs. 

Vehicle loans are another matter or concern. The Navajo people and poor minorities 

sacrifice their vehicles by surrendering their title in lieu of loans. The interests are 

insurmountable and loans cannot be consolidated or paid back in full here again. So a lot 

of the vehicles are confiscated, family vehicles of Indian people. 

Car dealer fraud is another one that continues to exist in border towns. Car dealers 

commit consumer frauds when they sell used cars without disclosing the history of major 

collision, odometer rollbacks, un-repairable mechanical problems, or undesirable prior 

use.35

Wallace Charley, Navajo Nation Council Delegate to the San Juan County Commission, 

also was critical of some local car dealers. He told the Committee that in the late 1990s, 

the Navajo Tribal Council passed legislation that mandated car dealers on and 

surrounding the Navajo reservation to discuss with all purchasers of vehicles the terms

and conditions of the purchase agreement and loan. Most car dealers comply with the law 

and as a result there has been some improvement in the integrity of car retail transactions 

with Navajos in and around the Farmington community.36

Health Care Services for the American Indian Community

American Indians continue to experience health disparities and higher death rates than the 

rest of the U.S. population. Despite the funds appropriated by Congress to deliver health 

care services for Native Americans, a wide range of public health status indicators

demonstrate that Native Americans continue to suffer disproportionately from a variety 

of illnesses and diseases. Based on a three-year average (1997-1999), 27.1 percent of 

American Indians and Alaska Natives lack health insurance coverage. This rate is 

 

34 Testimony of Edward Smiley, Farmington Transcript, pp. 196-210. 35 Testimony of Ray Begaye, Farmington Transcript, pp. 44-49. 36 Testimony of Wallace Charley, Farmington Transcript, pp. 50-54. For a 2003 article on predatory 

lending to Navajos in New Mexico, see http://www.indiancountry.com/content.cfm?id=1057937660. (last 

accessed 6/2/05). See press release March 31, 2004, of the National American Indian Housing Council 

titled, “Hearing Address Subprime and Predatory Lending: Native Americans Continue To Be 

Overlooked.” 

28
significantly higher than that of African Americans (21.6 %), Asians and Pacific 

Islanders (20.9 %), and non-Hispanic whites (11.6 %), but lower than that of Hispanics 

(34.3 %).37

The Indian Health Service (IHS) has been given primary responsibility for eliminating 

this disproportionate health status and has been largely successful in reducing mortality 

rates, while making significant improvements in other areas. The IHS provides health 

care services to approximately 1.5 million of the 2.6 million Native Americans in the 

United States. Recipients include members of more than 560 federally-recognized tribes 

in 35 states. IHS provides services primarily to the Native Americans living on or near 

reservations or in rural areas. Funds for IHS health care are discretionary, consequently, 

IHS provides health care services only to the extent appropriated funding allows. 

When the New Mexico Advisory Committee visited Farmington in 1974, it found that the 

health care situation for Navajos living in the northwestern part of New Mexico was at a 

crisis stage. The Committee heard allegations that local hospitals refused services to 

Navajos in need of medical attention. There was evidence that the Contract Medical Care 

(CMC) Program was inadequate to meet the health and medical needs of Navajos 

residing in the Shiprock and Farmington areas. Alcoholism and alcohol abuse were a 

pervasive and a profound problem affecting the Navajo people.38

Today, a major health provider in the Farmington community is the San Juan County 

Regional Medical Center. Locally-owned and not-for-profit, the center is a federallydesignated “sole community provider” with a service area covering more than 5,500 

square miles. The center is governed with direct input from a corporation whose members 

represent more than 80 community organizations, including the Farmington Inter-Tribal 

Indian Organization.39

Still, available data suggests that 32 percent of the total San Juan County population is 

uninsured or underinsured40 and alcoholism remains a devastating disease among 

Navajos in the Farmington community. In response to this continuing problem in the 

American Indian community, in November 2000 a local health summit convened and 

reported that there are at least 700 uninsured and untreated chronic public inebriates in 

the region who have become homeless and estranged from their families. Moreover, the 

summit found a tendency for inebriates to migrate to Farmington and the greater San Juan 

region, which has produced added pressure on limited resources of the community, of 

community agencies charged with protecting public health and safety. 

Working in active partnership with officials from the Navajo Nation, the city of 

Farmington, and San Juan County, the Tótah Behavioral Health Authority (TBHA) began 

to serve this community two and a half years ago. It operates as an independent health 

delivery service with six other partnering agencies including the San Juan Regional 

 

37 U.S. Census, press release, October 2000. 38 Farmington Report, pp. 141-42. 39 Decision Points, San Juan Regional Medical Center Annual Report, 2003. 40 See comments of Paul Ehrlich, Farmington Transcript, p. 315. 

29
Medical Center, Farmington Inter-Tribal Indian Organization, Four Winds Recovery 

Center, Presbyterian Medical Services, the state of New Mexico Department of Health, 

and the federal Indian Health Services.41

American Indians Experience Significantly Higher Rates of Illness

American Indians continue to experience significant rates of diabetes, mental health 

disorders, cardiovascular disease, pneumonia, influenza, and infant mortality. As a result, 

the U.S. Commission on Civil Rights held a briefing on October 17, 2003, in 

Albuquerque, New Mexico, and found compelling evidence that disparities in the health 

status of Native Americans persist. The Commission reported substantial disparities 

between the American Indian community and the general populace in diabetes, 

tuberculosis, mental illness, alcoholism, suicide, and infant mortality.42

American Indians are 770 percent more likely to die from alcoholism, 650 percent more 

likely to die from tuberculosis, 420 percent more likely to die from diabetes, 280 percent 

more likely to die from accidents, and 52 percent more likely to die from pneumonia or 

influenza than other Americans, including white and minority populations. As a result of 

these increased mortality rates, the life expectancy for Native Americans is 71 years of 

age, nearly five years less than the rest of the U.S. population.43

●Diabetes is one of the most serious health challenges facing American Indians, 

and American Indians have the highest prevalence of Type 2 diabetes in the 

world. 

●Although the tuberculosis rate among American Indians is declining, it 

continues to disproportionately affect this population. 

●American Indians are at a higher risk for mental health disorders than other 

racial and ethnic groups. 

●Alcohol abuse is widespread in Native American communities; Native 

Americans use and abuse alcohol and other drugs at younger ages, and at higher 

rates, than all other ethnic groups. 

●The suicide rate for American Indians continues to escalate and is 190 percent of 

the rate of the general population; suicide is the second leading cause of death for 

American Indians 15 to 24 years old and the third leading cause of death for 

American Indian children 5 to 14 years old. 

●From 1994 through 1996, the Indian Health Service estimated that the ageadjusted death rate from pneumonia and influenza for American Indians was 71 

percent greater than the rate for the entire U.S. population. 

●American Indian infants continue to die at a rate two to three times higher than 

the rate for white infants, and coincidently maternal health factors also indicate 

 

41 Ibid. 42 Since 1973, mortality rates have been reduced for the following: tuberculosis (82 percent); maternal 

deaths (78 percent); infant deaths (66 percent); accidents (57 percent); injury and poisoning (53 percent); 

and pneumonia and influenza (50 percent). Indian Health Service, Trends in Indian Health 1998–99, Aug. 

21, 2003). 43 U.S. Commission on Civil Rights, Native American Health Care Disparities Briefing, Albuquerque, NM, 

October 2003. 

30
lower health status and pregnant American Indian women consistently hold the 

lowest percentage of women receiving early prenatal care.44

Despite the presence of the San Juan County Regional Medical Center and a more 

accommodating attitude in the Farmington community, American Indians in general 

continue to have disproportionately high levels of certain illnesses and diseases. The U.S. 

Commission on Civil Rights recently reported on the primary contributors to disparities 

in health status for Native Americans:

●Limited access to appropriate health facilities;

●Poor access to health insurance; 

●Insufficient federal funding;

●Quality of care issues; and 

●Disproportionate poverty and poor education.45

 

Figure 2—Rate of American Indians Susceptible to Death from Accidents, Alcoholism, Diabetes, 

Influenza, and Tuberculosis Compared to the General Population 

0

200

400

600

800

1000

Accidents

Alcoholism

Diabetes

Influenza

Tuberculosis

Other Americans American Indians

Source: U.S. Commission on Civil Rights, report titled, Broken Promises: Evaluating the Native American

Health Care System (February 2005).

Perspectives from the American Indian Community on Health Delivery Services

Several presenters from the American Indian community discussed health delivery 

services with the Advisory Committee. Generally, they agreed that the overall delivery of 

services to American Indians had improved in the past 30 years. Still, some voiced 

concerns about health care affordability, access to those services given the location of 

providers, and the seriously high rate of illness in the American Indian community. Paul 

Ehrlich, however, concentrated his comments detailing for the Advisory Committee the 

 

44 Ibid. 45 U.S. Commission on Civil Rights, Native American Health Care Disparities Briefing, February 2004. 

31
ongoing devastating effect of alcoholism on the American Indian community and the 

work of the Tótah Behavioral Health Authority (TBHA). 

Tina Deschenie told the Committee that she was able to utilize health insurance from her 

employment and use all of the local medical service providers and the services provided 

had been good.46 Smiley said that when Native Americans living in Farmington need 

medical attention, they go to San Juan Regional Medical Center and they do receive 

services. But he complained that often they end up paying for their health services, which 

can sometimes run from $3,000 to $15,000.47

Senator Tsosie voiced concerns that health care providers are not situated in locations 

convenient to the population they are to be serving. 

The IHS and the specialized health services have pretty much all migrated to the border 

towns and it's lacking where Indian people live. Almost all of the veterans’ hospitals and 

clinics have migrated into border towns, and you see Native Americans 

hitchhiking,veterans hitchhiking, into border towns for services. We need to figure out a 

way to reverse that. 

Ehrlich reminded the Committee and the audience of the historical legacy that helped 

produce high rates of alcoholism among the American Indian population, and the efforts 

of the Tótah Behavioral Health Authority to serve those suffering from the disease 

residing in the Farmington community. Speaking with Paul Ehrlich was Edward Begay, a 

traditional counselor at the TBHA, who vividly and emotionally described the 

intergenerational pain and suffering of the clients he serves at the center. 

(Ehrlich) I feel that it's important to keep in mind the historical context in which we all 

live. The record shows that alcohol was used as a tool of conquest and subjugation that 

added greatly to the oppression of Native American people. It has left a bitter legacy on 

Native communities throughout North America. It has devastated families and destroyed 

the lives of countless individuals. It has created an historical trauma that has powerful 

residual effects in the present day. Treating alcohol abuse successfully is one of the single 

most effective ways to begin to heal these wounds and redress injustice in the past. 

TBHA serves a monthly average active caseload of 117 clients and has successfully 

referred 79 clients, or more than 11 percent of our target population, to inpatient

treatment for alcoholism. TBHA's current program statistics demonstrate that our primary

target population is most likely to be male, approximately 42 years of age, 93 percent of 

whom are Navajo. 

Additional conditions that impact access and contribute to health disparity in this group 

are clustered in the following areas: Acuity of condition when entering the service 

system. Typically, when our clients present for treatment, their physical and mental 

condition is exceptionally acute, resulting in increased costs to local--the local health and 

safety network. This in turn complicates service delivery and coordination requirements. 

In addition to alcoholism and drugs--and addiction to other drugs, often accompanied by

 

46 Testimony of Tina Deschenie, Farmington Transcript, pp. 176-86. 47 Testimony of Edward Smiley, Farmington Transcript, pp. 187-210. 

