c * /■ f: r*
6
Hearing
BEFORE THE
UNITED STATES
COMMISSION ON CIVIL RIGHTS
J/JV/i
HEARING HELD
IN
PHOENIX, ARIZONA
November 17-18, 1972
Hearing
BEFORE THE
UNITEL STATES
COMMISSION ON CIVIL RIGHTS
HEARING HELD
IN
PHOENIX, ARIZONA
November 17-18, 1972
For sale by the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402— Price: $4.25
Stock Number 0500-00097
MEMBERS OF THE COMMISSION
The Reverend Theodore M. Hesburgh, C.S.C., Chairman
Stephen Horn, Vice Chairman
Frankie M. Freeman
Maurice B. Mitchell
Robert S. Rankin
Manuel Ruiz, Jr.
John A. Buggs, Staff Director
John H. Powell, Jr., General Counsel
CONTENTS
Sessions
First: November 17, 1972, 8:20 a.m.
Executive Session: November 17, 1972, 9:02 a.m.
Reconvened Public Session: November 17, 1972, 10:05 a.m.
Second: November 17, 1972, 1:30 p.m.
Third: November 17, 1972, 7:30 p.m.
Fourth: November 18, 1972, 9:00 a.m.
Fifth: November 18, 1972, 2:18 p.m.
Page
Opening Statement
Commissioner Frankie M. Freeman 1
Statement of Rules
Commissioner Manuel Ruiz 3
Adjournment into Executive Session 6
Opening Statement
Commissioner Frankie M. Freeman 7
Statement of Rules
Commissioner Manual Ruiz 10
Welcoming Remarks
Honorable John Driggs 11
Mr. Jose M. Burruel 12
Mr. Vincent Little 13
Overview Witnesses
Mr. Donald R. Antone 14
Ms. Veronica Lee Murdock and Mr. Antone Gonzales 18
Panel of Phoenix Indian Residents with Complaints in the
Area of Health
Mr. Gus Greymountain, Ms. Julia Porter, Ms. Rose King 26
Panel of Tucson Indian Residents with Complaints in the
Area of Health
Mrs. Ella Rumley, Mrs. Carol Parvello 34
Federal Programs Director, Ganado Public School System
Milford M. Sanderson 45
San Carlos Apache Health Panel
Mr. Marvin Mull, Mr. Roy Kitcheyan 57
Vice Chairman, White Mountain Apache Tribe
Mr. West Anderson 63
Phoenix Indian Health Service Area Office
Dr. Charles McCammon, Dr. James Erickson 71
Director, Elementary Education, Navajo Nation
Ms. Joy Hanley 91
Arizona State Teaching Intern Panel
Ms. Lucille Watahomigie, Ms. LaVonne Three Stars 101
Mental Health Consultant, Indian Health Service
Dr. Carl A. Hammerschlag 109
White Mountain Apache Tribal Council Member
Mr. Wesley Bonito 118
(III)
Page
Indian Higher Education Panel
Mr. Rick St. Germaine, Mr. William DeHaas, Mr. Cipriano Manuel . 124
Panel on Urban Administration of Justice Problems
Reverend John Fife, Mr. Michael Wilson, Mr. Wallace Baker 133
Panel on Indian Juvenile Offender and Prison Problems
Mr. Philip Tsosie, Dr. David Giles, Mr. Albert French, Sr. 149
Administration of Justice
Honorable William Rhodes, Rod Lewis 155
Employment
Mr. Ernest Gerlach, Staff Member, U.S. Commission on Civil Rights - - 167
Papago Mining Panel
Mr. Sonya Shepherd, Mr. Tony Escalante 172
Mr. William Gremley, Ms. Gwendolyn Crockett 179
Panel of Mining Company Representatives
Mr. D. H. Orr, Mr. John Breen, Mr. Jim H. Hunter,
Mr. Dick Glover 192
Mr. Ronald Lupe 207
Mr. Richard David 211
Panel of Employers Bordering White Mountain and San Carlos
Apache Reservations
Mr. Glen Jones, Mr. Bruce Porter, Mr. Henry Allen,
Mr. D. A. Reed 215
Closing Statement 218
Additional Statements Submitted In Lieu of Testimony:
Frank Peres, Chief Road Engineer, Bureau of Indian Affairs,
San Carlos Apache Reservation 220
Floyd Mull, San Carlos Apache Tribal Council Member 221
Commission Questionnaire to Arizona State Highway Department 223
W. A. Ordway, Deputy Director, Arizona State Highway Commission 224
Commission Questionnaire to Trinquilino U. Madrid, Equal
Opportunity Representative, Arizona Highway Department 233
Trinquilino U. Madrid, Equal Opportunity Representative, Arizona
Highway Department 233
Commission Questionnaire to Arthur Loring, Equal Opportunity
Coordinator, Arizona Highway Department 237
Arthur Loring, Equal Opportunity Coordinator, Arizona
Highway Department 239
Glen Whitman, Sacaton, Arizona 241
Commission Questionnaire to John Arti choker, Area Director Bureau
of Indian Affairs, Phoenix Area Office . 243
John Artichoker, Area Director, Bureau of Indian Affairs,
Phoenix Area Office 244
Commission Questionnaire to Curtis Geiogamah, Assistant Area
Director, Administrator, Bureau of Indian Affairs, Phoenix _ 257
Curtis Geiogamah, Assistant Area Director, Administrator, Bureau
of Indian Affairs, Phoenix 258
Commission Questionnaire to James Dunn, Property and Supply
Officer, Bureau of Indian Affairs, Phoenix 260
James S. Dunn, Area Property and Supply Officer, Bureau of Indian
Affairs, Phoenix 261
Commission Questionnaire to Hon. Gary K. Nelson, Attorney General,
State of Arizona 263
Hon. Gary K. Nelson, Attorney General, State of Arizona _ 265
Commission Questionnaire to J. Ford Smith, Executive Director,
Arizona Civil Rights Commission . 269
J. Ford Smith, Executive Director, Arizona Civil Rights Commission 270
(IV)
Page
Commission Questionnaire to and Answers from Clinton Pattea, Exec-
utive Secretary, Arizona Commission of Indian Affairs, Phoenix 272
Commission Questionnaire to and Answers from Albert N. Brown,
Executive Director, Arizona State Justice Planning Agency . 275
Commission Questionnaire to and Answers from Hawley Atkinson,
Special Assistant to the Governor, State of Arizona 279
EXHIBITS ENTERED INTO THE HEARING RECORD
Exhibit No. 1 Notice of Hearing 290
Exhibit No. 2 Entered into Record in Executive Session 291
Exhibit No. 3 "Urban Indian Project," by Gus Greymountain,
National Indian Training Research Center 292
Exhibit No. 4 "Availability of Health Services to Phoenix Urban
Indians," by Charles McCammon, M.D., Oct. 2, 1972 . 313
Exhibit No. 5 Equal Employment Data, 1972, Indian Health
Service, Phoenix Area 317
Exhibit No. 6 Indian Health Service Housing Policy and Data,
Phoenix Area 322
Exhibit No. 7 Report of the Housing Committee of the Hospital
Worker's Association, Fort Defiance, Ariz., 1972 _ . - 339
Exhibit No. 8 "Indian Education: A Human Systems Analysis,"
by Carl Hammerschlag, M.D. 355
Exhibit No. 9 Newspaper Articles on Activities of Indian Students
at Arizona State University 386
Exhibit No. 10 "Developing Curricular Content of the Indian Sur-
vival in a Non-Indian World: Course for Native
American Students at Arizona State University,"
by Richard St. Germaine, 1972 392
ADDITIONAL DOCUMENTS ENTERED INTO THE HEARING RECORD
Exhibit No. 11 Proposed Commission of Indian Affairs Act, State
of Arizona; Arizona Commission of Indian Affairs
Annual Report, 1971-72; Proposed Legislation on
Arizona Civil Rights Division, 1972 419
Exhibit No. 12 Letter from Gerald Wilkinson and Photographs of
Housing Conditions in Ajo, Ariz. 465
Exhibit No. 13 "Civil Rights and Indian Youth," by Robert
Smeaton 468
Exhibit No. 14 Statement of John M. Greif , M.D., Nov. 18, 1972 . .. 482
Exhibit No. 15 Statement of Gary H. Spivey, M.D., Nov. 18, 1972 . 485
Exhibit No. 16 Plaintiff-Appellant's Motion, Kale v. U.S. No. 20620
(9th Cir. 1972)*
Exhibit No. 17 Special Appeal by the Kiowa- Apache Tribal Business
Committee, Fort Cobb, Okla., to the Honorable
Richard Nixon, President of the United States,
Mar. 7, 1972*
*On file at the Commission.
(V)
UNITED STATES COMMISSION
ON CIVIL RIGHTS
FRIDAY, NOVEMBER 17, 1972
Phoenix Indian School
Phoenix, Arizona
Friday, November 17, 1972
The U.S. Commission on Civil Rights convened, pursuant to
notice, at 8:30 a.m., Frankie M. Freeman, Commissioner, pre-
siding.
PRESENT: Frankie M. Freeman, Commissioner; Manuel Ruiz,
Commissioner; John A. Buggs, Staff Director; John H. Powell,
Jr., General Counsel; Michael R. Smith, Assistant General
Counsel; Joe C. Muskrat, Regional Director; Jerry Muskrat,
Staff Attorney;
PROCEEDINGS
Commissioner Freeman. The hearing will come to order. First
we would like to call the court reporter, the sound engineers, and
the clerks. Will you stand and be sworn, please?
(Whereupon, Joe C. McLaughlin was sworn by Commissioner
Freeman as court reporter; Don O'Neil and Richard Read were
sworn as sound engineers; and Ms. Mary Baltimore and Mr.
Concepcion E. Baiza were sworn as clerks.)
Commissioner Freeman. Ladies and gentlemen, I am Frankie
M. Freeman, a St. Louis attorney and a member of the United
States Commission on Civil Rights. I wish to welcome you to
this hearing conducted by the Commission and introduce to you
Mr. Manuel Ruiz, Jr., another member of the Commission and a
Los Angeles attorney, who is serving with me on this hearing
panel.
I also wish to introduce the members of the Commission staff
who will participate in this hearing. They are, Mr. John A. Buggs,
Staff Director of the Commission; Mr. John H. Powell, Jr.,
General Counsel of the Commission; and Mr. Michael Smith,
Assistant General Counsel. Joining us later will be Mr. Isaiah T.
Creswell, Jr., Director of the Commission's Office of Community
Programming and Director of its Indian Project.
The civil rights of American Indians have long been a matter
of concern to the United States Commission on Civil Rights.
For many months our staff and members of our State Advisory
Committees have been gathering information which is now cul-
minating in a series of Commission hearings on Indian affairs
of which this hearing in Phoenix is the second.
Our first hearing on the subject was held earlier this week in
Albuquerque, New Mexico, and we shall hold further hearings on
the subject in other parts of the country which have significant
Indian populations, including one early next year on issues of
concern on the Navajo Reservation.
This hearing is being held under the authority of the Civil
Rights Act of 1957, as amended. As required by law, notice of
this hearing was published in the Federal Register on Friday,
October 13, 1972. A copy of this notice will be introduced into
the record as Exhibit No. 1.
(Whereupon, the document referred to was marked as Exhibit
No. 1 and received in evidence.)
The Commission is an independent, bipartisan agency of the
United States Government established by Congress in 1957.
Under the law, the Commission is required to submit to the
President and the Congress reports which contain its findings and
recommendations for corrective legislation or executive action. To
enable the Commission to fulfill its duties, the Congress has em-
powered the Commission to hold hearings and issue subpenas for
the attendance of witnesses and the production of documents.
In order to produce as credible a record as possible, the Com-
mission is authorized to take testimony under oath.
In just a few moments we will go into executive session in
accordance with the statute governing Commission hearings
which provides for such a session, closed to the public, during
which persons who may be defamed, degraded, or incriminated
by testimony given at the public sessions will have an opportunity
to be heard.
A period has also been set aside in the hearing to give time
to persons who have not been subpenaed but who feel they have
relevant testimony which the Commission should hear.
The executive session is the only session closed to the public.
At all other sessions the public is cordially invited to attend as
observers.
In carrying out its legislative mandate, the Commission has
made detailed studies in the fields of administration of justice,
education, employment, health services, housing, and voting. To
augment its studies in these fields it has held hearings in rep-
resentative communities throughout the country.
We have come to Phoenix as part of the Commission's project
of investigating the civil rights status of reservation and non-
reservation Indians. The Commission is deeply disturbed by the
fact that of any identifiable ethnic group of American citizens,
Indians have one of the highest unemployment rates, and the
lowest per capita income; that their infant mortality rates are
higher and their life expectancy lower than the rest of the
United States population.
Due in great part to the fact that they have been deprived of
adequate schooling, they are generally relegated to the lowest
rungs of the job ladder with almost no chance for upward
mobility.
The Commission has come to Phoenix, Arizona, a city and
State which are home to many Indian tribes, to ascertain the
nature and extent of these problems and, hopefully, to arrive
at a means of rectifying them.
I would like to emphasize that a Commission hearing is not
an attempt to embarrass any one State, city, or individual, but is
an exploration of circumstances that are representative of civil
rights problems. The Commission's history shows that it has
always been scrupulously honest and fair in its presentations
even though the subject matter may be intrinsically emotional.
The same objectivity will prevail at this hearing.
Federal law protects all witnesses subpenaed to appear before
the Commission.
At this panel we will hear from representatives of the local,
State, Federal and tribal governments, persons from the pri-
vate sector, and individual citizens. We shall examine each ele-
ment of the socioeconomic structure as it affects American In-
dians, recognizing that this ethnic group represents diverse
histories, cultures, and social institutions. We shall also give
careful consideration to the question of Indian control of In-
dian institutions and of programs serving Indian communities.
This session will end after the reading of the rules by Com-
missioner Ruiz. The Commission will then go into executive
session in accordance with the statute governing Commission
hearings.
The public session will reconvene later this morning at 10:00
a.m., with a recess for lunch between 12:00 and 1:30 p.m.
Today's session will recess at 9:40 p.m. this evening.
Tomorrow's session will begin at 9:00 a.m., with a lunch
recess from 12:30 to 1:30. The time between 5:30 and 7:30 p.m.
has been set aside for unscheduled testimony. The hearing will
conclude at 7: 30 o'clock tomorrow.
Commissioner Ruiz. At the outset, I should emphasize that
the observation I am about to make on the Commission's rules
constitutes nothing more than brief summaries of the significant
provisions. The rules themselves should be consulted for a fuller
understanding. Staff members are present and available to an-
swer questions which may arise during the course of the hearing.
In outlining the procedures which will govern the hearing, I
think it is important to explain in some detail the differences
between the public session and the executive session.
Section 102 (e) of our statute provides, and I quote:
"If the Commission determines that evidence or testimony at
any hearing may tend to defame, degrade or incriminate any
person, it shall receive such evidence or testimony in executive
session."
(At this point the lights went out in the auditorium.)
Commissioner Freeman. May we have your attention?
