Hopi chair faces complaint of misconduct

Sidney allegedly had a .311 BAC at time of incident

By Kathy Helms
Staff Writer
July 29, 2006

KYKOTSMOVI — The Hopi Tribal Council has called a special session for 9
a.m. Thursday to discuss a "complaint of misconduct" against Hopi Tribal
Chairman Ivan Sidney following a June 27 incident in Winslow.

Clifford Balenquah Qotsaquahu, council representative for the Village of
Bacavi, filed the complaint of misconduct July 20 after receiving copies
of an incident report from Winslow Police Department.

Winslow Police Officer Ronald Chisholm Jr. responded to a disorderly
conduct call shortly before 11 p.m. from the management of Adobe Inn, 1701
N. Park Drive. The manager on duty advised police that Sidney "is very
intoxicated and disorderly. He has urinated all over the hall and he will
not return to his room."

Cpl. Chisholm and Sgt. Arturo Zacarias Jr. responded and requested an
ambulance for the chairman, who was transported to Winslow Memorial
Hospital. According to police, Sidney had a blood alcohol level of .311.

Chairman Sidney, a cancer survivor, must take a number of medications. He
was on personal leave at the time the incident occurred. It is not known
at this time whether the combination of alcohol and medication might have
skewed the blood alcohol results.

On July 17 at the quarterly meeting of the Hopi Tribal Council, Chairman
Sidney voluntarily reported a medical incident, telling council, "The true
facts will be reported to all the Hopi people at the appropriate time."

"I can only assure the Hopi people that I did not violate the Hopi
Constitution or tribal guidelines. Nor have I violated any federal, state,
county or city laws. I am innocent."

Sidney is listed on the original incident report as a juvenile.

Chisholm's report
Cpl. Chisholm, in a narrative attached to the police report, said when he
arrived at Adobe Inn, he was advised by the hotel manager of a disorderly
subject staying at the hotel who refused to go back to his room when asked
by management.

Chisholm also was advised that the subject was Hopi Tribal Chairman Ivan
Sidney. The manager said he did not want Sidney arrested, he just wanted
the officer to escort him to his room, No. 117. Chisholm called Sgt.
Zacarias for backup.

When Zacarias arrived, the two located Sidney in the south hallway,
standing in front of room No. 133, with his hand around the doorknob. The
officers approached Sidney and advised him that they were the police and
that he needed to go back to his room.

Chisholm said Sidney did not respond, and the officer detected the odor of
alcohol on Sidney's clothes and breath.

"At that time, Sgt. Zacarias and I placed our hands around Sidney's arms
and attempted to walk him back to his room, but Sidney was unable to walk
back to his room due to his intoxicated state," Chisholm wrote.

He advised Sgt. Zacarias that due to Sidney's intoxicated state that he
might need medical attention and called for an ambulance.

"Before medics arrived at my location, Sgt. Zacarias and I attempted to
walk Sidney outside of the hotel to meet the ambulance, but Sidney was not
in any condition to walk," the report states.

Chisholm met medics on the south side of the hotel and escorted them to
Sidney, who was lying in the hallway near Room 133, and also assisted
medics with placing Sidney on the gurney for transport to the hospital.

Zacarias' report
After responding to the hospital, Sgt. Zacarias went through the chain of
command, briefing higher-ups of the situation. He also advised hospital
staff that Sidney "was not in custody, but that we had called medics for
his welfare."

Zacarias said he obtained a medical release from Sidney when he had
recovered to the point where he could speak and write. The officer also
contacted Hopi Police Department and asked to speak with a supervisor, or
Sidney's sons, Paul or Ivan Jr., who work with Hopi Bureau of Indian
Affairs.

The officer said that within a few minutes he received a call from Ivan
Sidney Jr. He informed him of his father's condition and asked if the
family could come pick him up.

The chairman's family arrived within the hour and the officer returned to
the hospital where he met with Sidney's wife, informing her that he would
escort them back to the hotel to obtain the chairman's belongings, at the
request of the hotel manager, upon Sidney's release from the hospital.

When they returned to the hotel, Sgt. Zacarias and Ivan Jr. waited outside
the room while the chairman and Mrs. Sidney went to gather his belongings.

"After a few minutes, Ivan walked into the room and I followed behind him.
Mr. Sidney was lying in bed and Mrs. Sidney informed Ivan that his dad did
not want to leave," Zacarias reported.

"Ivan then called to his dad to encourage him to get back up. While he was
doing so, I noticed several open containers of canned Budweiser Light Beer
in the trash can and on the stand next to the bed.

"Ivan opened the refrigerator, where I observed an open 12-pack of Bud
Light Beer. Mr. Sidney then sat up in bed and informed his family that he
wanted another beer. Mr. Sidney then looked at me and I motioned to him to
get up," Zacarias said.

"Mr. Sidney got up and walked to the refrigerator, where he grabbed the
12-pack of beer. Ivan pulled the beer away from his father and after doing
so, they departed the hotel without further incident."

Sgt. Zacarias said he then went back to the hospital where he obtained
Sidney's medical records. "These records indicated that Mr. Sidney had a
blood alcohol level of .311," Zacarias reported.

Call for unity
Though the initial call to police dispatch reported "disorderly conduct"
and that the chairman had "urinated all over the hall," there was no
reference to such incidents in the police narratives.

Chairman Sidney, in a press release, maintained his innocence. "I am a
public figure and political attacks come with the territory," he said. He
apologized for any embarrassment the issue may cause, saying it is
"unfortunate that my family, friends and the Hopi people have been
misled."

Sidney's legal counsel, Randy Roberts of Simone, Roberts and Weiss Law
Firm, is conducting an investigation into the allegations. "We have
advised our client not to comment further on any issues until our
investigation has been concluded," Roberts said.

Chairman Sidney said in the press release, "As Hopis we know our prophecy
and traditions. The Hopi chose the short ear of corn. We Hopi know we will
always struggle protecting our traditions, culture, language, religion and
our land.

"I am here on Hopi land today to do good things for my people. You told me
you did not want our water used for coal slurry. I listened. Today, Hopi
is not using the N-aquifer water for coal slurry.

"You asked for a Senior Citizen Retirement Center and I asked the Hopi
Tribal Council to appropriate funds to make your dream a reality. We are
working toward an expansion of the Hopi Health Center, which will include
a much-needed Day Surgery Unit," Sidney said.

"Today we face hard issues on the Navajo-Hopi Land Settlement, and I am
prepared. It is a time for all of us to stand united rather than divided,"
the chairman said.


 

originally found at the Gallup Independent

        


Reprinted as an historical reference document under the Fair Use doctrine of international copyright law. http://www4.law.cornell.edu/uscode/17/107.html