32
co-occurring mental health conditions--our clients frequently suffer with diabetes, 

chronic respiratory conditions, heart disease, STDs, malnutrition, and dental needs that 

have gone untreated, often for many years.48

(Edward Begay speaking in Navajo.) A lot of the population that we serve, the relatives 

that we serve here in the Four Corners area, have no knowledge, have no idea who they

are, where they are coming from. They (migrate) into the border towns seeking jobs, 

seeking something better than what is usually found on the reservation, unemployment, 

lack of education, lack of support. A lot of our relatives and (much of the) population that 

we serve, were raised in single-parent homes due to alcoholism, due to domestic 

violence, due to a lot of unhealthy environments, unhealthy relationships. 

A lot of the people, the relatives that we serve here in Tótah Behavioral Health have 

childhood issues, unresolved issues, childhood traumas. (They have been called) words 

such as "stupid," "crazy," "uneducated," "stealer"—and a lot of these have caused these 

traumas. A lot of these words have caused major impacts to a point where they feel that 

they are stupid. They no longer have their input to society. These words cause them so 

much heartache, so much pain, the grief that comes with this abandonment.49

Perspectives of Medical Service Providers

Steve Altmiller is president and chief executive officer of the San Juan Regional Medical 

Center in Farmington. In a staff interview, he noted the following: 

1. The hospital has one floor devoted exclusively for renal care. Ninety percent of 

the patients are Navajo. Many of the patients are terminal. 

2. Approximately 100 patients per month are brought to the emergency room for 

detoxification. One-third of these are then referred to the Four Winds facility. 

3. Thirty percent of all inpatients are Navajo, the bulk in renal care. Approximately 

2 percent of the hospital’s revenue is from the Indian Health Service. 

4. Education is critical to improving the outlook for Navajo health conditions. 

Infrastructures need to be strengthened to support a healthier lifestyle, including 

transportation, and better housing and sanitary conditions. Transportation systems 

need to be improved. Diabetes is a serious problem and dietary changes must be 

promoted. The regional center is using videos to help in its educational outreach 

to the Navajo community. 

5. Sixteen percent of the medical center’s staff is Navajo.50

Dr. Richard Champany is the medical director of the Northern Navajo Medical Center in 

Shiprock (an Indian Health Service facility). This center provides extensive hospital and 

health care service throughout the northern Navajo Nation, including San Juan County. In 

a staff interview, Dr. Champany made the following observations: 

1. There are serious issues concerning environmental health in San Juan County. In 

combination, automobiles, power plants, and the oil and gas industry are 

 

48 Testimony of Paul Ehrlich, Farmington Transcript, pp. 283-312. 49 Testimony of Edward T. Begay, Farmington Transcript, pp. 313-39. 50 Steve Altmiller, staff interview with John F. Dulles, regional director, Farmington, NM, Jan. 20, 2004. 

33
producing nitrous oxides (a precursor to smog). Asthma is a major disease in the 

region, for which Shiprock has among the highest rates in the nation. One factor 

contributing to asthma is smog. 

2. There is a lack of continuity in services. Many doctors serve in a temporary 

capacity. While the pay rate for primary care physicians is equal to the median 

salary throughout the state, there are significant sub-specialties (including 

orthopedics, anesthesia, emergency room care), where it is difficult to recruit 

physicians for the salary offered by the Indian Health Service. 

3. The Indian Health Service is under-funded nationwide. A $500,000 deficit facing 

the Shiprock center is being deferred to the next year. 

4. The Navajo Area Indian Health Service has 8 service units, located throughout the 

reservation. There are few dialysis services offered and there is not enough for all 

necessary dialysis care.51

Dr. Champany submitted additional comments to the Advisory Committee on March 15, 

2005. These are included in appendix G. 

 

51 Staff interview, Dr. Richard Champany, with John F. Dulles, regional director, Shiprock, NM, Mar. 25, 

2004. 

34
Chapter 5 

Education and Housing

In its first visit to Farmington in 1974, the New Mexico Advisory Committee focused on 

the social relationships between the white community and the Navajos and issues of 

education and political empowerment were not specifically addressed. In its 2004 

community forum, the Committee gave serious attention to these issues, particularly 

education. Representatives from the four public school districts serving the Farmington 

community spoke to the Advisory Committee and a number of individuals from the 

general public also expressed their concerns about education initiatives with respect to 

the American Indian community. 

Education

Four major public school districts serve the Farmington area: Farmington, Central 

Consolidated, Aztec, and Bloomfield. Farmington is the largest of the four districts, with 

an enrollment of 10,055 students; whites and American Indians are 47 and 29 percent, 

respectively, of total enrollment.1

 It ranks fourth in the state in the number of American 

Indian students. The Aztec and Bloomfield districts are smaller districts with total 

enrollments of 3,229 and 3,178, respectively. American Indians are about 12 percent of 

all students in the Aztec district, and 35 percent of the student population in the 

Bloomfield school district.2

 The Central Consolidated District No. 223 (CCD) is located

both on and off the Navajo Reservation and has 6,926 students, of whom 6,148 (88 

percent) are American Indian and 4,125 (60 percent) are English language learners.4

 (See

figure 3). 

 

1

 School Year 2003-04, New Mexico Department of Education, www.ped.state.nm.us. 2

 Ibid. 3

 Central Consolidated School District No. 22 website: http://www.centralschools.org/AboutCCSD.html, 

(last accessed on 6/2/05). 4

 Presented exhibit, from Linda Besett, community forum, Farmington, NM, Apr. 30, 2004. 

35
Figure 3—Total Enrollment and American Indian Enrollment for Central Consolidated District No. 22, 

Farmington, Bloomfield, and Aztec School Districts, 2003-04 School Year

0

2000

4000

6000

8000

10000

12000

Consolidated

Farmington

Bloomfield

Aztec

Total Enrollment Am. Indians

Source: Central Consolidated School District and New Mexico Department of Education.

CCD has the most American Indian students of any school district in the state, and was 

the subject of a recent investigation by the Office for Civil Rights (OCR), U.S. 

Department of Education, for failing to provide adequate educational support for students 

with limited-English proficiency. In 2003, OCR investigated a complaint against CCD, 

alleging the district discriminated against students on the basis of national origin and race 

and that the district failed to provide adequate educational services to students with 

limited-English proficiency. The district acknowledged its non-compliance and resolved 

the complaint with OCR agreeing to ensure all newly enrolled students are assessed for 

English proficiency, and also agreeing to ensure an appropriately qualified staff to 

provide ESL/ELD instruction.5

 (The Resolution Agreement between the Central 

Consolidated District No. 22 and the Office for Civil Rights, U.S. Department of 

Education, is appendix B of this report). 

Student Achievement

To measure student achievement, New Mexico administers the TerraNova assessment in 

grades 3 through 9. The TerraNova is a national, norm-referenced examination. The test 

results show how well students in New Mexico are performing in comparison to students 

nationwide and indicate whether they are meeting grade level standards in language arts, 

reading, and mathematics. The goal is for all students to meet or exceed grade level 

standards on the test. 

Central Consolidated School District No. 22 has more American Indian students than the 

other three Farmington area school districts combined, 6,148. The academic performance 

for the American Indian students in the consolidated district is troublesome. In the 2003 

 

5

 U.S. Department of Education, Office for Civil Rights, Case No. 08031201, November 2003. 

36
school year, less than 2 percent of the fourth grade American Indian students read at an 

advanced or proficient level, whereas nearly 20 percent of the white students in the 

district are reading at a proficient level. Similarly, in math, only 3 percent, just 3 in 100, 

of the American Indian children perform at an advanced or proficient level, compared to 

13 percent of white children. Moreover, the American Indian children in the district 

perform poorly as a group compared to children throughout the state. In reading, fourth 

grade American Indian children perform at the 32nd percentile, and in math their 

performance on state assessments is at the 28th percentile. 6 (See table 10).

Table 10—Reading and Mathematics Achievement, 4th Grade Students, Central Consolidated School District 

No. 22, New Mexico, 2003 School Year 

Percent 

proficient or 

advanced 

State percentile rank 

Reading 

 American Indian 1.9% 32.1

 White 19.5% 34.5

Mathematics

 American Indian 3.0% 28.3

 White 12.8% 30.9

Source: Central Consolidated District No. 22.

Under the No Child Left Behind (NCLB) Act7

, schools are expected to make annual 

yearly progress (AYP) to ensure that all children meet performance standards.8

 NCLB

and New Mexico state statutes require an accountability system for the annual rating of

all public schools. Adequate yearly progress for grades 4, 8, and 11 is calculated based on 

the results of standards-based assessments administered in grades 4, 8 and 11.9

 Based on 

this criteria, half of the regular elementary schools in Central Consolidated School 

District No. 22 and two of the three schools in the Bloomfield School District were not 

meeting AYP standards. (See table 11). 

Linda Besett, superintendent, Central Consolidated School District No. 22, acknowledged 

the low performance, telling the Advisory Committee that in the Central Consolidated 

School District, “seven of our 17 schools are in corrective action. Those seven schools 

are on the reservation, but we also have schools on the reservation that are not corrective 

action schools. In fact, we have four schools that are not corrective action that are located 

on the reservation.”10 Superintendent Besett also provided data on dropout rates for 

grades seven through 12, noting that they were a little higher than the overall rate in the 

state of 5.3 percent.11

 

6

 Presented exhibit, from Linda Besett, community forum, Farmington, NM, Apr. 30, 2004. 7

 Public Law No. 107-110, 115 Statute 1425 (2001) (codified as amended in scattered sections of 20

U.S.C.). 8

 Title X of the No Child Left Behind Act, the Native American Education Improvement Act of 2001, 25

U.S.C. § 2001 (2005), specifics reforms in the area of accreditation, accountability, recruitment of Indian 

teachers, and construction of Indian schools. 9

 New Mexico State Department of Education, New Mexico Public School Accountability System, A User’s 

Handbook, Fall 2003, at www.ped.state.nm.us/div/ais/assess/sl/accountability.workbook.users. 10 Testimony of Linda Besett, Farmington Transcript, pp. 270-77. 11 Ibid. 

37
Harry Hayes, superintendent of the Bloomfield School District, told the Committee that 

minority students, including American Indian students, continue to show improved 

achievement in math, reading, and language and that students in the lowest scoring 

percentiles are declining each year.12

Table 11—New Mexico Public Education Department, Regular Elementary Schools, Status 2003-2004

Designation Ratings, NCLB 

District/School Status Designation 

Aztec 

 Lydia Rippey Meets Standards

 McCoy Avenue Meets Standards

 Park Avenue Probationary

Bloomfield 

 Blanco Meets Standards

 Central Primary Probationary

 Naaba Ani Probationary

Central Consolidated 

 Eva B. Stokely Meets Standards

 Grace B. Wilson Meets Standards

 Kirtland Meets Standards

 Mesa Meets Standards

 Naschitti Probationary

 Nataani Nez Probationary

 Newcomb Probationary

 Nizhoni Probationary

 Ojo Amarillo Probationary

 Ruth N. Bond Meets Standards

Farmington 

 Animas Meets Standards

 Apache Probationary

 Bluffview Meets Standards

 Country Club Meets Standards

 Esperanza Probationary

 Ladera Del Norte Meets Standards

 McCormick Meets Standards

 McKinley Meets Standards

 Mesa Verde Meets Standards

 Northeast Meets Standards

Source: New Mexico State Department of Education.