Commissioner Ruiz. I will continue to read as loudly as I can.
We seem to have a little bit of difficulty with the power outside.
I would suggest under the emergency that everybody sitting in
the back kindly come to the first two or three rows so that we
won't have to speak so loudly. Will you kindly come to the
front?
(Continuing reading of section 102(e) of the Commission's
statute : )
"The Commission shall afford any person defamed, degraded
or incriminated by such evidence or testimony an opportunity to
appear and be heard in executive session," —
I will announce the room where that will be when I finish.
— "with a reasonable number of additional witnesses re-
quested by him, before deciding to use such evidence or testi-
mony."
The executive session to follow this morning is being held to
comply with this statutory mandate. Several weeks ago, the
Commission met in Washington and received the material which
had been collected in preparation for this hearing. It was then
determined that certain individuals were entitled to a hearing in
executive session. Accordingly, these individuals were notified of
their right to appear at this session. Each also was sent a copy
of the Commission's rules, which explained this right, and was
invited to communicate with the Commission in the event he
wished to appear or had any questions concerning the executive
procedure.
Although some of these persons have been subpenaed by the
Commission to appear during the public session of this hearing,
none of them was subpenaed to appear at this executive session.
Several weeks ago they received notice of this executive session,
and explanation of its purpose, and an invitation to appear if
they so desired. They are not required by law to appear. The
decision to appear or not to appear lies entirely with them. The
executive session is for their benefit alone, and if they decide
to forego this opportunity, that is their privilege.
In providing for an executive session, Congress clearly in-
tended to give the fullest protection to individuals by affording
them an opportunity to show why any testimony which may be
damaging to them should not be presented in public. Congress
wished to minimize damage to reputations as much as possible.
Congress wished to provide persons an opportunity to rebut un-
founded charges before they are publicized. Obviously, this
5
protection would be meaningless if the persons were confronted
with, and required to respond in public to, the anticipated allega-
tions.
Following the presentation of the testimony in executive ses-
sion, and any statement in opposition to it, the Commissioners
review the significance of the testimony and the merit of the
opposition to it. In the event they find the testimony to be of
insufficient credibility, or the opposition to it to be of sufficient
merit, they may refuse to hear certain witnesses even though
they have been subpenaed to testify in public session. An execu-
tive session of this type is the only portion of the entire hearing
which is not, as Commissioner Freeman said, open to the public.
The public hearing which begins later this morning is some-
what different. The public and the press are invited and urged
to attend. Copies of the rules which govern this hearing may be
secured during any recess from the members of the executive
staff. Persons who have been subpenaed and persons who have
been afforded an opportunity to appear in executive session have
already been given their copies.
All persons scheduled to appear in public session who live or
work in Arizona have been subpenaed by the Commission.
All testimony at the executive and public sessions will be
given under oath and will be transcribed verbatim by the official
reporter. All witnesses at public and executive sessions are en-
titled to be accompanied and advised by counsel. Counsel may
subject his client to reasonable examination. He also may make
objections on the record and argue briefly the basis for such
objections.
Persons subpenaed to the public session and persons who
have been afforded an opportunity to appear in executive session
may require that witnesses be subpenaed on their behalf. All
requests for subpenas must be in writing and must be supported
by a showing of the general relevance and materiality of the
evidence sought.
In addition, persons who have been afforded an opportunity to
appear in executive session may be accompanied by a reasonable
number of witnesses who need not be subpenaed. They may also
submit statements prepared by themselves or others for inclusion
in the record, provided these are submitted within the time
required by the rules. All witnesses at public sessions have a
similar right to introduce statements into the record. At public
sessions there is a limited right of cross-examination which is
spelled out in detail in the rules.
Finally, I should point out that in many cases the Com-
mission has gone significantly beyond congressional requirements
in its rules to provide safeguards for witnesses and other persons.
We have done this with the intent of insuring that Commission
6
hearings be conducted in the fairest and most impartial manner.
Commissioner Freeman. Thank you, Commissioner Ruiz.
We are now about to adjourn this first session, the first
public session, which will be reconvened here in this auditorium
at 10 o'clock this morning.
The executive session will be held in the Music Auditorium of
the Music School.
United States Marshal Bob Jones will be available to escort any
persons who are responding to our invitation to appear at execu-
tive session. So for those of you who wish to appear, will you
immediately identify yourselves to Marshal Jones, and he will
escort you.
Mr. Powell. The people who are responding need not identify
themselves publicly. Just make yourselves known to Mr. Jones
and come on over to the executive session.
Commissioner Freeman. At this point, this session is ad-
journed, and the public session will be reconvened here at 10:00
a.m. The executive session will begin immediately.
(Whereupon, at 9:02 a.m., the public session was recessed
for the purpose of conducting an executive session.)
U.S. COMMISSION ON CIVIL RIGHTS
RECONVENED PUBLIC SESSION
FRIDAY, 10:05 a.m.
Commissioner Freeman. This public hearing of the United
States Commission on Civil Rights will come to order. Miss
Joyce Long will be sworn.
(Whereupon, Joyce Long was sworn by Commissioner Free-
man as clerk.)
Commissioner Freeman. Ladies and gentlemen, I am
Frankie M. Freeman, a St. Louis attorney and a member of the
United States Commission on Civil Rights. I wish to welcome you
to this hearing conducted by the Commission and introduce to
you Mr. Manuel Ruiz, Jr., another member of the Commission
and a Los Angeles attorney, who is serving with me on this
hearing panel.
I also wish to introduce to you the members of the Com-
mission staff who will participate in this hearing. They are Mr.
John A. Buggs, Staff Director of the Commission; Mr. John H.
Powell, Jr., General Counsel of the Commission; Mr. Michael
Smith, Assistant General Counsel; and Mr. Jerry Muskrat, also
a member of the staff. Mr. Isaiah T. Creswell, Director of the
Commission's Office of Community Programming and Director
of its Indian Project, will be joining us later.
The civil rights of American Indians have long been a matter
of concern to the United States Commission on Civil Rights. For
many months our staff and members of our State Advisory
Committees have been gathering information which is now cul-
minating in a series of Commission hearings on Indian affairs of
which this hearing in Phoenix is the second.
Our first hearing on the subject was held earlier this week in
Albuquerque, New Mexico, and we shall hold further hearings on
the subject in other parts of the country which have significant
Indian populations, including one early next year on issues of
concern on the Navajo Reservation.
This hearing is being held under the authority of the Civil
Rights Act of 1957, as amended. As required by law, notice of
this hearing was published in the Federal Register on Friday,
October 13, 1972. A copy of this notice has been introduced into
the record as Exhibit No. 1.
The Commission is an independent, bipartisan agency of the
United States Government established by Congress in 1957. Its
duties are as follows:
1. To investigate sworn allegations that citizens are being
8
deprived of their right to vote by reason of their race, color,
religion, or national origin;
2. To study and collect information regarding legal develop-
ments which constitute a denial of equal protection of the laws
under the Constitution because of race, color, religion, sex, or
national origin;
3. To appraise Federal laws and policies with respect to the
equal protection of the laws because of race, color, religion, sex,
or national origin;
4. To serve as a national clearinghouse for information with
respect to denials of equal protection of the laws because of
race, color, religion, sex, or national origin.
Under the law, the Commission is required to submit to the
President and the Congress reports which contain its findings
and recommendations for corrective legislative or executive ac-
tion. To enable the Commission to fulfill its duties, the Congress
has empowered the Commission to hold hearings and issue sub-
penas for the attendance of witnesses and the production of
documents. In order to produce as credible a record as possible,
the Commission is authorized to take testimony under oath.
This morning the Commission held an executive session in
accordance with the statute governing Commission hearings
which provides for such a session, closed to the public, during
which persons who may be defamed, degraded, or incriminated
by testimony given at the public sessions had an opportunity to
be heard.
A period has also been set aside during the course of the
hearing to give time to persons who have not been subpenaed
but who feel they have relevant testimony which the Commission
should hear.
The executive session was the only session closed to the public.
At this and all other sessions the public is cordially invited to
attend as observers.
I can best explain the functions and limitations of this Com-
mission by quoting from a decision of the United States Supreme
Court early in the Commission's history:
"This Commission does not adjudicate; it does not hold trials
or determine anyone's civil or criminal liability; it does not
issue orders. It does not make determinations depriving anyone
of life, liberty or property. In short, the Commission does not
and cannot take any affirmative action which will affect an in-
dividual's legal rights. The only purpose of its existence is to
find facts which may be subsequently used as the basis for
legal or executive action."
In carrying out its legislative mandate, the Commission has
made detailed studies in the fields of administration of justice,
education, employment, health services, housing, and voting. To
augment its studies in these fields, it has held hearings in
representative communities across the country.
We have come to Phoenix as part of the Commission's project
of investigating the civil rights status of reservation and non-
reservation Indians. The Commission is deeply disturbed by the
fact that of any identifiable ethnic group of American citizens,
the Indians have one of the highest unemployment rates, and
the lowest per capita income; that their infant mortality rates
are higher and their life expectancy lower than the rest of the
United States population. Due in great part to the fact that
they have been deprived of adequate schooling, they are generally
relegated to the lowest rungs of the job ladder with almost no
chance for upward mobility.
The Commission has come to Phoenix, Arizona, a city and
State which are home to many Indian tribes, to ascertain the
nature and extent of these problems and, hopefully, to arrive at
a means of rectifying them.
I would like to emphasize that a Commission hearing is not
an attempt to embarrass any one State, city, or individual, but
is an exploration of circumstances that are representative of
civil rights problems. The Commission's history shows that it
has always been scrupulously honest and fair in its presenta-
tions even though the subject matter may be intrinsically emo-
tional. The same objectivity will prevail at this hearing.
Federal law protects all witnesses subpenaed to appear before
the Commission.
At this point, I should like to explain that Commission pro-
cedures require the presence of Federal marshals at its hearings
to insure an atmosphere of dignity and decorum in which the
proceedings can be held.
At this hearing we will hear from representatives of the
local, State, and Federal Governments, tribal governments, mem-
bers of the private sector, and individual citizens. We shall
examine each phase of the socioeconomic structure as it affects
American Indians, recognizing that this ethnic group represents
diverse histories, cultures, and social institutions. We shall also
give careful consideration to the question of Indian control of
Indian institutions and of programs serving Indian communities.
This public session will break for lunch between 12:00 and
1:30 p.m. Today's session will recess at or about 9:40 p.m. this
evening.
Tomorrow's session will begin at 9:00 a.m., with a lunch recess
from 12:30 to 1:30 p.m. The time between 5:30 and 7:30 p.m.
tomorrow has been set aside for unscheduled testimony. The
hearing will conclude at 7: 30 o'clock Saturday evening.
And now I shall ask Commissioner Ruiz to read the rules of
the hearing.
10
Commissioner Ruiz.
Commissioner Ruiz. Thank you.
Ladies and gentlemen, as the chairman said, the hearing has
been divided into two parts. First, there was the executive ses-
sion which was held earlier this morning. At the executive or
closed session, individuals were invited to appear, if they so de-
sired, and to state in private their objections to the public
presentation of any testimony which they believed might be
damaging to them. We are now beginning the public session
which will continue through Saturday evening.
The public session or hearing which begins now is somewhat
different. The public and the press are now, of course, invited
and urged to attend these open sessions.
At the outset, I should emphasize that the observations I am
about to make on the Commission's rules constitute nothing
more than brief summaries of the significant provisions. The
rules themselves should be consulted for a fuller understanding.
Staff members will be available to answer questions which
arise during the course of the hearing, if you have any such
questions.
All persons who are scheduled to appear who live or work in
Arizona have been subpenaed by the Commission.
All testimony at the public sessions will be under oath and
will be transcribed verbatim by the official reporter. Everyone
who testifies or submits data or evidence is entitled to obtain a
copy of the transcript on payment of costs. In addition, within
60 days after the close of the hearing, a person may ask to
correct errors in the transcript of the hearing with relation to
his testimony. Such requests will be granted only to make the
transcript conform to testimony as presented at the hearing.
All witnesses that you will hear are entitled to be accompanied
and advised by counsel. Counsel may subject his client to reason-
able examination. He also may make objections on the record
and argue briefly the basis for any such objections.
If the Commission determines that any witness' testimony
tends to defame, degrade, or incriminate any person, that per-
son or his counsel may submit written questions which in the
discretion of the Commission may be put to the witness.
Persons subpenaed to the public session may require that wit-
nesses be subpenaed on their behalf. All requests for subpenas
must be in writing and must be supported by a showing of the
general relevance and materiality of the evidence sought.
In addition, all witnesses have the right to submit statements
prepared by themselves or others for inclusion in the record,
provided they are submitted within the time required by the
rules. Any person who has not been subpenaed may be permitted
in the discretion of the Commission to submit a written statement
11
at this public hearing. Such statement will be reviewed by the
members of the Commission and made a part of the record.
Witnesses at Commission hearings are protected by the pro-
visions of Title 18, U.S. Code, section 1505, which make it a
crime to threaten, intimidate, or injure witnesses on account of
their attendance at these Government proceedings.
Copies of the rules which govern this hearing may be secured
during any recess from any member of the Commission's staff.
Persons who have been subpenaed have already been given their
copies.
Finally, I should point out that these rules were drafted with
the intent of insuring that Commission hearings be conducted
in a fair and impartial manner, and that is our intention. In
many cases the Commission has gone significantly beyond con-
gressional requirements in providing safeguards for witnesses
and other persons. We have done this in the belief that useful
facts can be developed best in an atmosphere of calm and ob-
jectivity.
We hope that such an atmosphere will prevail throughout this
meeting.
Commissioner Freeman. Thank you, Commissioner Ruiz.
We have invited the Mayor of Phoenix, the Honorable John
Driggs, to appear before this hearing, and if he is here we would
like to ask him to come forward. Will you remain standing?
(Whereupon, Hon. John Driggs, Mayor of Phoenix, was sworn
by Commissioner Freeman.)
STATEMENT OF HONORABLE JOHN DRIGGS,
MAYOR, PHOENIX, ARIZONA
Commissioner Freeman. You may be seated. Do you have a
statement you wish to give ?
Mayor Driggs. Yes. Commissioners, Honored Guests, Ladies
and Gentlemen: It is my privilege as Mayor of the city of
Phoenix to welcome this hearing in our city. We feel that it is
most important that the U.S. Commission on Civil Rights has
elected to hold such a hearing in our city.
Phoenix is the capital of a State that has the largest Indian
population of any State in the Union, and we have noted that
Indians are moving into the urban areas of our State in increas-
ing numbers. We have every hope and belief that these hearings
will be very productive and that they will invoke greater partic-
ipation from the citizens of this State and, indeed, the whole
Southwest.
We hope that these hearings will lead to increased justice,
expanded understanding and improved living standards for the
American Indian, who really is the original American.
We express the hope that the hearings will provide oppor-
12
tunities for Indians to be included in all areas of the society.