Tom Sullivan, superintendent, Farmington Municipal Schools, reported that there is a

wide achievement gap between Native American students and Hispanic students and the 

more affluent Anglo American students. But he also pointed out that the American Indian 

students in the district have always performed slightly higher than American Indian 

students in the rest of the state. About the higher performance rates, Sullivan said: 

I think (the higher performance for American Indians in the Farmington district) may be 

partially due to the fact that so many of the (American Indian) families live in town and 

do not face the same challenges of distance and travel . . . . . Nonetheless, the 

 

12 Testimony of Harry Hayes, Farmington Transcript, pp. 278-81. 

38
performance is still beneath the level that we intend it to be and we are redoubling our 

efforts to correct that fact. I think we have turned the corner and we are starting to see the 

kinds of results that (we want).13

Tina Deschenie told the Committee that she has been a resident of Farmington for over 

twenty years and has children in the Farmington school district. 

I am very satisfied with the education that my children have received here in the 

Farmington public school systems, but I do want to comment that I have a daughter now 

in high school who had a Navajo teacher when she was in kindergarten and none since 

then. I have another daughter who’s in middle school and she had a Navajo teacher in 

elementary and none since then. So there are very few Navajo teachers in the Farmington 

school system, although there are a few thousand Navajo students in our local school 

system. Ms. Deschenie also noted that she is a member of the district’s Indian Education 

Committee (IEC) and in that capacity does have some opportunity to provide input on 

services provided to Indian students.14

Superintendent Besett was forthcoming to the Advisory Committee about special 

problems facing the district, including relations between the school board and the Indian 

Education Committee.15 She said that transportation and language barriers were two 

serious problems, but also referred to several successful special initiatives. Besett gave

her perspective about the Indian Education Committee and its disputes with the school 

board, attributing much of the discord to a power struggle within the Committee itself. 

Probably one of our biggest challenges is unpaved roads and unimproved roads. We have 

210,634 miles traveling on unimproved roads with our buses. We operate 75 buses and 

transport 5,482 students. (The district) does have a bilingual program in every one of its 

schools. There are 17 schools and each school does have a bilingual program, both 

Spanish and Navajo programs. (As to supplemental services, there is) an in-home tutoring 

program, and tutors actually go to the homes and tutor the young people up to two nights 

a week. This is a choice program and parents let us know if they are interested in that 

service. The district also has 11 preschool programs that are funded through various 

federal sources because (the district) feels strongly about preschool education and early

intervention. 

(The district’s) Indian Education Committee does keep its by-laws and its policies and 

procedures up to date on the district level. They have always been submitted on time and 

revised on a regular basis. I believe there is a power struggle (within the Committee) and 

I'm not sure each of the individuals understands his or her role. We had a meeting with 

the Indian Education Committee, but we have struggled having full attendance and (full) 

membership. I believe there are up to ten members on that committee now, but most of 

the year we operated with five or six attending the meetings. We want more parental 

involvement. We do not want two or three members making decisions. We want a 

quorum present for the decision-making.

 

13 Testimony of Tom Sullivan, Farmington Transcript, pp. 282-89. 14 Testimony of Tina Deschenie, Farmington Transcript, p. 177. 15 The Indian Education Committee is established pursuant to 25 C.F.R. § 273.15 (2005).

39
Back in the fall of last year we actually had a mediator come in and mediate a meeting 

between the Indian Education Committee and the Board of Education. One item had to 

do with the Johnson O'Malley application.16 For years, half of seven counselors’ salaries 

have been paid from the Johnson O'Malley money. Those were removed and not being 

fully funded through the state, the salary increases in various programs that were

required. We have asked that this year the district operation budget absorb three of those 

positions and then next year we'll transition.17

Education Concerns Expressed by the American Indian Community

Various individuals from the Native American community told the Advisory Committee 

of their concerns concerning public education. Bilingual education and cultural 

instruction as well as resistance from some school board members to input from the 

community were the two most significant concerns expressed. Others were critical of the 

resources provided to educate Native children. 

Still other speakers bemoaned the lack of Indian faculty in the public schools. In the 

Central Consolidated School District, 26 percent of the faculty (131 of 511 teachers) is 

American Indian.18 Superintendent Hayes of the Bloomfield School District told the 

Advisory Committee that about one-third of the district’s employees were minority, and 

two of the five board members were minority. Superintendent Sullivan noted that 6 

percent of the Farmington School District’s teachers were Native American, exceeding

the state average twelve-fold, yet that 6 percent of Native American teachers is still very 

much not representative of the percentage of Native students that we are serving. 

Larry Emerson, presenter with the Navajo Leadership panel at the community forum, told 

the Advisory Committee: 

There's a pattern with the (Central Consolidated) board where two board members 

especially want to . . . suppress dissenting voices from the community. There (is also) a 

state agency operating inside the Navajo Nation in which they've created a state apparatus 

to do whatever they want with Native children and not really provide meaningful input 

from the Native community.19

Hoskie Benally iterated similar concerns about the struggle by the Navajo community 

with school officials trying to obtain quality education opportunities for their children. 

(The Navajo community) has been in a long struggle with Central School District for 

about a year and a half now trying to make sure that our Navajo youth get the entitlement 

of their rights to bilingual education and cultural instruction. But we have been 

experiencing just the opposite in the school district. The whole thing began about a year 

and a half ago when the school board president made remarks and tried to blame and 

scapegoat bilingual education as the reason for low reading scores in the school district.20

 

16 25 C.F.R. §§ 273.11-273.29 (2005). 17 Testimony of Linda Besett, Farmington Transcript, pp. 270-77. 18 Presented exhibit, from Linda Besett, community forum, Farmington, NM, Apr. 30, 2004. 19 Testimony of Larry Emerson, Farmington Transcript, pp. 161-66. 20 Testimony of Hoskie Benally, Farmington Transcript, pp. 167-68. 

40
 

Duane Yazzie, Shiprock Chapter president, offered the following perspective: 

Then there are the do-gooders who apparently cannot or will not comprehend the notion 

that we as Navajo people understand our world, our needs, and our aspirations. I refer to 

the Central Consolidated School District leadership who, unfortunately, exhibit the 

unfounded notion that only they know what is best for us. I do not suggest that this 

constitutes racism, only that it smacks of blatant disregard for the wishes of the 

community that it purports to serve.21

Harry Descheenie, chairperson for the Indian Education Committee for Central 

Consolidated Schools, also described conflicts between the Native community and the 

school board. 

The conflict that we've been having has boiled to the extent to where we've had to have 

certain hearings. The Civil Rights Commission (New Mexico Advisory Committee 

subcommittee) has come before to Shiprock to have an open hearing, and then the Indian 

Legislative Committee has also come to Shiprock to have these open meetings. And the 

result of those hearings was that the administration of CCSD, the board members, the 

Indian Education Committee, and the community needed to have a mediation meeting. So 

on November 17, we did have a mediation meeting and we did agree upon three items, 

and this that I have is the Central Consolidated School District Mediation Report on that 

item there. And the thing that we did agree upon, the Indian Education Committee would 

function as one and then the others, the board would give the charge to the Indian 

Education Committee to work on a long-range bilingual education plan to preserve the 

Navajo language .... But they're reneging on their agreement is what it is, and it's not 

going very well. A lot of the things that are being done are obviously in the wrong, I feel. 

Also in Title VII, which is a Government program, that has—that requires an IEC 

signature and that never came to the IEC. It was never presented to us, but the application 

was sent to Washington already and they already got it and we wondered, ‘How in the 

heck did that happen?’ The needs assessment that was sent out, the Code of Federal 

Regulations—C.F.R. 25 of Johnson O'Malley clearly indicates that the Indian Education 

Committee are the ones who are supposed to do the needs assessment.22 The needs

assessments were done, did pass—by the board—and it became law practically, but we 

never even had any input, the IEC. We never saw it. So we objected to it.23

Senator Tsosie remonstrated that “like” does not mean “equal” when it comes to 

education. Providing services that are alike does not imply providing services that are 

equal as some individuals require additional resources and services. 

 

21 Testimony of Duane Yazzie, Farmington Transcript, pp. 39-43. 22 25 C.F.R. § 273.16(b)(2) (2005). The organizational papers and by-laws of the Indian Education 

Committee may include additional powers and duties which would permit the Committee to make an

annual assessment of the learning needs of Indian children in the community affected. Article III-Powers

and Duties of the By-Laws of Title VII Indian Education Committee of the Central Consolidated School 

District No. 22 provide that the powers and duties, include among others, to “participate in the planning,

development and evaluation of programs through an annual assessment and conducting program

monitoring visits.” See http://www.centralschools.org/BOARD/Archives/2005?May/item29/pdf. 23 Testimony of Harry Descheenie, Farmington Transcript, pp. 187-95. 

41
We have to understand that Native children and non-Native children or non-Indian 

children cannot be treated the same. It's just a necessary thing that we have to employ

more dollars within Native districts because of the cultural and the language differences 

and also because of the ruralness and because of the transportation concerns and many

other things. 

Yet arguments are made that we cannot discriminate between non-Indians and Indians 

and so we give the same dollar for both. But in the implementation of those policies, 

Native children are discriminated against because there are less dollars to implement the 

programs (necessary) to help them achieve. 

I am aware that in our state school districts there are Indians programs and school 

programs (funded) with federal dollars. And there are certain requirements to get those 

dollars, and (one of those) is that there is supposed to be consultation with the tribes. But 

we have found that that is not happening between the school districts and the tribal 

governments or tribal people. Instead, to try to get the money, some of the school districts 

just were sending old copies of Indian Policies and Procedures to the Department of 

Education and then our trustee in Washington, D.C., was blindly taking it and releasing 

the checks to the school districts without truly understanding the impacts and the lack of 

services to Native American children.24

Descheenie also expressed the concern that there were too few Indian teachers, and the 

few that are in the school systems are only in the elementary schools. In addition, the 

Navajos that are teacher assistants may soon be forced out of the schools because of the 

No Child Left Behind provisions. 

There are very few Navajo teachers in the middle and high schools. And, again, as I said 

before, the majority of the Indian teachers are primarily at the elementary school levels. 

The Navajo language teachers in the local public school systems are largely Navajo 

women. These Navajo language teachers are not supported in the school systems and are 

subjected to abuse in many forms, including that they're the ones who are required to 

pursue course work over and above that required of regular subject area teachers. The 

education assistants, who are primarily Navajo women, are now being told that they must 

become highly qualified according to the No Child Left Behind requirements in a very

short time frame and they are also the ones, as mentioned this morning, who receive very 

low pay.25

It is significant to note that the State of New Mexico enacted its own Indian Education 

Act in 2003. The key provisions of the Act are as follows: 

(1) The establishment of an Indian Education Division within the New Mexico 

Department of Education to provide assistance to school districts and tribes to 

meet the educational needs of American Indian students. 

(2) The establishment of the Indian Educational Advisory Council, with a 

representative of each tribe in the state, to advise the Indian Education 

Division. 

 

24 Testimony of Leonard Tsosie, Farmington Transcript, pp. 62-88. 25 Testimony of Harry Descheenie, Farmington Transcript, pp. 187-95. 

42
(3) Preparation of an annual status report on American Indian education which 

will includes (a) student achievement measured by a statewide test; (b) school 

safety; (c) school dropout rate; (d) attendance; and (e) parent and community 

involvement. 