We feel that Indians do want to participate. We have had
their expressions in our city council meetings, their desire to
have increased involvement in local government, and we are at-
tempting to involve them in our boards and commissions so that
they may feel the spirit of citizen participation in local govern-
ment.
We feel that there is such a rich cultural heritage here and
such a great desire on the part of the Indians from every
evidence I have had, from every expression I have observed,
that there is a tremendous desire, and I feel that these hearings
will take a great step forward in expanding significantly the
horizons of opportunity for the Indians in our society.
Thank you very much.
Commissioner Freeman. Thank you, sir. You may be excused.
One of the very valuable resources of the Civil Rights Com-
mission is the State Advisory Committee in each State. We would
like to invite now the Chairman of the Arizona Advisory Com-
mittee, Mr. Jose M. Burruel, to be the next witness.
Mr. Burruel, will you remain standing, please?
(Whereupon, Mr. Jose M. Burruel was sworn by Commissioner
Freeman.)
STATEMENT OF MR. JOSE M. BURRUEL, CHAIRMAN, ARIZONA
STATE ADVISORY COMMITTEE TO THE UNITED STATES
COMMISSION ON CIVIL RIGHTS
Commissioner Freeman. You may be seated.
Mr. Burruel. As chairman of the Arizona State Committee to
the U.S. Commission on Civil Rights, it is a pleasure to wel-
come Commissioners Freeman and Ruiz to the State of Arizona.
It is with both sadness and joy that I extend this welcome
to you: with sadness because of the conditions affecting our
Indian brothers and sisters which makes this hearing necessary;
with joy because of the hope which this hearing gives that those
problems shall not be tolerated in this State and in this Nation.
This hearing shall examine several issues of immediate con-
cern to Indians residing in Arizona — education, employment,
health care services, and the administration of justice. Indian
citizens do not enjoy their full and equal measure of these
rights.
Infant mortality rates among Indians are higher than for any
other racial or ethnic group. Indian life expectancy is 6 years
below the national average of 70 years. The inadequate or poor
quality of health care services available to Indian communities
contributes to these and other health problems.
Indian children can often expect to attend schools which do
not prepare them for the technological world we live in. In-
13
dian schools have low achievement and high dropout rates. Bi-
lingual education programs are frequently unavailable to Indian
children who may enter school with little knowledge of the
English language. Indian parents often do not control the Bureau
of Indian Affairs' schools which their children attend.
The employment picture for Indians is dismal. For all too
many people employment simply does not exist. Others are rele-
gated to low-paying, low-opportunity positions. Few employers
throughout the State, including State and Federal Governments,
have strong, effective, affirmative action programs. Consequently,
very few Indians are found in professional and decision-
making positions. Similarly, normal promotion patterns do not
exist for many Indians.
Many Indians in the State of Arizona do not believe that In-
dians receive equal and fair treatment in the administration of
justice. Indians, it is felt, are charged excessively high bail,
receive inadequate legal assistance, and receive harsher sentences
than other community residents. Concern is also expressed that
trial juries are selected from lists which do not reflect Indian
population figures. Moreover, jurisdictional disputes between In-
dian, State, and Federal justice systems generally work to the
disadvantage of Indians. The end result of such denials is that
Indians do not feel that they get a fair shake in the administra-
tion of justice.
A double standard of justice cannot be tolerated in a society
having democratic principles. Your decision to examine these
problems now is very important. Solutions to these problems are
greatly needed. We expect that this hearing will lead us to those
solutions.
The rights of native Americans have been abused far too long.
While we cannot replace what has been destroyed or lost we can
move now to protect the rights of Indians.
It is to this task which the Arizona State Committee welcomes
you.
Thank you.
Commissioner Freeman. Thank you, Mr. Burruel.
We would now like to call Mr. Vincent Little, the Superin-
tendent of the Phoenix Indian School. He will welcome us. I
would like to say, Mr. Little, on behalf of the Commission,
that we are deeply grateful for the use of these facilities. Will
you stand and be sworn?
(Whereupon, Mr. Vincent Little was sworn by Commissioner
Freeman.)
STATEMENT OF MR. VINCENT LITTLE, SUPERINTENDENT,
PHOENIX INDIAN SCHOOL
Mr. Little. Members of the Commission; Honorable John
Driggs, Mayor of Phoenix; Tribal Leaders, parents and guests:
14
On behalf of the students, the staff, and the All Indian Inter-
tribal School Board, it gives me a great pleasure to welcome
you and the United States Commission on Civil Rights to the
campus of the Phoenix Indian High School.
The Phoenix Indian High School is one of the off-reservation
boarding schools operated by the Bureau of Indian Affairs which
serves students from the Southwestern part of the United
States.
The school has been in existence since 1891 and presently
has an enrollment of approximately 600 students in grades 7
through 12 who represent 19 separate tribal groups, primarily
from Arizona, California, Utah, and Nevada.
The school is an accredited high school under the North
Central Association and offers a comprehensive program to our
students.
I might add that for the past 3 years the Phoenix Indian
High School has operated under the guidance and direction of
the Phoenix Intertribal School Board which represents the major
tribes being served.
We hope that our session will be successful and productive
and will be of great benefit to the Indian people of our country.
Thank you.
Commissioner Freeman. Thank you, Mr. Little.
The next group of witnesses are designated as overview wit-
nesses.
We would like to call Mr. Donald R. Antone, Sr., President
of the Intertribal Council of Arizona.
Will you remain standing, sir?
(Whereupon, Mr. Donald R. Antone, Sr., was sworn by Com-
missioner Freeman.)
STATEMENT OF MR. DONALD R. ANTONE, SR., PRESIDENT,
INTERTRIBAL COUNCIL OF ARIZONA
Mr. Antone. Members of the Commission, Honorable Mayor
Driggs, Fellow Tribal Leaders, Ladies and Gentlemen: As I under-
stand the purpose of this meeting, it is "to collect information
concerning legal developments constituting a denial of equal
protection of the laws under the Constitution because of race,
color, religion, or national origin. . ." Specifically, these meet-
ings address themselves to the problem of American Indians in
the States of New Mexico and Arizona.
Speaking for myself and, I am sure, all of those represented
on the Intertribal Council of Arizona, these efforts in our be-
half are very much appreciated. In saying this, let emphasize
an important point:
The Intertribal Council is an organization of elected officials
of 16 organized, reservation-dwelling Indian tribes. The people
15
we represent have many problems, some of our own genera-
tion and some thrust upon us by the community around us.
Today we are pleased to talk with you a little about these prob-
lems and their possible solutions.
Additionally, we recognize that there are many city-dwelling
Indians in Arizona whom we do not represent. Many of their
problems are similar to ours and many are not the same. We
are sympathetic to their needs. We hope that we can be helpful
to them in solving their problems. But we do not pretend to
represent them. We don't understand their problems as well as
they do, and they have very able spokesman who can speak in
their behalf.
I think it is very important that this distinction be made
clearly in your minds — that is, the distinction between the ur-
ban and the reservation-dwelling Indians of this area.
I believe that one of the very important factors contributing
to the problems of last week in the Bureau of Indian Affairs
office in Washington is a lack of realization on many people's
part that there is a real difference between the needs and desires
of these two groups of American Indians, though there is a real
question in my mind as to whether or not those people in Wash-
ington really represented anyone but themselves.
When any of us choose to leave the reservation and enter
the mainstream of American life, we must realize that we are
trading some of the advantages of the living on the reservation
with our tribal people for the advantages of life off the reserva-
tion. This is a choice we have which many of you don't enjoy.
Now, having made this separation, let me address myself to
the relations between Arizona's reservation Indians and the non-
Indian communities of the State.
Going back a few years, about 6 to be exact, because of the
U.S. Supreme Court's famous "one man, one vote" ruling, the
nature of the Arizona Legislature changed. From that time on,
the legislature has had an urban, Republican majority. The new
legislature began looking at things differently than previous law-
making bodies had done. And, one of the things, they took a new
look at the status of Arizona's reservation Indians and their
lands.
In 1968, for example, we had the first attempt to place a State
tax on Indian lands through the use of a leasehold, or possessory
interest, tax. Fortunately, several attempts since that time have
also been unsuccessful.
Last year there were 10 or a dozen bills in the Arizona Legis-
lature, most of which would have adversely affected reservation
Indians in the State. In each case, on a panic basis, we have
mustered our forces against these bills, and, fortunately, only
one that was harmful passed in this session.
16
As Indian leaders, we began to realize that there was and is a
great lack of understanding between the Indian and the non-
Indian communities of the State. As a result, on many occasions,
we find ourselves working at odds with the legislators of Ari-
zona and with some of the administrative heads of State agen-
cies and on rare occasions with news media people, though I
must say that, in my experience, problems with the media
have been extremely rare.
Let me tell one story which may point up the nature of our
general problems in Arizona. Nearly a year ago, the Papago Tribe
was attempting to come to a settlement with American Smelting
and Refining Company concerning the mining of copper ore on
the Papago Reservation. The tribe and ASARCO, the mining
company, had come to an agreement between themselves in the
situation, and all that needed doing was to have the Federal
court ratify the arrangements.
The Papago did have some trouble, however. A group of so-
called "do-gooders" in the community, led principally by some
university people, felt that the agreement between the Papago
tribal leaders, the U.S. Government, and the private consultants
to the tribe had worked out was not in the best interests of
the Papago people. These "do-gooders" therefore mounted a pro-
gram to try to keep the courts from approving the agreement.
In some cases this attitude in the community, held by some
private citizens, that they know better what is good for the
Indians than the Indians themselves do, is very harmful. This is
an attitude that many Federal agency people had years ago but
which we have been able to overcome to a large extent in
recent years.
I hope that people in the community who wish to help us will
consult with us first and then do these things which we decide
are in our best interests. We may be wrong in some matters,
but, "Mother, we would rather do it ourselves."
Now back to my story. One of these university "do-gooders"
was giving a presentation here in Phoenix on this Papago-
ASARCO settlement situation. At the end of his presentation
he called for questions and comments. One of the members of
the audience responded: "I have seen the poor living conditions
on that part of the Papago Reservation. Don't these people need
the income from these mines to improve their standard of living?"
In reply to this another member of the audience is reported
to have said, "Yes, but it takes so little to please them !"
Frankly, this type of paternalism, which is the attitude of
some few members of our community, is appreciated for its
good intentions but not for its results on our Indian way of life.
We are educated, adult, and in some cases mature members
of society, and we feel capable of making the decisions that are
17
meaningful to us. We hope that we can sell this concept to the
community at large.
Now, for the past few minutes I have addressed myself to
some of the major problems of Indians in the Arizona commun-
ity. There are others, of course, of a specific nature — education,
welfare, taxation, industrial development, employment, roads,
transportation, law and order, agriculture, health, housing, legis-
lation, alcohol and drugs, to name a few. What can be done
about these things? What should be done? And, most importantly,
what are we doing about them?
We have based all of our actions on the premise that the
best solution to man's problems with man is through mutual
understanding. Therefore, as elected leaders of the Indian com-
munity in Arizona, we have initiated contacts with those State
and community leaders with whom we wish to improve our
understanding. We have gone to the Legislature, the Governor,
the heads of Arizona State agencies, and to the news media
with our part of the story.
September 21st of this year, we held the first regular meeting
with these people. More than 150 of us met to discuss problems
of mutual interest. At this time, we established four committees,
each made up with representatives from the reservations and
from the State Legislature, the State Administration, the Federal
agencies, and the tribal leaders themselves.
These committees have addressed themselves to what we con-
sider the four areas of most critical need — education, welfare,
industrial and tourism development and taxation and services to
Indians by the State of Arizona. Since that time, these commit-
tees or subcommittees of these groups have met to further dis-
cuss the problems and to gather information on the subjects
involved.
Frankly, we feel that we have been able to open up new ave-
nues of communications with these people and that progress so
far would indicate that there is real reason to hope that progress
can be made on this level. We certainly hope so. We are dealing
with these people in good faith and believe that they are re-
sponding in like manner.
Six months or a year from now we will be able to give you a
better idea of how this program is working out. We hope that
this type of activity will work and that we can avoid lawsuits
and Federal intervention.
In an associated but somewhat different area, we have ini-
tiated an Indian public relations program. This program is de-
signed to let the communities of Arizona know what we are
thinking and what we are doing. While our funds for financing
these programs have been extremely limited, the results to date
have been very promising.
18
Frankly, this is our largest need — that is, the need for funds
to finance the programs that we have going for us. If someone
wants to help us, assisting us with the financing of the pro-
grams we are now starting, it will be greatly appreciated.
This is the extent of my statement, and I thank you for the
opportunity of being able to speak with you.
Commissioner Freeman. Thank you very much, Mr. Antone.
I would like to call the next witness who is Miss Veronica Lee
Murdock, the Vice Chairperson, Colorado River Tribal Council
and Secretary-Treasurer, Intertribal Council of Arizona.
She will be accompanied by Mr. Antone Gonzales, who is
Chairman of the Colorado River Tribe.
Will you stand, please?
(Whereupon, Ms. Veronica Lee Murdock and Mr. Antone Gon-
zales were sworn by Commissioner Freeman.)
STATEMENT OF MS. VERONICA LEE MURDOCK, VICE CHAIRMAN,
COLORADO RIVER TRIBAL COUNCIL AND SECRETARY-TREASURER,
INTERTRIBAL COUNCIL OF ARIZONA, AND MR. ANTONE GONZALES,
CHAIRMAN, COLORADO RIVER TRIBES
Commissioner Freeman. Thank you. You may be seated.
Ms. Murdock. We would like to thank you very much for
being invited here today to speak with you and to the people
and guests you invited to attend the civil rights hearings also.
My name is Veronica Murdock, and I am a Mojave member of
the Colorado River Indian Tribes located in Parker, Arizona.
Mr. Gonzales is the Chairman of the Colorado River Indian
Tribes, and we appreciate very much your interest and hope
that your interest will be a continuing one in Indian problems.
I think the tribes are presently making strides, even though
many pitfalls are put before them, and it is hoped that you will
be able to help cover some of these pitholes and clear the
path so that the Indians can become self-sufficient on their
various reservations.
I know that you have stressed the areas that you would like
input on as health, employment, administering of justice, and
education issues. At this time we really don't know who you
have as witnesses — I don't think it was probably necessary to
tell us — but we feel that there are important areas that you
need to be made aware of, and we hope that you do have the
people here that will cover them.
But we would like to give you a general overview of what
we feel in these areas are problems not only relative to our tribe
but that we feel the other tribes share.
In one of the areas, employment, we're having major problems
now on our home reservation. We feel that the BIA has been
19
negligent in implementing its own inhouse merit promotion
programs.
We have people who have worked on our reservations for
years and years. One gentleman that I have in mind has
worked for 17 years within a certain department. He has
never received any training of any kind. When promotions did
come up, it was taken upon his supervisors — because they felt
he was a troublemaker and otherwise because he stood up for
safety programs and other things within that department — to
see that he did not get these promotions. He was either not
advised of the job openings or the supervisor took it upon himself
to write in qualifications which he could not meet.
I think if you are not aware of some of the reservation prob-
lems we have, many of the employees that are hired on our
reservation and other reservations are of a temporary nature.
This allows supervisors and other people in charge of them to
set up their own little dynasties and kingdoms where if these
people feel they are not treated fairly, if they are held back — And
I think in some cases there's been physical violence and threats.
And yet these people will not come up and say anything because
they are temporary employees and the livelihood of their fam-
ilies, of themselves, depends very much on these jobs.
Therefore, you do not get people coming out and saying what
is happening to them.
As far as I know, several people on the reservation have
worked for 8 years as a temporary employee. But some of them
just work from year to year, and they are not put back on
because of conflicts with the supervisor, and so this is one —
Commissioner Freeman. Are these BIA employees you're talk-
ing about?
Ms. Murdock. Yes.
Commissioner Freeman. Bureau of Indian Affairs?
Ms. Murdock. Yes. And I think with these promotional op-
portunity bulletins that are put out, the process is sometimes a
farce. Because local supervisors are allowed to interject certain
job qualifications which automatically exclude people that they
don't want to work or they don't want in a supervisory capacity.
We have had people, our own people, who have trained the
ones that the Bureau brings in. They train them. They do their
job. And they say, "You know, maybe we're stupid, but, you
know, we try to help them out when they bring in a stranger
from the outside. We have to end up teaching him the job."
So I think that at the local agencies they have the equal
employment opportunity counselors set up there, but really they
don't know what their job is. I think that they were established
over a year ago, and just this past month I think they received
20
their guidelines and what they were supposed to be accomplish-
ing.
So to me it's kind of — They set these things up but they
are just token programs, and they don't really accomplish what
they should when they themselves don't even know what their
jobs are.
So I think certain investigations should be set up possibly not
within the Bureau but someone from the outside coming in and
taking a look at these jobs periodically to evaluate the job, and
not only the job but the individual in that job, because I know
that there are people who don't receive the pay who are doing
certain jobs of their supervisors.
And if we can get rid of some of these supervisors who are
holding back some of our Indian people, I think we'd be a lot
better off.
I have two examples, and I don't know whether I should men-
tion names or not, but there are two —
Commissioner Freeman. Do not mention the names.
Ms. Murdock. Okay. There are two outstanding examples of
what I mean. There was one gentleman who has been employed
by the Bureau for 29 years. He's presently a GS-8. He has never
had training except for a very, very minor 2-week training. And
he has put in for promotions, and he has been constantly striving
to get ahead, but for 29 years he is a GS-8. That's what some
people go in as today.
There's another example of a gentleman who worked for 20
years. He is a GS-9. He has worked 15 years as administrative
manager. These are local Indians. I'm talking about Arizona In-
dians in the Arizona Bureau system. And he has passed his
GS-11 Civil Service exam and he's requested numerous transfers
which have never been accepted.
So, you know, I really think that the training potential of these
employees should be investigated to make sure that the people
that do, and want to, move ahead. They're usually stymied, and
it's not for individual reasons. It's because of the system.
In education we feel that the Johnson-O'Malley funds are being
used not for Indian students but for just the general budget pro-
gram needs, and we feel that there is need for better monitoring
of JOM monies.
I think that in our local area, which I have to talk about, there
are no Indians on the school board, and I think this year was the
first time that an Indian ran for the school board and, unfortu-
nately, lost. But the school board has closed meetings in northern
Yuma County, which we do not feel is right. And they act like
the information is top secret. They feel that it shouldn't get out.
I know that there have been some people — and these are not
necessarily Indians — who have taken an interest but they are
21
shut out of the meetings. And they gave up telling when the
meetings were being held because they didn't want people to
attend them.
And I think communication between the school boards and the
people of the community is very important. And this just is not
getting out to the people at all. I think you'd have more people
interested in running for school boards and more Indians if this
information would get out.
I think that all the statistics point out that the educational
system of the Indians is very poor and needs some investigation.
And I think we need a better screening of teachers who will be
working directly with Indians in Indian schools, and in other
schools where Indians are in attendance. And I think that some
professional help needs to be given to some of the Indian students,
also.
My chairman is going to cover administering of justice and
some of the problems that our tribe has — and we know other
tribes have — with Public Law 280 and other cases.
Mr. Chairman.
Mr. Gonzales. Thank you, Veronica. As you know, part of
our reservation is in California, across from Arizona, and that
we are administered under Public Law 280. We are having prob-
lems on the California side because of this Public Law 280, and
this is in law enforcement. Our Indian police have no jurisdiction
on the California side, and this makes it a problem where we
have influx of people from the southern part of California com-
ing in on holiday weekends, and that we do not have the power
to have these people arrested when they are doing wrong.
But yet I feel that we should do something about it because of
the fact that my people are getting harassed and so forth by
the non-enforcement of the California police. It's Riverside
County and San Bernardino County. Problems arise from mari-
juana smoking, dope addicts coming in there, and so forth. We
feel that there should be something done about the Public Law
280 where we can get enforcement of Public Law 280, particularly
on our reservation.
In another instance, we have trailer courts and so forth, that
get harassed by not conforming to the California building
codes, and so forth; non-Indians living side by side having the
same kind of business, they don't bother them, but they are
really bothering us and really harassing us into conforming with
this code.
And we feel this is kind of an injustice, too, if the non-Indian
is not getting the same treatment.
I would like to change the subject and go back to the employ-
ment Mrs. Murdock was talking about. I would like to point out
a few of the things that she maybe forgot.
22
You know, when there's job openings or there's a chance for an
advancement, the job descriptions are rewritten and our people
don't have a chance to get on these good jobs. The job description
is rewritten just so that they can get somebody they actually
want in there even though they are not qualified to do so.
And we are having this problem right now with our power
system. We have two gentlemen in there who are not cooperating
with the Indian employees. We have asked the superintendent to
do something about this 3 or 4 months ago, although it's been
going on for 4 or 5 years, but nobody does anything about it. They
change superintendents, the new superintendent we have now
has been reluctant to do anything about it, and yet we are losing
money by the low morale of Indian people working on this power
program that we have with the Bureau. And we feel that there is
discrimination towards Indian employees with the Bureau.
Thank you.
Ms. Murdock. You know, I think that one of the major excuses
that the Indians receive when they do put in complaints about
employees that they feel are not working towards the best in-
terests of the tribe is that they're on civil service status and it's
very hard to get rid of them. But I just can't see where anyone
that is not wanted by the tribes — Some of those people, you
know, I even hate to see them transferred to other Indian reserva-
tions, because I really wouldn't wish the kind of people that we
are trying to get rid of keeping Bureau employees — I wouldn't
wish them on my worst enemy.
So I really feel that perhaps this possibly needs to be looked
into because I think the biggest excuse is: "We can't ship them
out, you know." It seems to me they have more power than the
people who are supposedly in power.
And I guess if they wait for another job opening on another
reservation or somewhere, well, I feel sorry for the other reserva-
tion. But we are attempting to get rid of some of the employees
that are just, we feel, very detrimental to the interests of the
tribe.
I think in the health field we have major problems on our
reservation. We received what we thought was a lack of funding.
And another one of the favorite excuses, I think, of people is they
can blame it on the higher echelon. And to me this is them not
performing their duties on the local levels or at the area levels
for the Indian people on the reservations.
And I think that if you could come out and inspect or investi-
gate some of the conditions of the hospitals on the reservations,
you would see exactly what we mean.
Like the structure in which our hospital is. I don't know really
what to call it. It was built in 1940 and it is still standing. And
there has been one major addition.
28
But I think one of the major problems, too, that all reservations
have is that doctors change every 2 years and that many times
we have come across excellent doctors and I think many, many
times that they probably would perform a better job, but they
are constantly having to do all this paper work and fill out all
these forms. And the Indians are constantly being surveyed. So
they are stymied, in a way, in doing their job.
And then, of course, with the lack of funding there is poor
service. There is very little followup and just general lack of
reaction to many of the complaints in their employment depart-
ment.
Oftentimes, the advertisements of the jobs are not sufficient
to allow the Indian people to apply for the jobs.
In the area of welfare we have a number of problems. The fact
that in our area served by the county they come out once a
month — I think once a month — and on a certain day — and they
don't have any permanent office setup. They come in and they
utilize the tribal building. But we have all the people coming in
on this one certain day. And there's very little followup — people
not contacting them enough. I think these are people that gen-
uinely need help, and in a way they are neglected.
Another area which is giving our people a lot of problems is
that lease income is prorated. Therefore, it cuts down on their
welfare payments, and this really does create a hardship for some
of the families, because, if you can understand the whole thing,
many of them are paying for their homes and other major ex-
penditures out of those lease monies, and yet that money is pro-
rated ; so an individual is given $17 from the welfare department,
which doesn't even begin to cover what his needs are.
I think that we are having the same problems with the food
stamp program. Yuma County promised to bring out people who
knew how to fill out these enormous forms. I don't know whether
you have ever seen them, but they are quite lengthy. And some
of the information is very personal. I think that it's hard for
anybody to relate this kind of information to a stranger or
someone that you don't even know. There is a reluctance on the
part of our people to say, "We don't want to fill out those
tremendous forms," you know. And really, I can't see why the
filling out of all the forms — I don't see why you have to know
some of the background information, how many times they have
been married, you know — Why does that kind of information
have to be given in order for you to get food stamps and to get
some food in your stomach?
So I think that some of these things need to be looked into, too.
As far as the State program, they cannot — The county program
cannot provide the services that it should to the Indian reserva-
24
tions when they have no office setup or anything like this on the
reservations.
I think Don Antone covered some of the problems that we are
having with taxation.
I think our capacity for living on our respective reservations
is being threatened by the State and other forces with their
wanting to come in and tax the reservations. Yet it seems like we
are constantly having to prove that we are citizens of this State
and of this nation, and I don't see why we should have to, because
those things go along with living and were provided for in the
Arizona Constitution and rules. I guess we have millions and
millions of rules and regulations that apply to the Indians, and
this sometimes stymies the Indian movement, because when we
are constantly being surveyed, constantly being checked on regu-
lations, this type of thing, it's sometimes— If someone really
wanted to give us a hard time it would be impossible to move.
It just seems like when you're an Indian there is a second set
of laws or a second set of standards set up for you. And I really
feel that it's important that you come out and take a look at not
only these but other areas.
And I'll repeat that we appreciate very much your interest,
and we hope that it will be a continuing one.
Mr. Gonzales. I would like to make a few comments on the
Public Indian Health Service. We find it's inadequately funded.
And just about 2 or 3 weeks ago we got notice from the adminis-
trative officer down at the Parker Indian Hospital that it may
close its doors before the year was out and that they were run-
ning out of operating funds. Part of my Council came up here
and had a meeting with the Public Health Service, and they said
that they were going to go ahead and operate on getting some
more funds, but our Indian people go to the hospitals there and
some of them are pretty sick, and they sit there for hours wait-
ing for the doctor to show up to see what is wrong with them.
And when they do diagnose what it is, they give them a little
bag of aspirins and send them home, you know, and this is it. In
some cases the Indian people are real sick and need attention. Yet
they turn them and tell them to go back and they will be all
right, that it's a mild cold or something like that. I feel this is
not right, you know.
I have seen — I have visited the hospital a couple times and
found a couple of my people sick and I felt that they should have
had better services than that. I brought this to the attention of
the doctor on duty, and he says, "I can't do anything about it.
We will just have to see what happens."
I said, "If you can't do anything, why don't you fly her or
him to Phoenix and maybe they can help her in Phoenix? And,
well, in this one case, she got flown in and died 2 days later.
25
I felt that if somebody was qualified to make the decision to get
some doctoring done that — I don't think we would have this.
We have young doctors coming in there for 2 years. I call
them "90-day wonders," you know. I was in the Navy, and I
used to call "90-day wonders" officers that came in in 90 days and
out again. But, anyway, I call them 90-day wonders. And we're
not getting the service that we should be getting from the
Public Health Service.
We have had our hospital condemned by a survey team from
Washington. We put in for a new hospital and for some new
doctors, and they had a survey team come over and say that the
hospital is inadequate and doesn't have the facilities or operating
facilities and so forth. So we had these comments. That was
taken back to Washington, and nothing's been done about it, and
we are still waiting. But we have been crying for a resident
doctor that my people would have confidence in, and there would
be more service provided to them through the Public Health
Service.
And that's about it.
Commissioner Freeman. Thank you very much. You may be
excused.
I would like at this time to introduce two young women who
are serving as consultants during this hearing. The other persons
who are members of the staff and who are serving in various
capacities have been identified and introduced. However, we
failed to introduce the others, and I would like to do this now.
We have serving as consultants to this hearing Miss Abby
Abinanti, who is a member of the Yurok tribe of Northern
California, a third-year student at the University of New Mexico,
and Miss Vicky Santana, a member of the Blackfeet tribe of
Browning, Montana, who is also a third-year student at the
University of New Mexico. Law students, I'm sorry. I want to
make it very clear they are law students at the University of
New Mexico.
You may just stand so they will know who you are.
And now we will be going into more intensive study of various
areas. The next subject area is health. I would like to first be
sure that the next series of witnesses are present, so if you are
present will you stand as I call your names just where you are
so we will know you are here?
Mr. Gus Greymountain. Miss Julia Porter. Miss Rose King.
Are all three of you here? Then will you come forward, please?
Will you remain standing until you are sworn ?
(Whereupon, Mr. Gus Greymountain, Miss Julia Porter, and
Miss Rose King were sworn by Commissioner Freeman and
testified as follows: )
26
TESTIMONY OF MR. GUS GREYMOUNTAIN, COMMUNITY
EDUCATION LEADERSHIP SPECIALIST, NATIONAL INDIAN
TRAINING RESEARCH CENTER; MS. JULIA PORTER, RETIRED
NURSE, INDIAN HEALTH SERVICE AND MEMBER OF PHOENIX
INDIAN MEDICAL CENTER INDIAN ADVISORY BOARD; AND
MS. ROSE KING, EXECUTIVE DIRECTOR, PHOENIX INDIAN CENTER
Commissioner Freeman. Mr. Powell, you may proceed.
Mr. Powell. Will you each please state your name, tribal
affiliation, address, and occupation for the record beginning with
the lady on my left, Miss King?
Ms. King. First of all I'd like to say welcome to the Com-
mission. I'm Hopi-Cherokee, was born on the reservation here
in Arizona, and I am the director of the Phoenix Indian Center.
Ms. Porter. Thank you for coming here. I am Julia Porter.
I'm an Oklahoma Indian, have lived here in Phoenix many years.
At the present time I'm not employed.
Mr. Greymountain. My name is Gus Greymountain. I'm a
Navajo from here in Arizona. I have been living — I guess you
could call me an urban Indian, even though I hate that
distinction — I have been living here in Phoenix for a number of
years. I am presently employed by the National Indian Training
Research Center in Tempe, Arizona.
Mr. Powell. In what capacity are you employed?
Mr. Greymountain. Well, I'm working for a program that is
supposed to develop community education leadership specialists.
Whether or not it's doing that I'm not sure.