(4) Creation of the Indian Education Fund with initial funding of $3.5 million to 

support improvement in American Indian education.26

Housing 

In 1974, housing conditions for the Navajos were deplorable, both on and off the 

reservation. Many Navajo dwellings lacked indoor plumbing, electricity, refrigeration,

and telephones. Domestic and agricultural water supplies for the more remote areas on

the reservation were usually obtained from shallow wells, windmills, and ponds provided 

by the Bureau of Indian Affairs or the Public Health Service. Kitchen facilities were

virtually non-existent on the reservation.27

Housing conditions for American Indians on reservations have not measurably improved 

in the two decades since. The census reported in 1995 that nearly one in five (18 percent) 

American Indian households on reservations was severely crowded. Severely crowded 

means that there are more than 1.5 persons per room. The comparable figure for the 

nation as a whole was 2 percent.28

Several speakers stressed that poor housing conditions are still a part of life for many 

American Indians in the Farmington community. Ray Begaye told the Advisory 

Committee that housing discrimination encountered by the Navajos is a serious and 

ongoing problem that needs to be addressed. 

Native people across the United States are encountering housing discrimination today.

Nearly one of three Native Americans face discrimination when trying to rent a home, an 

apartment, a rate higher than any other minority group. According to the study conducted 

for the Housing and Urban Development Department by the private Washington-based 

Urban Institute, Native American renters were discriminated against more than 29 

percent of the time. The Urban Institute also further produced a finding that they had 

done some testings on tribal land in three states, particularly New Mexico, Montana, and 

Minnesota.29 This housing discrimination continues to exist today in some of the border 

communities.30

Steve Grey not only decried the housing conditions for Navajos in the Farmington 

community, but also pointed out the tragic irony that not only has the local Indian 

 

26 2003, 2004 N.M. STAT. ANN. §§ 22-23A-1-23A-2. 27 The Farmington Report, p. 43. 28 U.S. Census, U.S. Department of Commerce, “Housing of American Indians on Reservations,” Feb. 7,

1995. An updated report has not been released as of this report’s release. 

29 Go to http://indiancountry.com?content.cfm?id=1070388320 to see article discussing study. 30 Testimony of Ray Begaye, Farmington Transcript, pp. 44-49.

43
community lost claims to their water rights, but they are the ones most often lacking 

essential plumbing. 

Another is the water issue in the area. Here, city officials and community leaders have 

been very clear in stating their position on why the Navajos should not claim their water. 

Never mind that Navajos have done without running water for decades. Look right across 

the river here and you will see families still hauling drinking water for their purposes.31

 

31 Testimony of Steve Grey, Farmington Transcript, pp. 105-14. 

44
Chapter 6 

Political Empowerment 

Arguably, the most important civil rights issue is the protection of the right to vote. 

Nevertheless , the franchise has been denied to many groups throughout the nation's 

history, most notably including African Americans, women, and American Indians. In the 

two decades following the end of the Revolutionary War, various criteria were 

established for voting participation and of the more than 2 million free Americans at the 

close of the Revolutionary War, only 120,000 could meet the voting requirements 

established by individual states at that time. 

It was not until 1924 that all Native Americans were granted citizenship with the passage 

of the Indian Citizenship Act,1

 which allowed American Indians to vote in national 

elections. However, well past 1924, several states with sizeable American Indian 

populations prohibited Indians from voting in local elections. It was not until 1948 that a 

three-judge court held in Santa Fe that New Mexico’s constitutional provision barring 

“Indians not taxed” from voting is “discrimination on the grounds of race” and violates 

the U. S. Constitution. And the state of New Mexico did not extend the vote to Native 

Americans until 1962.2

In New Mexico, the right to vote of Indians was prohibited based on Article VII, 

paragraph one of the New Mexico Constitution, which read as follows: 

Every male citizen of the United States, who is over the age of 21 and has resided 

in New Mexico twelve months ... except idiots, insane persons, persons convicted of a 

felonious or infamous crime unless restored to political rights, and Indians not taxed, 

shall be qualified to vote .... 

"Indians not taxed" referred specifically to reservation Indians, though it's unknown 

whether any Indians living off reservations had voted. 

In 1948 Miguel Trujillo, a member of the Isleta Pueblo Indians lobbied for a repeal of the 

state law prohibiting American Indians to vote. Trujillo decided to take matters into his 

own hands and marched into a polling site in Los Lunas to cast what he knew would be 

an illegal vote. The Valencia County recorder turned him away, citing that the New 

Mexico Constitution prohibited American Indians who did not pay taxes from voting. 

Trujillo asked for an injunction from the state to restrain the recorder. His case found its 

way to a special, three-member federal panel of judges. 

On August 3, 1948, the United States District Court for the District of New Mexico, in an 

unpublished decision in the case Trujillo v. Garley, No. 1350, voided New Mexico 

Constitution’s provision disfranchising “Indians not taxed.” This ban, the court found, 

contravened the 14th and 15th amendments to the U.S. Constitution, being discriminatory 

on account of race. 

 

1 Public Law No. 68-175, 42 Stat.253, codified at 8 U.S.C. § 1401 (b) (2005). 2

 See Native American Rights Fund, www.narf.org/pubs/faqs.html. 

45
Also in 1948, the U.S. District Court in an unpublished decision in the case of Bowman 

v. Lopez, No. 1391, ordered the county clerk of McKinley County to register all Navajo 

Indians and not to exclude them by reason of being residents on the Navajo Reservation. 

In 1962, the New Mexico Supreme Court in Montoya v. Bolack, 372 P.2d 387 (N.M. 

1962), determined that for voting purposes, nothing exists in the New Mexico 

Constitution or statutes prohibiting an Indian from voting in a proper election, provided 

he fulfills the statutory requirements required by any other voter and that polling places 

can be located on the reservation. 

To counter voter discrimination, Congress passed a series of civil rights laws in the 1950s 

and 1960s culminating in the 1965 Voting Rights Act.3

 The 1965 Voting Rights Act, 

though originally enacted to prevent the disenfranchisement of African Americans, has 

had significant implications for Indian voting. When the Act was renewed in 1975, 

Congress inserted a provision designed to provide bilingual ballots and voter assistance at 

the polls for linguistic-minority voters, 42 U.S.C. § 1973 (f) (2) (2005). 4 For purposes of 

the Act “language minorities” or “language minority group” means persons who are 

American Indian, Asian American, Alaskan Natives or Spanish, 42 U.S.C. § 1973l (c) (3) 

(2005). Under the 1982 amendments to section 2 of the Voting Rights Act, there is a 

prohibition on any "standard, practice, or procedure ... which results in a denial or 

abridgement of the right of any citizen of the United States to vote on account of race or

color," 42 U.S.C. § 1973 (a) (2005). The amended section 2 is interpreted as initiating a 

disparate impact test in districting cases. See, e.g. Thornburg v. Gingles, 478 U.S. 30 

(1986). 

Perhaps the most predominant method of vote dilution today is the misuse of at-large 

elections. Under these types of systems, the majority of the residents in a given district 

can prevent minority voters from electing representatives of their choice if the majority 

votes as a bloc. Problems of vote dilution have also developed in connection with 

reapportionment plans. In 1982, a New Mexico court found in Sanchez v. King that the 

state's reapportionment plan violated the one-person, one-vote rule and ordered the state 

to redraw its districts.5

 Two years later, in response to Indian and Hispanic claims that the 

new scheme unlawfully diluted minority voting strength, the court imposed its own 

redistricting plan so as to bring the state into compliance with the requirements of the 

Voting Rights Act.6

 

3

 Voting Rights Act of 1965, Public Law No. 89-110, 79 Stat. 437 (codified as amended at 42 U.S.C. §§

1973-1973bb-1 (2005)). 4

 Applicable jurisdictions include those that: (1) the Census Bureau determines that 5 percent of the 

jurisdiction’s voting age citizens are of a single language minority; and (2) the illiteracy rate in English of

the language’s minority is greater than the national English illiteracy rate. Illiteracy is defined as failure to

complete the 5th grade. 5 Sanchez v. King, 550 F. Supp. 13 (D.N.M.) aff’d 459 U.S. 801 (1982). 6

 Evans, Suzanne E., Voting, Encyclopedia of North American Indians, University of California at 

Berkeley, college.hmco.com/history/readerscomp/naind. In 1984, the court in Sanchez vs. King held that

the New Mexico state legislative redistricting plan discriminated against American Indians. Sanchez v.

King, C.A. No. 82-0067-M (D.N.M. 1984). 

46
New Mexico, with American Indians comprising 10 percent of the state’s population, has 

the third largest percentage of American Indians of all states. However, American Indians 

are underrepresented in statewide offices in New Mexico. Though American Indians are 

10 percent of the state’s population, of the 13 elected officials in the Executive Branch, 

only one is American Indian.7

 In the New Mexico Senate, only 2 of the 42 senators (4.8 

percent) are American Indian,8

 and only 3 of the 70 representatives (4.3 percent) in the 

House of Representatives are American Indian.9

The two highest state courts in New Mexico are the Supreme Court and the Court of 

Appeals. Both are elected by the entire state. Of the 5 judges of the Supreme Court and 

the 10 judges of the Appellate Court, each of whom serves an 8-year term, none are 

American Indian. 

Table 12—American Indian Representation in State Government 

Total Am. Indian Percent

Executive Branch 13 1 7.7% 

State Senate 42 2 4.8% 

House of Representatives 70 3 4.3% 

Supreme Court and Court of Appeals 15 0 0.0% 

Source: New Mexico Legislative Secretary of State. 

Senator Tsosie expressed his concerns about the lack of American Indians in elected 

office and voter dilution practices in New Mexico. 

Political participation by Native Americans is still sparse, as it is for the whole country. 

In New Mexico, there are no U.S. senators or congressmen. State senators and 

representatives from Farmington that are Native American are lacking. There are none, to

my knowledge. There is, to my knowledge, no mayor of Native American descent that 

has ever been elected or a city councilmember, even though the number of Native 

Americans voting population has somewhat been coalesced in a certain way and we try to 

help them but it's still not there. 

The lack of support for Native candidates in terms of dollars also is used in this effort to 

discriminate. When you don’t have the dollars, you don’t get elected. 

The Voting Rights Act was adopted for a purpose, and it is to encourage minority 

participation and for their voting protection. And now it has turned around to pretty much 

be a reverse discrimination argument. But we see the actual employment of dummy

candidates to split the vote. That is a (Native) candidate who is put up against another 

Native candidate that will most likely be elected and so, therefore, assure no election of 

Native Americans. And we see some of that happening.10

 

7 The 13 offices are: governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general, 

commissioner of public lands, and five commissioners of the Public Regulation Commission. Lynda 

Lovejoy represents District 4 of the Public Regulation Commission. 8

 John Pinto (D-McKinley & San Juan-3) and Leonard Tsosie (D-Bern, L.A., McKinley, Sandoval-22). 9

 Ray Begaye (D-San Juan-4), Irvin Harrison (D-McKinley & San Juan-5), and James Madalena (D-Bern, 

McKinley, R.A., & Sandoval-65). 10 Testimony of Leonard Tsosie, Farmington Transcript, pp. 62-88. 

47
Grey told the Advisory Committee, with respect to changes in discrimination and 

prejudice within the Farmington community in the past 30 years, that the lack of 

representation by American Indians in positions of civic and public leadership is a 

measure of just how little progress has really occurred. 