Mr. Powell. Mr. Greymountain, would you please describe
your duties as a community education leadership specialist? What
do you do?
Mr. Greymountain. I work in Indian communities across —
you know, in different States. And we go into these communities,
and our function is that we at first help the community to
identify their leaders, and then we help these people to develop
the expertise or the ability to operate their own educational
programs. Last year I was working here in Phoenix for the Ad
Hoc Committee of the Community Council, the Phoenix Urban
Indian Project, at which time we did a report for that Ad Hoc
Committee. It's this report that I'm going to speak on now.
Mr. Powell. On the basis of that study, would you please de-
scribe the status and condition of the Phoenix Indian community?
Mr. Greymountain. Well, the status? What do you mean?
Mr. Powell. The problems, the—
Mr. Greymountain. Oh, there are many problems I guess, but
I guess the two outstanding ones, the ones I am going to speak
on now, or address myself to, are those of alcoholism, the high
arrest rate — the number of Indians arrested, and the failure
or inability of the city to cope with this problem — and the other
is that of employment.
27
In this report I point out that yearly, or annually, there are
approximately 7,000-plus Indians arrested for alcohol-related of-
fenses. Now, this is approximately 25 percent of all arrests —
liquor — I mean alcohol-related offenses. Twenty-five percent of all
of those arrests in this city are of Indian people, and we don't
make up that much of the city's population.
Mr. Powell. Would you tell us what is the population? What
are the statistics?
Mr. Greymountain. No one knows for sure. It could be any-
where from 7,000 to 12,000, but I think more or less an accurate
figure would be 11,000 right now.
Mr. Powell. What is the name of the report you are dis-
cussing?
Mr. Greymountain. It's just the Phoenix Urban Indian
Project.
Mr. Powell. We have been given a copy of that report, have
we not?
Mr. Greymountain. Yes, you have.
Mr. Powell. Madam Chairman, I ask that report be made
part of the record.
Commissioner Freeman. It will be received.
(Whereupon, the document referred to was marked as Ex-
hibit No. 3 and received in evidence.)
Mr. Powell. Continue.
Mr. Greymountain. Well, in this report I also — Well, I'll stay
on the alcoholism thing for now. Twenty-five percent of all the
alcohol-related offenses, of all the people arrested for those alcohol-
related offenses, 25 percent of them, are Indian. We don't make
up 25 percent of this city's population. Now, 50 percent of all
women arrested for alcohol-related offenses are Indian. And 25
percent of all the men arrested for alcohol-related offenses are
Indian men.
Now, I have been to the city, I have talked with the city gov-
ernment on this, and they come up with the same — They have
the same out, their way out.
Mr. Powell. Why do you suppose those figures are so different
for Indians as opposed to other citizens of Phoenix?
Mr. Greymountain. Well, there's a number of reasons. I guess
one of them is that the Indian person when — He's not familiar
with the court system. There isn't anyone there within the city
jail to work with him. And also the other is the city saves a lot
of money on the compound.
The compound is a correctional facility out here on the out-
side of town by the freeway. They save a lot of money running
that facility because they have a lot of institutionalized Indians
that are frequently arrested. They sentence these guys for 60
days at a time, and they send them out there and they are cooks
28
and guys that run the farm out there or they are barbers. A lot
of the "trusties" that work at the city are Indian men. In fact,
most of them are.
Mr. Powell. Is it your view that city police arrest Indians under
circumstances in which they would not arrest Anglo citizens?
Mr. Greymountain. Yes, I'd say that, and I know it for a fact.
It would be kind of hard for me to prove it, but I know it. And it's
just a subtle form of racism. That's the way they express it.
They don't have any signs up saying "No Indians Allowed," but
they get back at Indians in other ways.
The other thing is I talked to them. I said, "Why don't you
establish an office within the city government, an Indian desk,
have a direct liaison, a contact with the urban Indian commun-
ity?" _
And they said, "Well, we can't do that because of one thing,
because if we did that we'd have to do the same for the Chicanos.
We'd have to do the same thing for the blacks. We can't organize
a special desk for you, a special office for you, because that would
set the blacks off."
Well, I want to ask the city what do they think the OIC is?
And what do they think the LEAP organization is? They're
both dominated by the blacks and the Chicanos. I'd like to ask
Mayor Driggs or whoever his representatives are what they
could do for us in that area, you know.
The other thing is I also looked into the employment. The
report, I'm sure that you have it now. The State employment
office doesn't have anyone to work directly with Indians. At least
they didn't at the time I did the report, and I'm pretty sure
they still don't have anyone.
The Phoenix Indian Center has a job bank tape that they play,
and I don't know how effective that has been. They do manage to
place some people in jobs though.
City government in Phoenix in 1970-71 employed 51 American
Indians out of a total of 5,413 employees, and this is approxi-
mately 9 percent. The majority of these workers were operatives,
semi-skilled. There were no Indians in administrative or pro-
fessional positions. Of the 51 Indians employed by the city, 32 of
those worked in water and sewers. Now, this to me, you know,
hints very strongly at institutional racism.
To cite a few departments where there are no Indians em-
ployed: the city court, the fire department, human relations,
city manager's personnel, planning, public housing. The police
department, I think, has a couple of Indians on now. The last
time I talked with them they said they had a couple, and maybe
one going through school.
Because of the high number of Indians going through courts
and then to jail, I feel that they should have some people working
29
at the jail, because there are a lot of Indians that get beat up
there. I mean they're not here. They probably won't come for-
ward and testify, but I have talked to some of these people, and
they say that they get beat up, they get roughed around in the
drunk tank, say, and then when they go to court there's nobody
to advocate for them there. They don't understand the process, so
when they get up, they're asked, "Guilty or not guilty?" and
they say, "Guilty," and then they are sentenced to jail. They
don't know that sometimes they can be eligible for bail on their
own recognizance.
Mr. Powell. Miss King, would you describe for us the pur-
poses of the Phoenix Indian Center?
Ms. King. Yes. The Phoenix Indian Center is funded through
OEO. We also receive funds from the United Way and private
donations. And we are the instrument in the city of Phoenix
that helps the Indian make the transition from the reservation
way of life to the urban way of life. We have to assist the
Indian in orientating to the community at large. When he is
on the reservation he goes to the BIA school or mission schools.
When he comes to the city we have certain school districts
and areas that are set about by demographic forces. He also
has to learn where to go to shop. For the first time, sometimes,
he has to learn to pay the utility bill, where to go, where to
make the deposit.
In this transition we try to find housing for the Indian. We
try to find adequate employment. We try to counsel him. We do
have a job bank monitor that is owned by the Arizona State
Employment Service. We also do youth counseling. We have a
program for senior citizens. We are the social agency, you might
say, for the Indians who are coming into the urban area.
Mr. Powell. Indians coming from reservations often have
what might be described as cultural problems adjusting to the
urban life? Is that correct?
Ms. King. Yes, sir. And all this comes under the word "transi-
tion."
Mr. Powell. Mr. Greymountain, I take it that one of the major
points in the area of health was that when these Indians are
arrested for drunkenness there's no facilities at the jails nor is
there any program designed to take care of that on that occasion ?
Is that correct?
Mr. Greymountain. Yes, that's correct. I see this as the
responsibility of the city. It should be up to them to develop a
comprehensive alcoholism program or some kind of facility, de-
toxification facility, and they haven't done that. And this, to me,
is — They're ignoring us, and they have constantly done this to
us.
Mr. Powell. Miss King mentioned cultural problems that res-
30
ervation Indians have when they come into the urban areas leav-
ing the reservations. Would you care to comment on that, Mr.
Greymountain ?
Mr. Greymountain. Cultural problems?
Mr. Powell. Yes, Problems in terms of the different culture
they are entering.
Mr. Greymountain. Well, you know, a lot of it has to do
with, like, on reservations things are more relaxed. Like we
don't have to punch a clock, this sort of thing. Now, Indians have
a hard time getting used to that, that they have to be somewhere
at a certain time. And this is the way that the predominant
society operates now. Time, you know, is money, and Indian
people have a difficult time relating to that or understanding that
concept because it's not them. The other thing is that in this
predominant society everybody is out for materialistic things, and,
as Indian people, I guess we just haven't been living that way.
Mr. Powell. Miss King, Mr. Greymountain mentioned ad-
ministration of justice problems. Do you have any comment in
that area?
Ms. King. Yes, I do. We, too, find at the Phoenix Indian
Center that Indians, because of their cultural differences, do run
into problems. One is that when he's picked up and arrested, he is
not always drunk. Maybe he stumbles and falls. He does not have
social clubs or private bars in which to drink. So if he's found
on the street staggering, many times he's picked up.
He does not always understand that he has rights as a citizen.
Many times he does not even understand English. We do have
people that go to the courts from the Phoenix Indian Center to
try to assist and interpret. We have found in working with the
person that is picked up that he does not understand what they
are trying to tell him. They will ask him, "Do you know that you
were picked up for public intoxication?" They don't know what
that means. If someone would say, "We picked you up because
you're drunk," or, "You're a vagrant because there's no money in
your pockets," then he would understand.
Mr. Powell. I see.
Miss King, we understand that you are a retired nurse with
the IHS and that you are on one of the Indian advisory boards
and are familiar with some of the kinds of problems that Indians
have at the Indian Health Service. Would you give us a brief
account of that? That's going to be my last question.
Ms. King. Correction. I don't want to interrupt, but this is
Julia Porter.
Mr. Powell. Miss Porter. I beg your pardon.
Ms. Porter. Would you rephrase your question?
Mr. Powell. I understand that you are a retired nurse and
that you either are now or have been on an Indian health advisory
31
board and are familiar with some of the problems that
Indians have. Would you care to give us a brief account of that?
Ms. Porter. Yes, sir. Now, you're talking about two kinds of
Indians over there. You're talking about patients and you're
talking about Indian employees. Is that correct?
Mr. Powell. Yes.
Ms. Porter. Let's start with the patients.
Mr. Powell. Are you on the Indian health advisory board?
Ms. Porter. Yes, sir, I am. I forgot to state that.
Mr. Powell. Which one is that?
Ms. Porter. The Phoenix Service Unit.
Mr. Powell. Okay. Go ahead.
Ms. Porter. The Indian patients come to the board at various
times — come to us with complaints. In the hospital load, the out-
patient is — oh, excuse me. Let me start from the beginning. We
have a new hospital, and when we moved into the new hospital
we just moved into a bigger area. And the personnel on every
department — It seems to me they never have enough people
working there, so when the patients come to the outpatient clinic,
some of them come by appointment, some of them just drop in,
and then they don't understand why they have to wait so long.
These are some of the complaints that they bring to us. Some of
them don't have telephones at home to call if they cannot come.
And then, later on, they show up. Some of them have trans-
portation problems — many of them have transportation problems.
Now are we going to employees of the Indian hospital?
Mr. Powell. Yes.
Ms. Porter. Now, many of the employees have problems.
Mr. Powell. Are they treated the same as other Anglo
employees ?
Ms. Porter. In certain ways, no, sir.
Mr. Powell. Would you care to tell us ?
Ms. Porter. Some of them are being discriminated against.
Someone mentioned here in some other group that they are not
recognized for some of their special talents. They are held back. I
know this. Most of the supervisors are all Anglos. You never see
an Indian head nurse or a supervisor. You see a lot of janitors.
You see a lot of the low grade employees over there. And then
they have problems with their supervisors. If they don't show up
they are given AWOL.
Mr. Powell. Does this happen with Anglo employees?
Ms. Porter. No, sir. If it does, I have not heard about it. The
Indian usually is the one. I'll give you an example. An Indian
low class employee called in the same time an Anglo nurse with
a higher rating called in sick. They did not give the Indian
employee sick leave but the Anglo nurse got the sick leave. I
firmly believe that that wasn't right.
32
When it comes to us as board members, it seems to me that
now our role is we are not to handle personnel problems.
Mr. Powell. But as a member of the advisory board you are
to review policies and give recommendations? Is that right?
Ms. Porter. Yes, sir.
Mr. Powell. These Indian patients, do they complain about
long waiting procedures, and insensitivity of staff and that kind
of thing?
Ms. Porter. Yes, sir, they do.
Mr. Powell. Do they also complain about the quality of the
medicine practiced in the Indian Health Center ?
Ms. Porter. Sir?
Mr. Powell. They also complain about the quality of the
medicine practiced in the Indian Health Center?
Ms. Porter. In some instances, yes.
Mr. Powell. What would you recommend to change these
things ? What would you —
Ms. Porter. Change the whole public health system.
Mr. Powell. How could that be done?
Ms. Porter. By training our Indian people, give them training
so that we can have good bedside care, so we'll have good admin-
istration. We're asking for an Indian administrator now. We have
had an Anglo —
Mr. Powell. You think Indian control, some control by Indians,
would help?
Ms. Porter. Yes, sir. Yes, sir.
Ms. King. Could I—
Mr. Powell. Miss King, yes. What else would you like to see
done with some of these problems?
Ms. King. With regard to the public health hospital through
the center, some of the things that Indian people themselves have
brought to us: That the Indian Health Service was given the
task of setting up this health advisory board 4 or 5 years ago, and
this board would be able to set up policies and have Indian input.
Only until recently — I think this summer or early spring — were
any bylaws even presented or used.
So this seems to be one of the problems. The Indian people
on the board were not always aware how far they could go in
setting policy or how far they could go in helping assist an em-
ployee. Many of the complaints that we have had at the center
is that they are afraid to complain because of a relative or
themselves because they would lose their job.
Mr. Powell. I see.
Mr. Greymountain, what do you think should be done to achieve
Indian control over the health service and other institutions
which affect the lives of Indians?
Mr. Greymountain. Well, I think that the Federal Govern-
33
ment and in particular the Indian Health Service and Bureau
of Indian Affairs should live up to the Indian preference thing.
Mr. Powell. Is there a —
Mr. Greymountain. Start enforcing that.
Mr. Powell. Is there a need —
Mr. Greymountain. We have qualified people now who can take
over some of these positions, but the civil service protects those
we can't get out until they either retire or die.
Mr. Powell. I see. Do you think the Indian community is
sufficiently united to achieve some of these objectives or is
there a need for further —
Mr. Greymountain. Well, I feel if the city of Phoenix — you
know, they recently got some money, this revenue sharing thing —
if they could turn loose some of the money now we could find some
funds to hire a community organizer or community organizers
and work within the Indian community and we could solve some
of our problems if we could get together. And if we had somebody
from within the city that would guarantee us some money we
could develop our own programs, and we'd do it ourselves. This
is what we keep asking them repeatedly and they won't come
through.
Mr. Powell. I have no further questions, Madam Chairman.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. What effort have you made to get some
of that revenue sharing on an organized basis ?
Mr. Greymountain. Well, myself and several other people,
one of them who will be testifying tomorrow, have approached the
city and he'll be talking on this tomorrow afternoon. We have
talked to them, with people within the city manager's office, and
they have answered us — They told us they don't know how the
money is going to be split up yet. They just know that they
have it. This was several weeks ago. I haven't checked into
it since then. But we'd like to develop this office, within the
city government somewhere. Let's develop an office, an Indian
desk.
Commissioner Ruiz. Have you made a written proposal of
any kind so it will be a matter of record? Or simply just talked
to them ?
Mr. Greymountain. We have just talked to people right now.
We're trying to find out the best way to approach this. We talked
to people within the city government. And we see the Phoenix
Indian Center as being the most logical, the most practical
vehicle through which this should be carried out, because the
Phoenix Indian Center is there for us. So we want to work with
them and the city.
Commissioner Ruiz. No further questions.
34
Commissioner Freeman. Mr. Buggs, do you have any ques-
tions?
Mr. Buggs. No questions, Madam Chairman.
Commissioner Freeman. Mr. Muskrat?
Mr. Jerry Muskrat. No questions.
Commissioner Freeman. Thank you very much. You may be
excused.
We will have a 5-minute recess.
(Whereupon, a recess was taken.)
Commissioner Freeman. This hearing is called to order. Will
everyone be seated ?
Will everyone be seated, please? The hearing is in session. Will
you either find seats or continue your conversations in the cor-
ridor, please, outside of this room?
Our next witnesses are Ms. Ella Rumley, Board Chairman,
American Indian Association, and Ms. Carol Parvello.
Will you come forward, please? Will you remain standing and
be sworn, please?
(Whereupon, Ms. Ella Rumley and Ms. Carol Parvello were
sworn by Commissioner Freeman and testified as follows: )
TESTIMONY OF MS. ELLA RUMLEY, BOARD CHAIRMAN, AMERICAN
INDIAN ASSOCIATION, AND MS. CAROL PARVELLO, COUNSELOR,
TUCSON INDIAN CENTER
Commissioner Freeman. Mr. Powell.
Mr. Powell. Would each of you please state your name, tribal
affiliation, address, and occupation for the record, beginning with
the lady on my left ?
Ms. Rumley. I am Ella Rumley. I am a member of the Papago
tribe. I live at 3034 Rocky Vista in Tucson. My capacity here is
chairman of the Board of Directors of the Tucson Indian Center.
Ms. Parvello. My name is Carol Parvello. I live at 542 West
27th Street, Tucson. Papago. And I'm the counselor of the Tucson
Indian Center.
Mr. Powell. We understand you are both residents of South
Tucson and have been active in Indian affairs for many years.
Is that correct?
Ms. Parvello. Yes.
Mr. Powell. Is that right, Ms. Rumley?
Ms. Rumley. Yes.
Mr. Powell. Ms. Rumley, would you tell us something about
the urban Indian population of South Tucson?
Ms. Rumley. Well, I sort of question the term "urban Indian."
In Tucson there were Indians living in the Tucson area long
before the city was founded. The descendants of these people
are still there. And they still live as village Indians. It's not their
35
fault that reservation boundaries were established to exclude
them. Their problems are different from the so-called urban
Indians, the people who have migrated to cities for jobs, etc.
Mr. Powell. So with respect to South Tucson you don't
think there should be a distinction drawn in terms of services
or anything else between Indians on the reservation and Indians
in South Tucson? Is that correct?
Ms. Rumley. That's right.
Mr. Powell. Ms. Parvello, would you tell us something about
the Indian Center?
Ms. Parvello. The Indian Center is sort of a community
place for Indians that have come from the reservation or have
always lived in Tucson. We felt that there was a great need for
some kind of service agency for the Indians in South Tucson.
Before, they never did have any kind of place that they could go
to take part in social activities or getting some kind of assistance
in just living in the city, in Tucson.
Mr. Powell. Why do they need service? What kind of service
do they need? What kind of problems do they have that require
service ?
Ms. Parvello. Assistance and services, I would say, in trying
to gain employment, assistance in legal services, trying to re-
ceive better health care, and educational assistance, receive finan-
cial aid to attend the public schools or to even go on, to high
school as far as that goes.
Mr. Powell. Ms. Rumley, regarding employment opportuni-
ties, are there adequate employment opportunities for Indians
in South Tucson area?
Ms. Rumley. Well, in both South Tucson and the city of
Tucson, the job opportunities are mainly for menial labor. You
don't see Indians in the businesses in Tucson even as secretaries
or clerk-typists, even sales persons. One of the largest govern-
ment employers is Davis Mountain Airfield, and there's only two
Indians, two identified Indians, in the whole place.
We have tried at various times to do some kind of studies on the
attitude of people or businesses in the city to see why there
are no Indians visible in banks and places like that. We have
never succeeded. We have never had a real good answer. One of
the answers that is usually given is that no one applied, no
Indian applied. And yet we know of several cases where Indians
have applied and were ignored.
For instance, in the Model Cities program, there was a need
for a youth worker. Four trained para-professional behavioral con-
sultant Indians applied for that job, and none of them were
even interviewed.
Mr. Powell. You mentioned a Model Cities program. Is there
a model city hospital setup and are Indians treated? Do they
36
have an opportunity to be treated by that hospital? And if not,
why not?
Ms. Rumley. There is a clinic. If not, why not? It's because
there are boundaries and, you know, the people who live in
the area have access to —
Mr. Powell. And Indians are not in that area?
Ms. Rumley. Most of the Indians are not in that area.
Mr. Powell. When that facility was set up, was there not
adequate Indian input to see to it Indians would be treated? Is
that it?
Ms. Rumley. There was none that I know of.
Mr. Powell. Regarding employment opportunities, how do
opportunities for Indians compare with the other groups in
South Tucson area? I take it that there are Spanish surname
citizens and Anglo citizens. Do they have better opportunity for
employment than the Indian citizens ?
Ms. Rumley. Well, I can only use the example that many
years back when the Mexican-American was also excluded from
white collar jobs — Now they're in these positions and they're
very visible.
Mr. Powell. Are Indians employed at all in the city govern-
ment? Are there any Indians there?
Ms. Rumley. I think Carol has some statistics on that.
Mr. Powell. Ms. Parvello?
Ms. Parvello. Out of the total city employment — There's
2,487, but out of that number there are only 26 Indians working
for the city.
Mr. Powell. 2,780 city employees but only how many Indians?
Ms. Parvello. Twenty-six.
Mr. Powell. Twenty-six?
Ms. Parvello. And as for the county figure, there's 2,453, and
out of that there's only 17 Indians.
Mr. Powell. Are there any Indian policemen in South Tucson.
Ms. Parvello?
Ms. Parvello. No.
Mr. Powell. Any firemen ?
Ms. Parvello. No. I don't know how I would explain the
situation in Tucson. There's a city of Tucson and then there's
one part that is called South Tucson. They have their own city
government, their own police department, their own fire depart-
ment. Out of this we have no Indians whatsoever working, even
being on the town council or working as policemen, training to
become policemen and working on the force there, or being gar-
bage collectors. There's no Indians employed.
Mr. Powell. Roughly, what is the Indian population of Tucson
and South Tucson?
37
Ms. Parvello. I think the population for Tucson is something
like 2,000-some-hundred.
Mr. Powell. What is the total population of Tucson?
Ms. Parvello. I really don't know.
MR. Powell. In the order of what— 200,000 ?
Ms. Rumley. I don't know. It's more than that.
Mr. Powell. We can get those statistics.
Ms. Rumley. Well, not only do you have the Indians who have
lived there a long time, but a lot of them in the city who come
temporarily from the reservations, stay for a certain length of
time, and then go back.
Mr. Powell. So it fluctuates?
Ms. Rumley. Yes, so that the 25,000 that we usually quote
is not the total number of Indians.
Mr. Powell. Let's clarify the record. You're talking about the
total number of Indians. You mean 2,500? I think you mentioned
25,000 Indians.
Ms. Rumley. Yes.
Mr. Powell. 2,500 you mean? Is that correct?
Ms. Rumley. Yes.
Mr. Powell. Ms. Parvello, aside from employment, do you
feel that Indians play a meaningful role in social services and other
related city programs in Tucson ?
Ms. Parvello. No., I really don't think so. Like Ms. Rumley
stated about the Model Cities program. As far as poverty pro-
grams go, there's really been no input from the Indian com-
munity in Tucson. And this more or less makes them feel, you
know, that this program really isn't for them. It's not really
doing anything for them. And that's a problem that we are
having now with the Indian Center. Right now we're funded
under the OEO, and even there we really don't have any
participation in planning and carrying out the program.
In the Model Cities program, there's another thing. There is
no citizen participation there, and a lot of Indians don't under-
stand the structure of Model Cities even at the lowest level;
participating in units; being on the board; and then presenting,
you know, the needs, to the Mayor and Council to get some pro-
grams started to help. A lot of people don't understand this,
and they don't feel that they can be a part of it. And, still, at the
same time statistics are used to receive this kind of funding.
Mr. Powell. They are counted to get service ?
Ms. Parvello. Right.
Mr. Powell. — for the city, but the services — once they are
received — the city does not see to it that Indians receive those
services?
Ms. Parvello. That's right.
Mr. Powell. It's unfortunate.
38
Ms. Rumley, with respect to getting jobs, what are some of
the problems, like transportation, lack of education, insensitivity
of employers, that Indians have? Would you care to comment on
that?
Ms. Rumley. Yes. There are some major problems in trans-
portation. Most Indians don't have the means for getting their
own transportation, so it's very hard. There are some require-
ments that one has, for instance, getting to and from a job or
going to and from a place who might hire them. Just in searching
for a job, it's very hard.
The bus system, which I hear has improved some — but it's
very — There are certain areas where there just isn't any bus
service, and so that's one of the drawbacks. You can be qualified
for a motor vehicle operator or something like that, you know,
a menial type position, but if you can't even get there, the job
will go to a non-Indian who has maybe a little more.
In education, there is a large dropout rate. We have problems
from the early childhood when a child goes to public school.
Most of the areas where the Indians go are predominantly
Mexican-American, and there usually is a lot of ridicule and this
kind of stuff.
Mr. Powell. Is any attention paid to special needs of Indian
students ?
Ms. Rumley. No, I don't think so. We are finding high school
graduates who cannot read or write. Most of them are just
pushed on from one class to the next until they drop out, and the
ones who manage to stay in school are given a diploma. But
education is not a good education if they can't read and write.
Mr. Powell. What about the attitude of the State Employ-
ment Service and potential employers? Do they refer Indians for
the better jobs or are they limited to jobs such as maids and —
Ms. Rumley. Most of the people who work for the employ-
ment office in Tucson have sort of stereotyped Indians into the
menial labor, the yard work, the domestic service-type jobs.
They are referred to these types of jobs rather than the others.
That's probably one reason you don't see Indians in clerical jobs.
Mr. Powell. Do Indians have access to poverty type programs?
Ms. Rumley. Like food stamps and things?
Mr. Powell. OEO. Community Action.
Ms. Rumley. The Indian Center is sort of funded, at least
they pay the salaries of two people, but there is no program
money, and whatever money we do get for programs we have to
raise in some other way. Programs like food stamps and some of
the others are not really getting down to the Indian.
Mr. Powell. I'm talking from the standpoint of administering
the program. Are Indians involved in the administration of these
39
programs? Are they directors of any of these programs? Do
they have significant positions in any of these programs?
Ms. Rumley. No. Just the Indian Center.
Mr. Powell. I understand that you are equal employment
opportunity officer with Indian Health Service. Is that correct?
Ms. Rumley. Yes.
Mr. Powell. What kind of positions do Indians have in the
Indian Health Service? Do they have responsible positions? Are
there many Indians employed by the Health Service?
Ms. Rumley. Well, in the area where I am, you have, say, 50
percent Indians, but most of these are in the lower grades. I
think, in the area where I am the program that came out from
Washington is a program to develop systems and, you know,
other methods for providing health care to the Indian. It's a
testing ground, you might say. When they first came out, they
said that the Papagos would be employed and would be, you
know — The highest Papago is grade 9.
Mr. Powell. Then you would say that Indians do not get
adequate promotional opportunities?
Ms. Rumley. They didn't. We were beginning to see an equal
employment opportunity when that program came in, then, you
know, we started doing something.
Mr. Powell. In selecting employees for the Indian Health
Service, do you feel that adequate emphasis is given to hiring
people who are sensitive to Indian needs, hiring Indians who
know the Indians and what the nature of their problem is? Are
such people used to orient employees and professional staff of
the Indian Health Service?
Ms. Rumley. Well, no, because it's sort of a unique type of
situation. It's not like the hospital or the — you know — a hospital
on a reservation. It is a hospital on a reservation but the people
used are mostly technical-type people, and it is kind of hard to
find Indians to fill these type of positions.
Mr. Powell. Ms. Parvello, what problems do Indians in South
Tucson face in obtaining adequate health care?
Ms. Parvello. I'd say the main problem is that a lot of people
don't even have transportation to go for, just to get a checkup
or, you know, any of the close — Like for instance the closest
Indian Health Service clinic is out at San Xavier which is
about 8 miles from Tucson. And people in South Tucson as far
as the Indian Center goes; they provide transportation 2 days a
week. That's like Tuesdays and Fridays.
Mr. Powell. And if you're ill on some other day you just
don't have transportation? Is that right?
Ms. Parvello. You can't get to the clinic.
Mr. Powell. If you go on Tuesdays and Fridays you have to
wait a long time ?
40
Ms. Parvello. Right. And this transportation is just by
privately owned cars, and it's a lot of risk, because sometimes we
have had like 13 people to take out there, and we had to wait
for them at the Center until they called at, say, like 6 o'clock in
the evening for us to go after them. And this isn't, you know,
fair to the people at all. Because they should be — they should
have some kind of — health care that's better for them.
Mr. Powell. What about the Pima County Hospital? Can
Indians use that to obtain health care ?
Ms. Parvello. Well, yes, but there were times they just really
didn't want to treat you if you were Indian because they felt that
you could go out to either Sells or San Xavier and get care there.
But as far as San Xavier goes, now it's just an outpatient
clinic.
A lot of the complaints from the people were that they just
don't want to go there and wait for so many hours just to see a
doctor, and at the same time they don't really understand the
procedures or questions asked of them; you know, whether they
are eligible or not for county care.
Mr. Powell. What is the Indian Health Service unit we're
talking about?
Ms. Parvello. This is out at San Xavier.
Mr. Powell. Is there some question regarding service there,
about treatment of urban Indians? Do they raise questions about
whether or not urban Indians are entitled to be treated there?
Ms. Rumley. There was a time when the county hospital
referred Indians or told the Indian that he belongs to the
Federal Government, you know: "You go over there." On the
other hand, when he arrived at the Public Health Service, he
was told, "You are an urban Indian. You can't go here." So as
a result many problems are cropping up now. For instance, in
birth certificates, when you get birth certificates. A lot of the
people had to have their births at home. So now that the kiddies
are ready to go to school, they are not even born according to the
registration thing. They haven't been registered because they
were born at home. This problem has been sort of cleared up
now because they take the urban Indian.
Mr. Powell. Who? The Indian Health Service takes the
urban Indian ?