I grew up in a community west of Farmington called Kayenta. It is deep in the heart of 

the Navajo Nation. I currently work in Shiprock, New Mexico. Growing up in the '60s 

and in the '70s, my family would come to Farmington like other Navajos for goods and 

services. At that time, we all experienced the hostile environment the community had 

toward Native Americans. No non-Native can ever say, I understand, because they never 

really felt and never will feel what our people have found since that period. You've asked 

if change—you asked if change has happened since the early 1970s? Consider that 

question by looking at the numbers. Each community's pillars are those that are elected as 

well as those that serve in the government structure. If one looks at those positions in the 

local government, you will find very few Native Americans in key administrative and 

managerial positions are still filled with few, if any, Native Americans. It doesn't matter 

if you look at the county, the city, or even local institutions. You will still find very few 

Native Americans in high-level, decision-making positions. After 30 years, you would 

think the local governments would have made great progress in this area.11

 

11 Testimony of Steve Grey, Farmington Transcript, pp. 105-14. 

48
Chapter 7 

Public Testimony—A Summary 

During the evening session of the Advisory Committee’s public forum, 33 individuals 

took advantage of the opportunity to address the Committee. Their remarks were 

transcribed and are part of the formal record of the proceedings. Many of the statements 

made at this open session contain allegations of discrimination and unequal treatment.1

Several individuals also submitted written statements to the Committee following the 

forum. It is important to note that the Committee was not in a position to validate or 

confirm the allegations presented during the public testimony period, or in the written 

submissions. The statements are attributable only to the individuals who provided the 

information. 

The following is a brief summary of some of the concerns raised during the public 

session, and in the written submissions. 

1. The most frequent statements alleged improper conduct by law enforcement 

agencies. The allegations included: improper stops, racial profiling, intimidation, 

harassment, abusive treatment or use of excessive force; racist or prejudicial 

statements by officers; wrongful arrests; unsolved crimes involving Native 

American victims; and mistreatment during incarceration and jail conditions. The 

judicial system was also criticized for unfairness, inefficiency, and lack of Native 

American personnel and Navajo language competency. 

2. Several individuals testified that they have experienced employment 

discrimination. The charges include: not hiring Native Americans, or hiring them

only in low-level, service positions; lack of advancement to managerial or 

supervisory positions; and disparate treatment of employees, with Native 

Americans subjected to harsher conditions, greater discipline, lower wages, and 

longer hours. Some persons alleged that the larger energy-related companies 

discriminate against Native Americans, and sometimes do not honor collective 

bargaining agreements or Indian preference provisions. 

3. Several speakers expressed their belief that they have been victims of public 

accommodation discrimination. Most common were allegations of disparate and 

discriminatory treatment by business establishments, including restaurants and 

hotels. 

4. The Committee heard from several persons who believe that harassment of Native 

Americans by white persons, especially youth, is a continuing practice in 

Farmington. This includes acts of ethnic intimidation; threats of physical violence, 

assaults, and other potential hate crimes. 

 

1

 Testimony, Farmington Transcript, pp. 339-452. 

49
5. There were many complaints alleging unscrupulous business practices, often 

related to auto and mobile home sales. The terms and conditions of sales 

contracts, excessive interest rates, predatory and unfair lending practices, 

including “pay day” loans and other financial arrangements were also cited. In 

many cases, persons stated that they were not fully informed or aware of the 

contracts they had signed. Language and cultural barriers were cited as 

contributing to this problem. 

6. Allegations were made that the local college hired few minority staff in higher 

level positions; failed to support incumbent minority staff; and Native American 

students were not encouraged or provided sufficient support services. 

7. There were allegations that the local detoxification center discriminated against 

Navajos in employment and treated its Navajo clients in an insensitive, and 

inappropriate manner. 

8. Several individuals addressed the problems at the Central Consolidated School 

District. There was both support and criticism expressed for the school district 

superintendent. 

9. Insufficient mental health resources and culturally-competent health providers for 

Native Americans were mentioned by several individuals. 

10. Several persons alleged inadequate enforcement of state laws governing alcohol 

sales, and noted the ready availability of alcohol in the community. 

Ramona Tewa, whose brother was the fatal victim of an unsolved crime in Farmington, 

summarized her remarks before the Advisory Committee: 

The problems of racial profiling in this community are far too common and almost 

accepted by the silent, passive Native American Indian. The statement “drunk Indian” 

isn’t acceptable and should no longer be tolerated. 

Although the national consensus is the Indian is viewed as poor and drunk, the complex 

and long history between Indians and whites are open wounds that have never healed. 

The contemporary Indian versus the traditional Indian, but both being displaced, it has 

become a social problem. We are faced with socio-cultural and socioeconomic 

breakdowns. 

We have to live among you. We have to progress sufficiently to compete in the modern 

world. Therefore, we must shop, live, work; learn along with the rest of you, along with 

the rest of the world. . . . I refuse to be shut out of the American dream. If we can’t accept 

and face the problems of racial discrimination against American Indians in our 

community, then how can we solve and remedy these problems? They then lead to fatal, 

unwanted circumstances. If we can’t face these problems, then is there no solution to our 

50
demise? Can we not bridge a new system, a resolution between the American Indians and 

Anglos? Are we too stubborn and ignorant to change?

2

 

2

 Testimony of Ramona Tewa, Farmington Transcript, pp. 397-98. 

51
Chapter 8 

Committee Observations (With Conclusions and 

Recommendations) 

The New Mexico Advisory Committee to the United States Commission on Civil Rights 

is pleased to report that it found significant progress in race relations between Navajos 

and whites in Farmington during its recent investigations and hearings. In 1975, the 

Committee found that "many elected officials in Farmington--as well as civic, business 

and professional leaders--have generally failed to assume a sense of active responsibility 

for promoting positive and productive relationships." 

In contrast, during staff and Committee visits to the area in 2003 and 2004, including a 

full public forum on April 30, 2004, the Committee noted that much of the leadership in 

Farmington--political, civic, business and professional--was engaged in promoting 

positive relationships with Native Americans and with the Navajo Nation. There was 

recognition of the value of Native Americans to the commercial and cultural vitality of 

the community. 

While, clearly, racist attitudes persist among some of its citizens, there is new leadership 

in Farmington that is concerned about the future. The importance of the hugely successful 

San Juan College cannot be overestimated. This major educational resource provides a 

setting for improved economic, social, and cultural progress, and for bringing together 

diverse populations in a manner that will promote multicultural harmony. The San Juan 

County Regional Medical Center is another major institutional resource that can play a 

significant role in addressing health issues affecting urban Indians, and bridge the divide 

between tribal health and other healthcare resources. 

The college and medical center are large, dynamic institutions that directly affect many 

citizens of Farmington and the Four Corners region. Therefore, their presence and the 

leadership they provide are of great importance. 

The Advisory Committee also found the local newspaper, the Farmington Daily Times, to 

be providing a major contribution to changes in community attitudes and multicultural 

understanding. The publication’s extensive coverage of news from the Navajo 

Reservation, and attention to educational and race-relations issues in the region, has 

served to better inform and educate. The Committee appreciates the cooperation received 

from Keith Haugland and Barry Heifner, publisher and editor, respectively. The paper’s 

seven-part series preceding the public forum provided an important and well-balanced 

perspective of race relations over the past thirty years. 

The Advisory Committee is grateful for the cooperation that it received from many key 

leaders in Farmington, most especially Mayor William Standley. The mayor’s 

enlightened attitudes and sincere devotion to the betterment of his constituency, including 

Native Americans, the homeless and other disenfranchised communities, is one of the 

52
critical factors that differentiated the Advisory Committee's current assessment from 

prior visits. 

His personal commitment to the Tótah Behavioral Health Authority’s Farmington 

program is a testament to his genuine concern. The Tótah program, is an alcoholic 

treatment program that incorporates Diné (Navajo) philosophy and ideals. Employing 

traditional counseling and healing practices, it is a unique and successful approach to 

addressing the problems of alcoholism that have ravaged Native Americans. It is a 

program that needs to be greatly expanded and could serve as a model for the nation. 

The mayor has also improved white-Navajo relations by aggressively reaching out to 

Navajo chapter houses and communities beyond the city limits of Farmington. 

The mayor’s counterpart in Shiprock, Chapter President Duane "Chili" Yazzie (one of the 

young Navajo leaders of the 1974 march on Farmington) also provided much valuable 

support to the work of this Committee. Mr. Yazzie was found to be a significant political 

leader in the region, and his positive relationships with other non-tribal officials, 

including Mayor Bill Standley, are critical to the continued improvement in race 

relations. 

The Advisory Committee also noted many business owners have improved customer 

relationships with their Native American clients. There is recognition of the economic 

importance of this customer base. More businesses are also hiring Navajos, although 

usually in lower-level positions. 

The Better Business Bureau and the Chamber of Commerce in Farmington have 

programs to improve business and consumer relations. Unfortunately, there are few 

Navajo-owned businesses in Farmington and this limits the success of some of these 

well-intentioned initiatives. The Committee suggests that both the bureau and the 

chamber hire at least one Navajo employee. 

The Committee commends the efforts of the Farmington Indian Center, and its director, 

Edward Smiley. The center serves a valuable purpose as a meeting place for Indians who 

visit the city. However, many more services could be provided at the center, including 

expanded consumer education and counseling, and programs for youth and seniors. The 

center needs additional funding support from the city and should also seek resources from

the business community and other institutions that benefit from its existence. 

The Advisory Committee was pleased to see that the Farmington public schools have 

made significant strides in improving the educational outcomes of Native American 

students. The superintendent demonstrated a strong appreciation for the value of Native 

American culture in the educational curriculum.

While the Committee’s focus was on Farmington, it could not escape the serious conflicts 

affecting the Central Consolidated school system in Shiprock. The district terminated 

several Native American educators, and its Indian Education Committee contended that 

53
the school board and administrators discounted its advice. The district went so far as to 

file lawsuits against at least two Navajo advocates and the Farmington Daily Times for

libel and defamation. The district’s superintendent clearly felt besieged by the criticism 

and considered it unfair. This Committee did not conduct a full investigation of the 

situation, however, we believe that a continuation of the adversarial relationship between 

key Navajo leaders and the school district leadership is untenable. Nearly 90 percent of 

all students in the school system are Navajo, and most live on the reservation. A public 

school system operating in that environment must find a way to incorporate Navajo 

culture, language, and values in order to succeed. Positive Navajo community and 

parental involvement is essential. The Committee encourages Native Americans to 

participate fully in school board elections. We also recommend that state and tribal 

education officials lend their prompt assistance to resolving the controversy, and that 

sustained mediation efforts be undertaken immediately among the key participants in the 

dispute. Furthermore, federal agencies should undertake compliance reviews to assure the 

district is meeting its obligations for federally-assisted Indian education programs. 

The Native American population in Farmington is growing rapidly, and may soon 

represent nearly 20 percent of the population. For this reason, it is important that the city 

carefully study its city council election structure, to facilitate the potential election of a 

Native American to Farmington’s city council. 

There are two Navajo members of the county commission; however, the city council has 

not had an elected Navajo member. Accomplishing this would represent an enormously 

important milestone as the city looks to its future. 

Such an achievement would be noticed far beyond the city limits, and might further 

enhance the economic and civic prospects of this dynamic northwestern New Mexico 

community. 

Invited to participate in the Committee’s forum, Native American state legislators from

northwestern New Mexico spoke with passion and knowledge of the policy issues 

affecting their constituencies. While few in number, their presence is critical to 

addressing policy at the statewide level. 

Farmington needs this voice at the city level, as do other reservation border town 

communities. It is also important that more Native Americans participate in the electoral 

process of all governmental entities affecting their lives, including school boards and 

other elective offices. 

Police-community relations continue to be a problem in Farmington and San Juan 

County. Concerns with law enforcement practices, especially as they affect minority 

communities, is a national civil rights issue. While many individuals presented 

allegations of racial profiling and other law enforcement misconduct, the Committee 

cannot determine the extent of this problem, based on anecdotal information. 

Nonetheless, the testimony reveals that there are tensions within the community, and in 

54
the region, needing attention. It was made clear by a number of speakers that they are 

apprehensive and sometimes fearful of interaction with law enforcement. 