Ms. Rumley. Yes, if you can get to their facilities. As Carol
mentioned, transportation is the biggest problem. You have to
pay somebody to take you. Either that or you take a taxicab,
which is — You know, most of these people don't have the
money. If they did, they would go to a private doctor.
Health Service do for emergencies, people drastically ill? Is
Mr. Powell. What about emergencies? What does the Indian
41
there any transportation at all? Is there an ambulance service
they use ?
Ms. Rumley. No, not for the Indians in the city.
Mr. Powell. Ms. Parvello, would you please describe the health
care your father received prior to his death? I understand there
was a problem.
Ms. Parvello. Yes. Well, we have always lived in South Tuc-
son, and during that time — I think it was in the '60's — we had
some difficulty in trying to get treatment for my father. He had
been drinking and he had been picked up by the city police and
taken to the city jail. During the time that he was there he had
a fight with another inmate, and I guess he was beaten badly,
and the police, you know, really didn't want to take him down to
the clinic.
And then after they felt, you know, some of the other inmates
were saying, you know, that he was really sick, that he was, you
know, hurt, so then when the police, I guess, whoever, finally
realized that he did — that he was having difficulty — they took
him to the county hospital. He was examined there but they felt
that there was nothing really wrong with him, and so they sent
him back to the jail. And then after he finished his sentence he
was released, and after that he was having severe headaches,
and was not even able to walk home after he was released from
the jail. So he managed to make it home somehow, and later
that evening, we took him to the hospital.
Mr. Powell. This is the Indian Service Hospital ?
Ms. Parvello. No, this is the county hospital.
Mr. Powell. County hospital ?
Ms. Parvello. And we got the same response, that there was
really nothing wrong with him. So at that time there was a black
minister who was head of the NAACP, at the clinic at the time.
He said there was something really wrong with him, and he told
the doctors that they better get on moving before, you know,
something happened.
So when they found out who the minister was, they started.
They rushed him to surgery and examined him again, but he had
been hemorrhaging all that time. And what happened was that
he never — he had received a concussion I guess and never really —
after the surgery he never really came out of a coma and died
shortly after that.
This is not only — I'm not saying this is just one, particular
case. But like even in South Tucson we have had, you know, some
accidents that a lot of people couldn't explain as far as South
Tucson police.
Mr. Powell. You think this was — the attitude of the county
hospital people at that time — was representative of their attitude
towards Indians generally?
42
Ms. Parvello. Right. You know, "This is just another drunken
Indian," they couldn't really do anything for him.
Mr. Powell. Did they resist, also, because they felt the In-
dians should be sent to the Indian Health Service and they had no
responsibility for him?
Ms. Parvello. Right.
Mr. Powell. Madam Chairman, I have no further questions.
Commissioner Freeman. Ms. Rumley, would you tell the
Commission whether you believe that there are any cultural
considerations overlooked by those who are responsible for pro-
viding certain social services?
Ms. Rumley. Well, I don't know if you want to call it social
services. I have one problem with the welfare rules and regula-
tions, or what have you, being geared to the white man's way of
doing things. For instance, in the case of a child who is living
with, let's say, a grandmother, in the Indian culture a grand-
mother can be the wife of the real grandfather, the blood grand-
father, but the child cannot get ADC because the grandfather
died and the grandmother or the person who is in the Indian
way a grandmother is not a blood relative. They say that the
relationship ends when the person who is the blood relative
died.
This has happened many times, not only in one case. They will
say, "We can help the child but we have to put him in a foster
home." This little threat, you might say, has stopped many
families from trying to go any further to get aid for the child.
I have been asking questions around from different people,
and I understand it isn't only the people in Tucson. There are
other reservations that have had this same type of problem. We
feel our responsibilities as the kin of anybody and we don't
relinquish our responsibility to the child when somebody dies.
Commissioner Freeman. Are you saying then that there is a
failure to recognize the Indian's definition of family or the so-
called extended family and that another definition is imposed
upon you ?
Ms. Rumley. Yes. And because of this the child is denied
support from the ADC program.
Commissioner Freeman. Commissioner Ruiz, do you have
any questions?
Commissioner Ruiz. What happens if a person who has his
home outside of the limits of the clinic boundary becomes ill
or suffers from some injury that immobilizes him and he can't
be moved on Tuesday or Thursday? Does he just stay there
where he is until he dies or gets well?
Ms. Rumley. That has happened in many cases, but I don't
know. If there's somebody around who can push and prod and,
you know, ask questions and try to get some sort of help — I
43
think right now there is a situation that exists, and I think
Ms. Parvello knows more about that.
Commissioner Ruiz. Has any request ever been made for the
delivery of these health services to areas outside of the clinic
boundaries by way of an ambulance or a truck with medical
supplies, anything of that nature?
Ms. Rumley. Well, what the Pima County Hospital, which is
so overcrowded as it is, you know — We have had some meetings,
because there were problems. For instance, if a person has a
house, even though it's a shack, he's not eligible for county
services, Pima County services, because he has property. And
yet many times, the house is just a little shack. It's not —
Commissioner Ruiz. In other words, there are a great many
areas where you just don't have any health services whatso-
ever?
Ms. Rumley. That's right.
Commissioner Ruiz. No further questions.
Commissioner Freeman. Ms. Rumley, would such a thing as
a mobile health unit, that could move from place to place on a
sort of continuous basis with a schedule, sort of bringing the
health service to the people — would this be acceptable to the
persons who need these services?
Ms. Rumley. It probably would be acceptable if you have
people who can speak the language, who can understand and
communicate with the patients. In many cases it's impossible
to communicate with either the —
Commissioner Freeman. If it would be serviced, if the per-
sonnel would be persons who know the language, whether they
are members of the same tribe or not, at least if they could com-
municate, would this be acceptable?
Ms. Rumley. Probably would.
Commissioner Freeman. Mr. Buggs, do you have any ques-
tions?
Mr. Buggs. Just one. A few words about the Model Cities
program. At one time I was connected with it in Washington.
Is South Tucson a part of the incorporated area of the city? Or
is it a separately incorporated community?
Ms. Parvello. Right. It's a town all itself, you know.
Mr. Buggs. Is it contiguous —
Ms. Parvello. Has its own town council, city government,
everything.
Mr. Buggs. Is it contiguous with the city of Tucson? Do
they connect? Does South Tucson abut Tucson?
Ms. Parvello. Yes.
Ms. Rumley. It's right in the middle. It's surrounded by
the city.
44
Mr. Buggs. Where is the Model City target area with respect
to South Tucson ?
Ms. Parvello. It ends right — the boundary line ends right
where our Indian Center is located.
Mr. Buggs. Well, —
Ms. Rumley. Partially in South Tucson.
Ms. Parvello. Part of South Tucson.
Mr. Buggs. Some time ago the rules were changed — I don't
know whether South Tucson was told this — so that the city of
Tucson and city of South Tucson may apply to the Department
of Housing and Urban Development, the Model Cities Adminis-
tration, to extend the target area. Was that done?
Ms. Parvello. It has been extended I think this past year.
Mr. Buggs. Does it now include the Indian community of
South Tucson?
Ms. Parvello. Right. Most of it.
Mr. Buggs. So now you can use the neighborhood health care
center?
Ms. Rumley. No.
Ms. Parvello. No, there's only one — This is only a pilot proj-
ect that we're talking about, the neighborhood health center,
and this is for the original Model Cities area. This was to serve,
like, 10,000 people in the Model City area.
Mr. Buggs. Was a petition made to extend the boundaries so
that it could include other people?
Ms. Parvello. No, because already the clinic is overcrowded
as far as receiving some of the patients from the county hospital.
Mr. Buggs. Was a petition made to set up another clinic?
Ms. Parvello. No.
Mr. Powell. Or to increase the existing one?
Ms. Parvello. No.
Mr. Buggs. Well, it could be done. I simply want to let you
know that. And maybe when you go back you ought to raise
the question with the city fathers in Tucson.
Thank you.
Commissioner Freeman. Ms. Parvello, do you have an opinion
— I believe Ms. Rumley responded to Commissioner Ruiz's ques-
tion concerning the Tuesdays and Fridays or Thursdays — of what
would happen if you got so sick that you could not be moved,
if a person got so sick he or she could not be moved? Would
you like to comment on that?
Ms. Parvello. Yes. Tuesdays and Thursdays, when we go out
to the clinic, sometimes some of the people can't even make it to
the Center to go to the clinic. But a lot of times these people
either have to find some way, that they can get to the county
hospital, and even if they get that far they are still discouraged
about having to go through the whole thing of, you know, "Are
45
you eligible for county care?" and all this. And then if they are
so sick that they have to go to the hospital, they have to wait
some time before they can say they can go either to the Health
Service or maybe there's a hospital available — a bed available —
at one of the hospitals right in the Tucson area.
Commissioner Freeman. Thank you very much. You may be
excused.
We will now take a lunch break. This hearing is in recess
until 1:30.
(Whereupon, at 12: 17 p.m., the hearing was recessed, to be
reconvened at 1: 30 p.m., this date.)
AFTERNOON SESSION
1:30 p.m.
Commissioner Freeman. This afternoon's session of the civil
rights hearing is now called to order. Before we call the next
witness, I would like to recognize the presence of other members
of the State Advisory Committees. Mrs. Rita Madrid, a member
of the Arizona State Committee.
Will you stand, please?
Mrs. Juana Lyon, member of the Arizona Committee, who is
also going to join the Commission and assist us.
Mr. Herb Grier, will you stand? And Mrs. Connie Salisbury,
members of the New Mexico Committee.
Thank you for your interest and presence.
Now, our first witness for this afternoon is Mr. Milford M.
Sanderson, Federal Programs Director of the Ganado Public
School System. Is Mr. Sanderson here? Will you come forward,
please ?
Mr. Sanderson, will you raise your right hand to be sworn?
(Whereupon, Mr. Milford M. Sanderson was sworn by Com-
missioner Freeman and testified as follows: )
TESTIMONY OF MR. MILFORD M. SANDERSON, FEDERAL PROGRAMS
DIRECTOR, GANADO, ARIZONA PUBLIC SCHOOL SYSTEM
Commissioner Freeman. You may be seated. Mr. Powell, will
you proceed ?
Mr. Powell. Would you please state your name, tribal affilia-
tion, and occupation for the record?
Mr. Sanderson. My name is Milford M. Sanderson. Director
of Federal Programs for the Ganado Public School System,
Ganado, Arizona. I am affiliated with the Hopi tribe.
Mr. Powell. I understand until very recently you were a
resident of Phoenix. Is that right?
Mr. Sanderson. That is true.
Mr. Powell. And that you were active in various community
groups in Phoenix. In what activities did you serve?
46
Mr. Sanderson. What Indian activities?
Mr. Powell. In what capacities did you serve?
Mr. Sanderson. For a number of years I was the president
of the Amerind Chapter here in Phoenix — an Indian civil rights
organization. And I was the president of the American Indian
Forum.
Mr. Powell. What is the purpose of the American Indian
Forum?
Mr. Sanderson. The American Indian Forum has several
purposes that are stated in its constitution and bylaws. How-
ever, basically, the American Indian Forum was created after
a paper from the Indian Health Service stated that there would
be a possible curtailment of Indian health services to the Indi-
ans who lived in the metropolitan area of Phoenix.
Mr. Powell. How and when did this issue arise?
Mr. Sanderson. I can't tell you the exact month, but it was
this year. It was in the early part of this year.
Mr. Powell. And what were the circumstances which gave
rise to this dichotomy in the attitude of the Indian Health Serv-
ice between urban Indians and Indians on the reservation?
Mr. Sanderson. Would you state your question again, please?
Mr. Powell. What were the circumstances which gave rise
to the difference in attitude by the Indian Health Service with
respect to services to reservation Indians in contradistinction
to Indians who live in metroplitan areas ?
Mr. Sanderson. It was stated by the Indian Health Service
that individual Indians are not entitled to services provided by
the Indian Health Service. The individual Indian becomes eli-
gible for health services through membership in a group, tribe,
or band for whom Congress has given the responsibility to Indian
Health Service for providing health services.
Mr. Powell. Isn't it true that urban Indians are nevertheless
members of tribes? Aren't Indians who live in metropolitan
areas members of tribes?
Mr. Sanderson. For the most part, yes, it is true. And, in fact,
I can speak for the State of Arizona that probably 90 percent
of the Indian people who live in the Phoenix metropolitan area
can identify themselves with a particular tribe. They can prob-
ably go to the extent that they can state their census number,
tribal enrollment number, the amount of relatives living on a
reservation who are directly related to them.
Mr. Powell. Then, if Indians who live in metropolitan areas
are members of tribes, and if individual Indians are entitled to
health services by virtue of tribal membership, there must be
some other reason why the Indian Health Service drew this dis-
tinction. Did it have something to do with the resources of
Indian Health Service?
47
Mr. Sanderson. Let me state something else before I get to
that. First of all, it has been stated that services by the Indian
Health Service can be given to those Indians living on the reser-
vation or near the reservation. That is one thing.
The second part of your question, please?
Mr. Powell. Well, so long as Indians are members of tribes,
as I understand it, they are entitled to services of the Indian
health facility. Then, if that is true, tribal members who live in
metropolitan areas would be entitled to the services of the In-
dian Health Service, would they not?
Mr. Sanderson. Not necessarily, according to the Indian
Health Service.
Mr. Powell. Why not? Do inadequate resources have some-
thing to do with this position?
Mr. Sanderson. In this position paper that was put out, the
paper said that they did serve urban Indians, but due to the
amount of money, funding, the amount of staff available, that
if the time came when the staff and funds were inadequate the
urban Indians or those people living in metropolitan areas would
have to have their services curtailed.
Mr. Powell. So their position didn't have anything to do
with right of Indians to receive this service? That's acknowledged
as long as they are tribal members? It had something to do
with resources?
Mr. Sanderson. Yes. But —
Mr. Powell. Do you agree with that position, Mr. Sanderson?
Mr. Sanderson. No.
Mr. Powell. Why not? What are your views on it?
Mr. Sanderson. Well, first of all — I said no because there's
something else to that.
Mr. Powell. Proceed.
Mr. Sanderson. First of all, there are rules and regulations
from Washington, D. C, that are directed to the various tribal
organizations, tribal councils. Now, the Indian people who go to
the cities to make a living, to go to school, maybe even to go
to be able to exist, are not recognized by their own tribes.
Once they cross a reservation border, the tribe has no concern
for them. At least there has been no kind of definite concern,
where, say, for instance, if a Hopi Indian goes to the Indian
Health Service hospital and is denied services, it would seem that
the Hopi Indian could call his own tribal council or council
chairman and say, "Look, I have been denied services at the
Indian hospital in Phoenix. Can you help me?" I believe that all
it would take would be a phone call from that tribal chairman
down to the director of that hospital, "Serve our own people.
They are members of our tribe. We don't care where they live."
Mr. Powell. What you seem to be saying is there are two
48
reasons why urban Indians don't get service. One is the position
of the Indian Health Service — although the Indian Health Serv-
ice—
Mr. Sanderson. That's right.