The Advisory Committee would like to commend Michael Burridge, Farmington police 

chief, for his extensive cooperation and support. Mr. Burridge provided the Committee 

members and staff with many hours of his time and provided valuable statistical 

information. He was in attendance for the entire public forum and followed up with 

additional critical input. It is essential that chief law enforcement officials be directly 

engaged in public policy matters. It is an unfortunate reality that many Native Americans, 

many of them juveniles, get caught up in the criminal justice system. Their 

overrepresentation in detention centers, jails, and other penal institutions presents 

shocking evidence of this nation’s neglect of First Americans. This pattern repeats itself

in the detention facilities in northwestern New Mexico. 

The health care needs of Native Americans have been well documented by the U.S. 

Commission on Civil Rights in its recent report, Broken Promises: Evaluating the Native 

American Health Care System (2005). The Commission’s finding that more money is 

spent per capita on prisoner medical treatment than for Indians is unconscionable. 

Northwestern New Mexico, with its large Native American population and the presence 

of the Navajo Reservation, suffers from this neglect. As the Commission has noted, more 

resources need to be made available for the Indian Health Service, including services for 

urban Indian health needs. The problem of alcoholism looms large over Farmington, as it 

did thirty years ago. Unable to purchase alcohol on the reservation, Indians travel to 

border towns such as Farmington and often fall victim to abuse and exploitation. 

Solutions to this problem must involve tribal, state, and local governments, as well as 

educational, religious and health organizations. 

As noted above, the Tótah Behavioral Health Authority is a cutting-edge program that 

has proven successful in addressing alcoholism. It is imperative that this effort be 

expanded and supported by funding sources, including public health agencies. It is also 

important that the philosophy and practices used by this agency be transferred to other 

institutions that have a responsibility for treating Native American alcoholism.

The Committee found that alcohol is readily available for sale in Farmington where even 

convenience stores sell hard liquor. The state should carefully consider the need for 

stricter controls governing alcohol sales, and meanwhile, expand its enforcement efforts 

of present liquor laws in the Farmington area. 

The Advisory Committee heard much testimony concerning consumer discrimination. 

Detailed evidence was presented concerning predatory lending practices, payday loans, 

usurious interest rates, deceptive sales practices, misrepresentation, and other egregious 

financial arrangements. Fortunately, the Committee believes that most businesses in 

Farmington are not engaged in such practices. However, the entire business community 

should become involved in helping to weed out the offenders. Farmington derives much 

revenue from the Navajo consumer, and it is in the interest of civic and business leaders 

to create a climate that encourages fair and honest business practices. This will only 

55
expand the potential business sector opportunities in the community. Also helpful would 

be increased efforts to help recruit and support Indian-owned businesses in Farmington. 

The New Mexico Advisory Committee has long been concerned about predatory lending 

practices in the state. Usurious interest is common. Payday, title loans, and other similar 

loan arrangements prey upon the most desperate and disadvantaged populations. The 

laws and regulations governing the finance industry are weak and allow for abuse and 

exploitation. The Committee heard much testimony in Farmington regarding how this 

situation victimizes Native Americans in northwestern New Mexico, where language and 

cultural barriers combine to aggravate the impacts of unfair lending. The Committee 

would urge the legislature and governor to consider reform efforts for correcting these 

egregious lending practices. 

The Committee believes that more Native Americans need to be appointed to policymaking positions within the public and private sectors. San Juan Leadership is an 

excellent training program to develop new leadership in the region. Concerted 

recruitment efforts should be undertaken by governments at all levels to hire and promote 

Native persons into policy and decision-making positions. This includes the court system, 

public prosecutors and defenders. Other major employers, such as the college, school 

districts, medical center, energy companies, and retailers also should recruit Native 

Americans for key positions. As noted by several presenters at the forum, the Navajo 

tribal government has many experienced and professional persons in its employment. 

This could serve as a recruitment resource. 

The city of Farmington could well serve as an example by hiring Navajos into top-level 

managerial and policy posts. This would encourage more Native Americans to apply for 

jobs within city government. 

In its 1975 report, the Advisory Committee recommended that the city of Farmington 

establish a human relations committee "representative of all significant racial, cultural, 

and economic groups in the community." The Committee also suggested that ordinances 

and administrative mechanisms be put in place for addressing complaints of 

discrimination. Thirty years later, we still believe that these recommendations are 

appropriate. Many communities throughout the United States have established human 

relations commissions to advise elected officials on issues of race-relations, and other 

issues such as disability rights, senior, youth, and gender equity. The commissions serve 

as a sounding board, creating forums for hearing about community problems and helping 

elected officials make reasoned decisions on resolving these in a manner that avoids 

confrontation, conflict, and discord. Because local elected officials appoint the 

commission and their members are leaders in the community, these bodies (with a diverse 

membership) can be effective in solving problems at the local level. The New Mexico 

Advisory Committee strongly urges the city of Farmington to consider forming such a 

commission. Given the diverse populations in Farmington (including a rapidly growing 

Hispanic community), such an initiative could help Farmington identify and create 

solutions based on its own needs. There is much talent within the community to chose 

from in appointing such an advisory body. 

56
The Committee believes that the leadership is presently in place to take Farmington to a 

new level of prominence and success. The community needs to seize this opportunity and 

sustain current efforts to improve relationships between the city and its Navajo residents 

and neighbors. 

In addition to municipal initiatives, leadership throughout the region needs to be engaged 

in expanding dialogue and collaboration between tribal and non-tribal institutions and 

governments. This needs to be undertaken at the highest level of policy-making within 

the region. Key institutional and elected leaders must commit to this effort (the San Juan 

Forum might serve as a vehicle for this initiative). 

The Advisory Committee is "bullish" on Farmington. Despite continuing problems, there 

is evident a new cadre of leaders that intend to move Farmington ahead as a vital center 

of commerce, education, culture and tourism. These leaders acknowledge that 

Farmington is a "suburb" of the Navajo Nation. They embrace, rather than resist their 

culturally rich and diverse heritage, recognizing this as an asset rather than a liability. 

This is the most significant difference observed by the Committee in our thirty years of

involvement with the community. It offers a genuine basis for optimism, and we look 

forward to even greater progress as a result of these continuing efforts. 

57
Appendix A 

Speakers at the Community Forum
Appendix A – Speakers at the Community Forum

Scheduled Presenters (alphabetically):

Edward Begay, Traditional Counselor, Totah Behavioral Health Authority, Farmington 

Ray Begaye, New Mexico House of Representatives, Shiprock 

Hoskie Benally, Jr., Waterflow 

Lyndy D. Bennett, Deputy District Attorney, Farmington 

Linda Besett, Superintendent, Central Consolidated School District No. 22, Shiprock 

Michael Burridge, Jr., Chief of Police, City of Farmington 

Wallace Charley, San Juan County Commission, Navajo Nation Council Delegate, 

Shiprock 

Ervin Chavez, San Juan County Commission, Aztec 

Frank Dayish, Jr., Vice Chairman, Navajo Nation, Shiprock 

Gary Dethloff, Store Manager, American Home, Farmington 

Harry Descheenie, President, Gad i ahi Chapter, Navajo Nation, Farmington 

Tina Deschenie, Farmington 

Joyce Donald, President, Four Corners/Western Slope Better Business Bureau, 

Farmington 

Paul Ehrlich, Executive Director, Totah Behavioral Health Authority, Farmington 

Larry Emerson, Shiprock 

Steve Grey, Chair, Navajo Nation Telecommunication Regulatory Commission, Shiprock 

Harry Hayes, Superintendent, Bloomfield Schools 

Levon Henry, Executive Director, DNA Legal Services, Window Rock, AZ 

Steve Melloy, Director, Advantage Dodge, Farmington 

Bob Melton, Sheriff, San Juan County, New Mexico 

1
Edward Smiley, Executive Director, Farmington Inter-Tribal Indian Organization 

William Standley, Mayor, City of Farmington 

Tom Sullivan, Superintendent, Farmington Municipal Schools 

Leonard Tsosie, New Mexico Senate, Crownpoint 

Dave Turnbull, President, Western Tire and Appliance, Farmington 

Duane “Chili” Yazzie, President, Shiprock Chapter, Navajo Nation 

Presenters at the Open Session (alphabetically):

Franklin Adakai, Kayenta, AZ 

Laverna D. Ahkeah, Shiprock, NM 

Ken Augustine, Farmington, NM 

Alta M. Begay, Blue Gap, NM 

J. C. Begay, Shiprock, NM 

Norman Benaly, Farmington, NM 

Lucy J. Chillie, Bloomfield, NM 

Chester C. Clah, Farmington, NM 

Tim S. Claw, Kirtland, NM 

Larry DiGiovanni, Shiprock, NM 

Adele Foutz, Farmington, NM 

Freda Garnanez, Farmington, NM 

Anita Hayes, Shiprock, NM 

Morris Johnson, Kirtland, NM 

Alvis Kee, Fruitland, NM

Virgil L. Kirk, Jr., Shiprock, NM 

2
Jimmie Largo, Jr., Farmington, NM 

Valarie Lee, Waterflow, NM 

Sterling Manuelito, Shiprock, NM 

Geraldine Mike, Newcomb, NM 

Claudia J. Vigil-Muniz, Dulce, NM 

Raymond Joe, Shiprock, NM 

Rosalyn Redhouse, Kirtland, NM 

Ruth Russell, Farmington, NM 

Samuel F. Sandoval, Shiprock, NM 

Veronica Smith, Farmington, NM 

Ramona Tewa, Norcross, GA 

Michael Thompson, Farmington, NM 

Harrison Todacheene, Shiprock, NM

Zelma J. Todacheeny, Shiprock, NM

Harrison D. Tsosie, Farmington, NM 

Lydia Whiterock, Chambers, AZ 

Dennis Williams, Fort Defiance, AZ 

Levon Williams, Fort Defiance, AZ 

Rena C. Williams, Fort Defiance, AZ 

Lucinda Yazzie, Farmington, NM 

3
Appendix B

Resolution Agreement between the Central Consolidated District #22 and the Office for 

Civil Rights, U.S. Department of Education
DEPARTMENT OF EDUCATION

REGION VIll FEDERAL OFFICE

BUILDING 1244 SPEER BLVD., SUITE 

11310 DENVER, COLORADO 

802043582

OFFICE OF THE REGIONAL DIRECTOR

OFFICE FOR CIVIL RIGHTS

FEB 0 5 2004 

Dr. Linda Besett Superintendent 

Central Consolidated School District 

 P.O. Box 1199 

Shiprock, New Mexico 87420 

RE: Central Consolidated School District 

Case Number: 08031201 

Dear Dr. Besett: 

This is to notify you that the Office for Civil Rights (OCR) is closing the above-referenced complaint 

against Central Consolidated School District (District) based on the enclosed Resolution Agreement 

(agreement), signed by you on February 4, 2004. 

The provisions included in this agreement, when implemented, will fully resolve the allegations raised 

in this complaint. Our final closure of this case is contingent upon the District's successful completion 

of the agreement, which includes monitoring the implementation of agreement provisions. The 

District's first monitoring submission is due to OCR by April 1, 2004. 

We appreciate your efforts to achieve a satisfactory resolution of this case. If you have questions,

please feel free to contact Ms. Kathleen McNickle-Cooley at (303) 844-4319, or me at (303) 844-4506. 

Sincerely, 

L. Thomas Close 

Supervisory Team Leader

Enclosure 

cc: Dr. Veronica Garcia, Cabinet Secretary for Education Public 

Education Department 
Central Consolidated 5chool District #22 

5hiprockAdministration P.O. Box 1199 5hiprock,,NM 87420 

(505)-368-4984/598-9684 Fax 505-368-5232 

CENTRAL CONSOLIDATED SCHOOL DISTRICT 

Case Number 08031201 

RESOLUTION AGREEMENT 

The U.S. Department of Education, Office for Civil Rights (OCR), received a complaint of

discrimination filed against the Central Consolidated School District (District). The 

complainant alleged that the District failed to provide educational services that ensure that 

limited English proficient students have equal and meaningful access to the District's

educational program. Specifically, the complainant alleged that the District fails to timely 

assess students having a primary or home language other than English (PHLOTE), with 

English language acquisition assessments; fails to provide alternative language program

services to all identified English language learner (ELL) students; and fails to provide a 

sufficient number of qualified staff to adequately implement an alternative language

program.

OCR has jurisdiction to investigate this complaint under Title VI of the Civil Rights Act of

1964, and its implementing regulation at 34 C.F.R. Part 100. The District voluntarily

acknowledged that it is in non-compliance with the above stated allegations and submits

this Resolution Agreement (Agreement) with OCR to resolve the allegations and 

compliance issues involved in this complaint. The District agrees to comply with all parts

of this Agreement within the time frames specified, unless OCR agrees in writing to modify

such terms upon written request from the District. 

A. Assessment of ELL students. .

The District will ensure that all newly enrolled PHLOTE students are assessed for 

English language proficiency within 20 days of their enrollment, including the oral,

reading, and writing assessments as appropriate. The District will implement the 

procedures it has adopted based on the New Mexico State Department of Education 

(NMSDE) Manual procedures (page 42), which state that all new PHLOTE students will 

be tested within 20 days of enrollment in the District. 

By April 1, 2004, the District will provide a written plan-of-action for ensuring that all 

newly enrolled PHLOTF students are assessed for English language proficiency within

20 days of enrollment. OCR will request documentation following the beginning of 

school year (SY) 2004-0$ to verify that all PHLOTE students are timely assessed. 
B. Placement of ELL students. The District will ensure the appropriate placement of all 

ELL students into alternative language program (ALP) services provided by qualified 

staff, during which they will receive an appropriate amount of daily ESUELD specific

instruction time. The District will implement the procedures it has adopted based on the 

NMSDE Manual procedures (pages 33 and 34), which state that all ELL students are to

receive English as a Second Language/English Language Development (ESIJELD)

program services. 

By April 1, 2004, the District will provide a written plan-of-action. for ensuring that all 

ELL students receive an appropriate amount of daily ESLlELD instruction from a

qualified teacher. 

C. Staffing. The District will ensure that it has appropriately qualified staff to fully 

implement its ALP. The District will:

l . Determine the number of qualified staff who are currently available to implement the

ALP, and how many additional staff members are needed to be trained, hired, or 

assigned to the ALP program to fill those staffing needs. _ . 

2. Describe the staffing patterns it will use in the interim, while additional staff 

members arc being trained, hired or assigned to the ALP. The District will take

timely measures to adequately staff the ALP.

By April 1, 2004, the District will provide a report addressing Agreement terms C.). 

and C.2 above.

OCR will request additional documentation at the beginning of SY 2004-OS to verify

that the District is implementing a plan-of-action to ensure ELL students are placed in 

ALP classes with qualified teachers. 

OCR may request additional reports and documentation until the District demonstrates full 

compliance with this agreement. Monitoring of this agreement may also require an on-site 

review by OCR, at a mutually agreed-upon date. 

SUPERINT8NDENT OR DESIGNEE
Appendix C

White Paper, Tótah Behavioral Health Authority, Program Description & Initial Findings, 

Mar. 15, 2004
WHITE PAPER 

Totah Behavioral Health Authority 

Program Description & Initial Findings 

Problem: 

During the Behavioral Health Summit held in Farmington in November, 2000, local 

officials estimated that there is a minimum of 700 uninsured and untreated chronic public

inebriates who have become homeless and estranged from their families. They have a 

tendency to migrate to, or live in and around Farmington and the greater San Juan Region. 

This produces added pressure on the limited resources of community agencies charged with 

protecting public health and safety. By attempting to care for . this population through the 

emergency room and protective custody, a practice has been fashioned that is not only 

costly but, leaves the root syndromes of addiction and cooccurring mental health disorders 

untreated and thus creates a revolving door effect that tends to amplify and prolong these 

problems. 

Service Area: 

Communities served under TBHA's scope of work include the City of Farmington, 

San Juan County and the Northeastern quadrant of the Navajo Nation. San Juan County 

covers a geographic area of 5,500 sq. miles with a population of 113,811 persons and is 

roughly the size of Rhode Island. The majority of target area residents live within or near 

the three municipalities of Farmington (population 51,000); Aztec (3,265) and Bloomfield 

(6,321). The remaining 36% of the population resides within the Navajo Nation consisting 

of 18 rural Navajo Nation Chapter Houses. Diversity in the service area is reflected in the

following data: San Juan County - 15% Hispanic, 36.9% Native American, 52.8% White; 

Northeastern Navajo Nation - 97% Native American [Dine/Navajo) (2000 Census).

Target Population: 

Gathered over the past seventeen months, THBA's current program statistics 

demonstrate that our primary target population is most likely to be: male and 

approximately forty-two (42) years of age; Navajo (93%); found in an incapacitated 

inebriated state; retained in protective custody up to five times within a year; in

immediate danger of hurting themselves or others; separated from relationships with 

family, clan and home; unemployed (79%); homeless (86%); low income and uninsured 

(95%); exhibiting a need for access to mental health, primary medical and other human 

services. The target population is most likely to exhibit multiple public episodes of 

intoxication and/or other behavior emanating from a co-occurring behavioral health 

conditions. These factors engage law enforcement who take them to the local hospital 

emergency room or place them in protective custody with a 72 hour hold which returns 

them to the streets for a repeat of the same or similar episode. It is not uncommon for 

members of the target population to repeat this cycle over 100 times with no intervention 

beyond the detoxification program and no continuity of care. 
Need: 

This population of chronic public inebriates is least likely to have access to 

financing mechanisms to pay for necessary services. In addition homelessness hinders

their ability to apply for available public funds to cover the cost of care perpetuating 

health disparities in this high need group. Even if primary medical needs are covered by 

a third-party payor, few have access to coverage that incorporate behavioral health 

services including those eligible for Medicaid. Available data suggests that 32% (34,343; 

NM Health Policy Commission) of the total San Juan County population is uninsured or 

underinsured. This estimate significantly under-represents the target population. It is

estimated that the target population exhibits a much higher level of poverty than the 

typical San Juan County resident resulting in over 95% who are uninsured or 

underinsured and without coverage to treat alcohol dependence and other co-occurring 

illnesses that tend to accompany addictive disease. 

Additional conditions in the target population that impact access and contribute to 

health disparity in the group are clustered in the following areas: 

Acuity of Condition When Entering the Service System: Typically when clients

present for treatment, their physical and mental condition is exceptionally acute resulting 

in increased costs to the local health and safety network. This, in turn, complicates 

service delivery and coordination requirements. In addition to alcoholism and addiction

to other drugs, often accompanied by co-occurring mental health conditions, the target 

population frequently suffers with diabetes, respiratory conditions, heart disease, STDs 

(in some cases including HIV/AIDS,) malnutrition and dental needs that have gone

untreated; often for many years. 

Disenfranchisement: Chronic alcoholism has usually isolated this population 

from family, home and clan and promoted distrust of any outreach to them further 

restricting access to care and perpetuating a revolving door from street to protective

custody to 72 hour detoxification programs and back to the street without intervention. 

Transportation: The lack of adequate transportation to services is also a barrier

to care. Public transportation is limited. Travel to treatment sites often exceeds 60 miles

one-way and most do not own a vehicle. 

Housing: The public inebriate target population has been alienated from the 

family and not welcomed back in the home usually resulting in homelessness. 

Limited culturally proficient services: Few medical or behavioral health 

professionals are trained to deliver culturally competent care especially for Native 

populations and do not speak Native languages. Native treatment options are also limited 

in the service area. 

Lack of adequate safety net resources: Lack of financial resources allocated to 

address the problem result in under-funding of the total treatment system. 

The population of chronic public inebriates in Farmington and the Greater San Juan 

Region has been given the highest priority of need for access to coordinated managed care 

services, especially behavioral health services, that target strategies to engage them in 

culturally responsive treatment environments that promote sobriety, facilitate linkages to 

their cultural, spiritual, and clan roots, and reduce costs to the public including costs to

the health care and public safety systems. 
Service Gaps: 

Due to a lack of adequate funding for services for the uninsured, there exists a series 

of gaps in services that include: (1) lack of adequate infrastructure in information systems 

that allow service providers to share common data elements (financial, administrative, 

clinical, patient demographics) which can help contain costs; (2) limited training for health 

professionals in the area of substance abuse treatment as it applies to the cultural needs of 

clients entering the system; (3) little evidence of cultural competencies in serving the 

Navajo population.; (4) no dependable transportation or housing accommodations to 

support recovery and family re-integration or sustain participation in a continuum of care

that promotes health disparity reduction; and (5) lack of staff resources dedicated 

specifically to designing and implementing effective systems of care for the target

population, monitor the effectiveness of treatment and make appropriate changes when the 

data calls for a change. The population's need for both physical and behavioral health 

service as well as social service access is substantial. TBHA, using communication and 

networking; coordination of services and public insurance; promotion of common quality of 

care clinical protocols across target population serving agencies; case management services; 

networked billing, registration and data collection systems across safety net provider 

systems; and cultural competency in combination with best practices training strategies is 

working to improve access to services in a managed care cost containment environment. 

Community Partnerships: 

TBHA is designed to be an effective collaboration between the major govern-'

mental entities in the region including the Navajo Nation, San Juan County and the City of 

Farmington as well as six other partnering agencies who are the predominant providers of 

primary medical and behavioral health services in the area. These are San Juan Regional 

Medical Center, Farmington Intertribal Indian Organization, Four Winds Recovery Center, 

Presbyterian Medical Services, the State of New Mexico Department of Health and Indian 

Health Services. Two thirds of our staff and our board of directors are Native American. 

There are a number of formerly homeless, recovering individuals on staff and those who 

serve as members of the board and its advisory committees. 

Program Philosophy: 

The essence of TBHA's traditional counseling program is rooted in Dine (Navajo) 

philosophy and ideals. Our primary objective is to promote healthy behavior by creating 

self-reliance based on an understanding of Dine origins. Our intent is to provide the 

opportunity for participants to regain knowledge of and integrate traditional values. 

Through building a positive sense of identity and an understanding of the foundation of the 

Dine way of life, we endeavor to enhance self-esteem and self-respect through relationship 

and a reorientation to the clanship system. When appropriate, the program employs 

traditional healing practices. The structure of the program is comprised of traditional rituals 

such as talking circles, minor tobacco, cedar burning and sweat lodge ceremonies. 

Additionally, we employ contemporary treatments such as Motivational Enhancement 

Therapy, individual and group counseling, and family intervention. 
History of Current Project: 

Within the Eastern Section of the Navajo Nation, Greater San Juan County and the 

Farmington Metropolitan Area, the Totah Behavioral Health Authority is charged with 

serving the homeless inebriate who is often diagnosed with co-occurring psychiatric 

disorders. TBHA provides individual, group and family counseling, case management, 

referrals to chemical dependency treatment, and other behavioral health services. We also 

provide referrals to primary medical and dental care. TBHA began its work two and a half

years ago as a result of the 2000 Behavioral Health Summit and the active partnership of 

officials from the Navajo Nation, the City of Farmington and San Juan County. We are 

now in our third year of federal HRSA/HCAP funding. Our principal aim is to establish 

access to culturally relevant and clinically proficient behavioral health care and related

support services. 

Our intention is to promote the health and wellbeing of the uninsured, indigent 

multi-cultural population in the area and to intervene in the progression of alcoholism, 

drug addiction and co-occurring disorders, assist in appropriate treatment referrals and 

support healthy, productive reintegration into family and community life. 

Since the inauguration of services, TBHA has contacted over 565 individuals who 

fit the criteria above or 81 % of the estimated 700 chronic public inebriates in the region. 

Based in harm reduction theory and employing outreach and facilitated case management 

models, TBHA serves an average active case load of 112 clients and has successfully 

referred 72 clients, or 10% of its target population, to inpatient treatment for alcoholism. 

In the first year client satisfaction survey, it was noted by an outside evaluator 

that, "All clients were very grateful for the supports made available to them through 

TBHA." And, "Several individuals were very pleased that someone had reached out to 

them with an effort that seemed comprehensive and really interested in their welfare."

Also that, "The client recruitment presentations given by staff members at the detox

facility were seen as particularly valuable. Clients felt supported in their multiple needs

and were uniform in considering Totah staff as advocates in helping them make the 

necessary changes in their lives. Special mention was made regarding the ability of the 

staff to speak Navajo and to understand where people raised on the reservation were

coming from." And that, "The final point stressed by several individuals had to do with 

the availability of amenities present at the Totah offices - showers, clothes, food, personal 

hygiene packets, and a place to be social."

Submitted 3/15/04 

Paul Ehrlich, MA 

Executive Director 
Appendix D

Testimony of Levon B. Henry, Executive Director, DNA People’s Legal 

Services, Inc.
TESTIMONY OF LEVON B. HENRY 

EXECUTIVE DIRECTOR

 DNA - PEOPLE'S LEGAL SERVICES, INC. 

Presented to: 

New Mexico Advisory Committee

to the 

United States Commission on Civil Rights 

Community Forum 

Henderson Fine Arts Center, San Juan College 

Farmington, New Mexico 

April 30, 2004 
Good Morning Mr. Chairman and members of the, Committee. My name is Levon 

Henry. I am the Executive Director for DNA - People's Legal Services and have been in this

position since September 2003. Prior to the DNA Executive Director position I was the

Attorney General for the Navajo Nation for four years. I am an attorney licensed to practice on

the Navajo Nation and the State of New Mexico. I have been practicing law for the past 17

years and in that time I have worked with the Navajo Nation and other Native American

governments and with Navajo and other Native American individuals. 

DNA - People's Legal Services (DNA) is a private non-profit law firm that for close to 40 years 

has provided free legal representation to low-income persons on and near the Indian

reservations in our service area. Our service area includes portions of northeastern Arizona, 

northwestern New Mexico, and southeastern Utah and encompasses seven distinct Native 

American nations and two border communities. A majority of the individuals served by DNA 

are Native American residing on their lands and many retain their native language. 

DNA receives the majority of its funding from the Legal Services Corporation (LSC), a

corporation established and funded by the federal government to provide free legal assistance to 

low-income persons. DNA has established ten field offices across our service area. The Arizona 

offices location include Ft. Defiance, Chinle, Tuba City, Flagstaff and two offices located in 

Keams Canyon. The New Mexico offices location include Farmington, Shiprock, and 

Crownpoint. DNA has one office located in Mexican Hat, Utah. DNA's ethnic and cultural

identification with its clients is significant and one of DNA's most valuable tools when

providing client services. 

As a result of a lack of economic opportunities, language barriers and access to available 

educational programs, DNA's clients are uniquely vulnerable to abuse in consumer transactions

and often fall victim to predatory lending practices. DNA has taken a multifaceted approach to 

address the legal issues that face the people. In addition to the traditional litigation approach to

protecting victims and advocating their rights, DNA employs a community education program 

to reach out to the public to inform them of their rights under the law and how they can protect 

themselves should they become a victim of unscrupulous dealers.

Over the past two years DNA's Farmington office processed 124 consumer related cases with 

12 consumer related cases at this time. The cases include, but are not limited to, collection, 

repossession, garnishment, installment purchase contracts, and unfair sales practices. In this 

same area DNA's Shiprock office processed 258 consumer related cases over the past two years 

with 12 consumer related cases opened at this time. These numbers are a small representation of 

the egregious practice in the region in consumer matters because due to minimal staff, 

restrictions limiting representation to low-income persons, and addressing other legal issues

DNA cannot provide legal representation to all persons who are victimized by certain local 

businesses. 
Examples of egregious consumer cases handled by DNA include:

1. Several cases this year where a Native American client buys a car from a Fannington car 

dealership. The client is told the loan is approved and the client leaves with the car only to be 

called back to the dealership, sometimes days later, and told the loan was not approved after all. 

Client is told he/she must sign a new loan agreement (always at worse terms than the original 

agreement) or return the car and pay a cleaning and mileage fee. 

2. A Native American client who defaulted on a car loan and the car is repossessed. The car is

sold and a deficiency owed. The client does not pay the deficiency and the loan company 

eventually cancels the debt and reports the cancellation of the debt to the IRS, this acts as

income to the client. But, the amount they reported as cancelled is inaccurate and extremely

inflated, causing tremendous income to the client that is not in fact true. The client gets fined 

and owes back taxes to the IRS based on the loan company's reported numbers. Only after DNA

gets involved are the true numbers reported by the loan company to the IRS.

3. A Native American client who could not pay the loan payment on a mobile home he 

purchased (the loan payments exceed his social security income). The client voluntarily signs

a document allowing the mobile home to be repossessed. The client was not given a copy of

the document he signed. The mobile home is sold (at a cost way lower than the likely true

value, another practice that appears to be common in repossession cases) and. the client is told 

he owes a deficiency. The client can not afford to pay it and comes in to DNA. DNA gets a 

copy of the voluntary surrender document and finds a written clause contained in the

document saying that by signing the document and voluntarily surrendering the home the

client WILL NOT be responsible for any remaining debt or deficiency. Despite this, the loan

company continues to try to collect this non-existent debt and ruins the client's credit rating in

the meantime. 

4. A Native American client agrees to have her taxes done at a mobile home dealership and to 

use PART of the expected tax refund on the down payment for the mobile home the remainder

of the refund is to go to her for her living expenses. When the refund is sent to the dealership, 

the dealership cashes the refund check and uses ALL of the refund as a down payment. The

Farmington bank cashes the refund check without the client's signature.

5. An elderly Navajo speaking client takes jewelry and other property to a pawn shop. The

client gets behind on the payments to the pawn shop. The pawn shop does not give the required 

notice to the client that the property will be sold on or after a certain date and all notices are 

sent to the client in English. The client returns to retrieve the pawned items and learns that it has

been sold. The pawn shop refuses to tell the client the amount her property sold for, even

though the pawn shop is required to give the client any surplusage. 
6. A Native American client, who has Anglo features, tries to buy a car at a Farmington dealership.

As soon as the dealership learns he is Native American the deal changes and becomes worse. 

The six brief examples are indicative of the legal problems faced by DNA clientele and the problems 

continue year after year. Many, many people in the Four Corners region have been devastated by the

unscrupulous business practices of car dealers, mobile home dealers, pawn shops, and the new pay

day loan operations. Many of the unscrupulous dealers and business operators are willing to take full

advantage of the elderly who they know full well don't understand the terms and conditions of the

legal document they are signing. Many of the unscrupulous dealers and business operators are

willing to put an individual in a contract that they know the individual cannot continue paying. Many 

of the unscrupulous dealers and business operators are willing to loan a person a small amount of 

cash for valuable property, at an exorbitant interest rate, then turn around and sell that property for a 

large amount without notifying the owner. Many of the unscrupulous dealers and business -

operators look forward to the tax season so they can take advantage of the tax return "loans" offered

to the people.

While some community members may say that the blatant discrimination of Native Americans and 

low-income persons is tempered by the passing years it remains alive and well in another form shown 

through the well documented business practices of those unscrupulous car dealers, unscrupulous

mobile home dealers, and unscrupulous pawn shops. 
Appendix E

Letter to John F. Dulles, Regional Director, from Dr. Richard Champany, 

Northern Navajo Indian Health Service, March 15, 2005 
March 15, 2005 

Mr. John Dulles 

Rocky Mountain Regional Office 

Suite 710 

1700 Broadway 

Denver, Colorado 80290 

Dear Mr. Dulles; 

As you recall, we spoke last week in order to finalize the details of your interview 

with me regarding the follow-up report for Farmington, NM. I would like to add a few 

more points. These points come from that which we submitted to the National Office 

in regards to Indian Health Care. It is not the whole of what we sent, but that which I 

consider pertinent to the Farmington area. I hope it is not too late to add these 

remarks. 

1. Another environmental concern, beyond that of smog-producing nitrogen 

oxides of which we spoke, is mercury pollution in the San Juan River. This 

river flows from Farmington, through Shiprock, and into Lake Powell. The 

mercury contamination, along the Shiprock portion of the river (namely from 

Nenanahzad to Cudei Chapters), is at such a level that the NM State 

Environmental Department warns that pregnant women should eat no more 

than one fish per month which are caught from this portion of the river. 

Mercury is considered to be a neurotoxin, and the most common cause of 

mercury poisoning in young children is from fish which are eaten by the 

mother during pregnancy 

2. IHS Contract Health Service (CHS) serves as the health insurance plan for 

care provided off-reservation. Because the CHS budget is under funded 

(resulting in lower reimbursement rates), and because payment processes 

with the federal government are slow, some physicians in Farmington do 

not treat "Shiprock patients". This forces Northern Navajo Medical Center to 

transfer patients to hospitals in far away cities, including Phoenix, 

Albuquerque and Tucson. All patients heal faster when they are around 

their support group of family and friends. However, the Navajo culture is 

such that healing is even more delayed when they are away from family 

and their sacred lands.

3. Various health care providers across New Mexico are hesitant to consult 

with or treat Native American patients. These providers fear that any 

medical malpractice lawsuit, which might occur as a result of their care or 
 consult, may be heard in a tribal court. A tribal court may not recognize the 

malpractice limits or caps, which were established by the New Mexico State 

Legislature. They may also use different procedures than those used by the District 

Courts of New Mexico. These reasons troubled the providers. The concern arose

after misinformation was sent directly to physicians and dentists throughout the

state. However, the trepidation to care for Native Americans has created an

overwhelming burden on IHS physicians, who need to transfer acutely sick patients 

to a higher level of care. As a result, many patients were transferred out of state 

and far away from their family support groups, causing a delay in healing. 

4. Many private physicians, who practice in Farmington, NM, do not accept Arizona or 

Utah Medicaid. They do accept Colorado Medicaid. They complain of low

reimbursement rates and slowness of payments as the reason. However, the 

majority of patients residing in Southern Colorado are Anglo, whereas the majority

(if not all) of the patients residing in northeast Arizona and southeast Utah are 

Navajo. This presents a problem for IHS. Contract Health Service is the payor of

last resort. In the past, we sent patients to San Juan Regional which does accept all

Medicaid. However, our CHS had to then pay for the private physicians' care. But, 

with budget deficits being projected for CHS; we must now send a majority of our 

patients to Albuquerque or Salt Lake City, "ere University of New Mexico Medical

Center or University of Utah accepts Mediciad for full payment.

Please call me with any questions at 505-368-6455.

Sincerely,

Richard A. Champany, DDS, MPH 

Former Clinical Director