Mr. Powell. — is serving urban Indians now — because of re-
sources. The other is in the case of some tribes they do not
support the petition of the urban Indian for services from the
Indian Health Service.
One of our SAC members here tells me this isn't true in every
case, that the Navajo tribe, for example, supports —
Mr. Sanderson. Yes, I was going to refer to that.
Mr. Powell. We would not want to get the record to be mislead-
ing. We would like to have the general picture. It may be that
the Hopi position is an exceptional position.
The testimony we heard in New Mexico tended to indicate
that tribes were supporting the efforts of urban Indians to get
services in Indian Health Service facilities.
Mr. Sanderson. I was using the Hopi tribe as an example.
Whether this kind of situation has, in fact, happened is not
known at this time.
Mr. Powell. All right. Now, regarding urban Indians who
sometimes don't get treated at Indian Health Service facilities,
are there any alternative health services available to them?
Mr. Sanderson. Yes.
Mr. Powell. Go ahead.
Mr. Sanderson. There are services that are available from
the State, county, city medical units.
Mr. Powell. Do the urban Indians prefer to be treated at
the Indian Health Service facilities ?
Mr. Sanderson. Yes.
Mr. Powell. Why is this?
Mr. Sanderson. Well, because of two basic reasons. First of
all, they feel that they are Indian no matter where they are.
They feel that they have a direct relation to a particular tribe,
and, therefore, they should be served at an Indian hospital just
like any other Indian is served who comes from a reservation.
The second thing is that the — It's just — I don't know how to
say it —
Mr. Powell. Well, let's go on to something else.
Mr. Sanderson. All right.
Mr. Powell. Perhaps you'll think of it.
What about the question of control? Is there any mechanism
of control over the Indian Health Service facilities? For example,
they have Indian advisory boards which are supposed to be in-
volved in decision-making. What are your views on this question?
Mr. Sanderson. Well, first of all, I do know that they exist.
I do know that each tribe does send a representative to the
49
advisory board. They do hold monthly meetings. And I'm ac-
quainted with the president of the advisory board for the Indian
health — Phoenix Indian health unit here.
Mr. Powell. Do you think they exercise any effective control?
Mr. Sanderson. Well, I was saying that even though these
things are happening, I do not feel that they do have the
maximum amount of power to hire, to fire, to set policy, to spend
allocated monies.
Mr. Powell. I see. What recommendations, Mr. Sanderson,
would you give to alleviate the problem associated with the
eligibility question?
Mr. Sanderson. Well, the first thing I think that needs to be
examined is that, first of all, one must know that each tribal
government exists for its own people.
As you know, there is a past history of Indian people not
really coming together as a cohesive group as you find in blacks
and Chicanos. We call this tribalism. Now, some people say it's
bad; some say it's good. You know there's pros and cons on it.
But any person who is not living on a reservation — And I
speak of urban Indians — if there's anything to be done to immedi-
ately help, say, those Indian people living off the reservation,
it's this: Let's go ahead and say, okay, tribalism is fine. Now, if
tribalism is fine, then those people, Indians, who live in an ur-
ban setting who can identify themselves with the tribes should
be recognized by those tribes, by their own tribes, recognized
to the point where — Such as the Navajo. I don't think that you
can ever find an urban Navajo Indian, and the reason why is be-
cause their tribe recognizes them wherever they are. There is
a Navajo group in Los Angeles, in Dallas, in Phoenix, and other
urban groups that are even allowed to vote for their own tribal
council chairman. They are allowed a voice in their tribal govern-
ment. But this is only one particular case, and I don't think you
will find many other cases such as this.
Once you have the tribes recognizing their own people in the
cities and taking an advocacy role and saying, "Look, we don't
care where our own tribal people live ; serve them," or, you know,
use whatever tribal power there is to back these people — Other-
wise, there just might be a chance for the civil rights of that
individual being violated.
Because the Government is saying, "You must live on a reser-
vation or near the reservation to receive services, and the tribe,
some of the tribes, may be parroting the same thing and saying,
"We can't do anything for our people unless they live on our
own reservation or near our reservation," which again — I mean
is it right to deny a person a place — deny a person the right to
live anywhere he wants to ?
Mr. Powell. That was on the issue of eligibility. What steps
50
would you suggest be taken so that Indians could achieve greater
control over the institutions which affect their lives? For ex-
ample, the Indian Health Service facilities. What steps do you
think should be taken in that regard?
Mr. Sanderson. I think the Indian Health Service itself is
making an attempt to start this. However, we won't feel this
until a number of years have passed. And that is, I believe, in
the University of Southern California where they do have an
Indian Health Service training program to train Indians to take
over managerial positions, administrative positions. But I think
that the Indian Health Service, first of all, doesn't seem to take
the position of advocacy for the Indians. In other words, what
I'm saying is the hospital doesn't exist for the Indians. It's the
Indians that exist for the hospital.
Mr. Powell. I have no further questions, Madame Chairman.
Commissioner Freeman. Mr. Sanderson, I would like to
pursue with you this concept of the Indian Health Service.
And I may be repeating a little bit, but I want to be sure that
I understand you, because it seems to me that we are talking
about the Indian Health Service as a service or facility that is
federally funded. Is that correct?
Mr. Sanderson. Yes.
Commissioner Freeman. And are you saying that in the
service, as administered, there may be Indians who are denied
the service —
Mr. Sanderson. Yes.
Commissioner Freeman. — solely because they happen not to
meet a certain definition —
Mr. Sanderson. Yes.
Commissioner Freeman. — and that this definition of urban
Indian or non-reservation Indian is imposed by the Indian
Health Service?
Mr. Sanderson. Yes.
Commissioner Freeman. Well, let's then look at the Indian
Health Service in a little bit more detail. Will you tell the
Commission something about who is in control — the individuals
who are in control of the Indian Health Service? Who are they —
again you may be repeating — the persons who make the deci-
sion that a non-reservation Indian is not eligible — who are these
people?
Mr. Sanderson. They are people in Washington. I was in
Washington in the early part of this year talking to the head
of the Indian Health Service. He said, "Well, that's the Con-
gressional intent, and we follow Congressional intent, and we
cannot begin to change Congressional intent. The only people
that can change Congressional intent are you Indian people."
51
Now, and so, consequently, it's a matter of interpretation of
rules and regulations.
Commissioner Freeman. Well, Mr. Sanderson, I would not
ask you to identify that person at this hearing because of our
rules, but I would like to ask you, however, if you will make
available to this Commission in writing the names of the per-
sons in Washington who have stated to you that it is Congres-
sional intent that the non-reservation Indian be denied access
to Indian health service. Will you make that information avail-
able to this Commission ?
Mr. Sanderson. Yes.
Commissioner Freeman. Will you also indicate for us, if it is
not a decision that is made in Washington, is there any area
control, regional office control, or tribal control of the Indian
Health Service in terms of the rules and regulations as to who
shall be served ?
Mr. Sanderson. Oh. Okay. Yes. I'll attempt to answer your
question.
First of all, there is tribal input into this decision. Now,
whether it's official or not, there is such an attitude as, "We
don't want the Indian Health Service to extend its services to
urban Indians because there are more urban Indians than res-
ervation Indians, and, therefore, they will take away the
amount of funding given to Indian health services and staff,
and so forth, and that way our own reservation people will
not have the adequate services that they need."
That's the input of the tribal councils.
The administrators here in the area, backed with that kind
of thinking from the tribes, will, of course, continue to emit
that same kind of — I mean will continue to deny — because
they will not and do not want to offend the tribal councils.
Commissioner Freeman. I would like to ask you to comment
on this statement: A non-reservation Indian may not be a
member of a federally-recognized Indian tribe, but the urban
Indians we are discussing usually are.
Mr. Sanderson. Yes.
Mr. Powell. I think what the Chairman means here is that
if a non-reservation Indian is not a member of a tribe by virtue
of the definition we have been discussing, that Indian would not
be entitled to services of the Indian Health Service facilities.
Mr. Sanderson. Right.
Mr. Powell. But an urban Indian or non-reservation Indian
who is a member of a tribe would be entitled to such services.
Now, is it these Indians that you are talking about that tribes
do not support — the Indians who by virtue of their tribal mem-
bership would be entitled to Indian Health Service facilities?
Mr. Sanderson. Let me try it again now. There are such
52
people, Indian people, who are termed urban Indians. Those ur-
ban Indians are those Indians living within a metropolitan area
of any urban area. Now, those people, those Indian people, may
be members of various tribes. You'll find this true here in
Phoenix. Now, it constitutes two kinds of Indians — those Indi-
ans that are affiliated with a federally-recognized tribe and those
Indians that belong to a non-federally-recognized tribe.
Mr. Powell. That second group we don't need to discuss for
purposes of this analysis, do we?
Mr. Sanderson. Yes.
Mr. Powell. That's another problem. That's a problem, but
that's another problem.
Mr. Sanderson. That is a problem, but it's beyond what I'm
talking about now.
Mr. Powell. Let's talk about the tribal members who live in
metropolitan areas.
Mr. Sanderson. Right.
Mr. Powell. What about them? Are you saying the tribes
don't support members who live in metroplitan areas?
Mr. Sanderson. Yes.
Mr. Powell. I see. Is that the generally held view among
Indians?
Mr. Sanderson. In my opinion, yes.
Mr. Powell. I understand there is more than one point of
view on that. Perhaps we will hear from others on it too.
Mr. Sanderson. Well, what do you mean by "support?"
Mr. Powell. You were suggesting that one reason why urban
Indians who live in the metropolitan areas have difficulty in get-
ting services from Indian Health Service facilities is that their
tribal brothers on the reservations don't support their right
to receive such services, if I understood you.
Mr. Sanderson. No. I said that the Indian people — Now, let's
take the city of Phoenix. Those that live in the city of Phoenix,
a majority of them, can go today, this hour, to the Indian hospi-
tal and receive services.
Mr. Powell. That's our understanding, yes.
Mr. Sanderson. Okay. But at one point in time, as indi-
cated by this paper here, because of lack of funding, staff, the
people that are going to be curtailed are the urban Indians.
Okay?
Now, —
Mr. Powell. That was the position of the Indian Health
Service regarding priorities. Right?
Mr. Sanderson. Yes.
Mr. Powell. You referred to a paper there. Which paper is
thai; to which you refer?
53
Mr. Sanderson. This is a paper entitled "Availability of
Health Services to Phoenix Urban Indians."
Mr. Powell. May we have a copy of that for the record?
Mr. Sanderson. Yes.
Mr. Powell. Madam Chairman?
Commissioner Freeman. It will be received.
(Whereupon, the document referred to was marked as Ex-
hibit No. 4 and received in evidence.)
Mr. Sanderson. But I'm saying that under that circumstance,
you know, no Indians are being denied yet. Yet. But if, in fact,
they are denied — and presently some of them can't turn to their
tribal councils for assistance, you see, because there hasn't been
that kind of backing officially or unofficially —
Mr. Powell. I don't know why you say they can't turn to
their tribal council. That position you are discussing is an Indian
Health Service position which is based upon lack of priorities.
That's quite apart from whatever tribal leaders do, positions they
do and do not take, unless there is some evidence —
Mr. Sanderson. Okay. Well, let's say it this way then. I
have not heard of an Indian person, individual, who has been
denied services from the Indian Health Service that has gone
to his tribe and asked for assistance, for backing, —
Mr. Powell. Perhaps if he went to his tribe and sought such
assistance he would get it then.
Mr. Sanderson. It's possible.
Mr. Powell. All right. Okay. I have no further questions,
Madam Chairman.
Commissioner Freeman. Commissioner Ruiz, do you have
any questions ?
Commissioner Ruiz. You mentioned that the University of
Southern California has a training program for Indian Health
Service of some kind. Is this something that is just starting?
Mr. Sanderson. I believe it's a very recent program — in
the past year or two.
Commissioner Ruiz. Do you know how they are recruiting this
talent?
Mr. Sanderon. Not specifically.
Commissioner Ruiz. Have you had any experience whatsoever?
Mr. Sanderson. I do know there was a lady that came out to
various parts of Arizona to talk about the project and to en-
courage Indian students to partake in the program, but I don't
know — I saw her at two meetings, but perhaps she has done
more than that.
Commissioner Ruiz. Well, now, so that talented Indians will
not be separated from their tribes by attending school of gen-
eral outside jurisdictions such as the University of Southern
California, and so that this type of talent will not be separated
54
from the traditions and the customs of the local reservation,
could not medical instructions — Or has there been any at-
tempt to get medical instructions and training so that it would
take place on the reservation with local Indian medical doctors
who would participate in these training programs? Has that
been attempted?
Mr. Sanderson. I think it has been attempted to some extent,
but it's only in the very lower echelons of the Indian hospital
employment structure.
Commissioner Ruiz. Is that something that's good?
Mr. Sanderson. Well, it just indicates that you'll find most of
the janitors and nurses' aides and what have you, the floor-
sweepers, being Indians.
Commissioner Ruiz. No, I'm speaking about medical interns,
medical training. If outside trainers could come in to the area to
train for medicine instead of sending the talent to some other
university to train for medicine. Has there been any attempt to
do that? I'm not talking about janitors.
Mr. Sanderson. Right. Okay.
Commissioner Ruiz. Has that been attempted in any fashion?
Mr. Sanderson. I think it has been to some extent but not to
where I can say, yes, you know, and feel good about it.
Commissioner Ruiz. Well, has that been — If it's good, would
some program along that line, to exercise activity in that sense,
be of assistance ?
Mr. Sanderson. Sure. Yes.
Commissioner Ruiz. And you feel that you could get your
people to back such a program ?
Mr. Sanderson. I can't guarantee that. It hasn't been tried,
you know, and some — But it seems like a feasible idea.
Commissioner Ruiz. It would be innovative, as they call it, a
new program, but it might be feasible ?
Mr. Sanderson. Yes.
Commissioner Ruiz. And would possibly be good?
Mr. Sanderson. Yes.
Commissioner Ruiz. That's all.
Commissioner Freeman. Mr. Buggs, do you have any ques-
tions ?
Mr. Buggs. Just a couple of questions, Mr. Sanderson. You
indicated that the rule is that health services will be provided
Indians who live on or near the reservation. I understand what
living on a reservation means, but has anyone ever defined what
"near a reservation" is?
Mr. Sanderson. I have heard that stated. However I haven't
examined that in its entirety. But, for instance, those Indians
living in, say, Flagstaff, Holbrook, Winslow, Gallup, they are
served by the Indian Health Service.
55
Mr. Buggs. How far are they from a reservation?
Mr. Sanderson. Oh, anywhere from 9 miles to 20 miles.
Mr. Buggs. Well, is there a limit beyond which services would
not be provided? I still don't know what "near" means. Is it 10
miles, 20 miles, or —
Mr. Sanderson. I couldn't answer. I couldn't answer that.
Mr. Buggs. I see. And the other question is: Does it have to
be near his reservation or a reservation with which he is in
some way affiliated? Or any reservation? In other words, could
a Hopi Indian living near a Navajo reservation be eligible?
Mr. Sanderson. I'd have to answer yes in that particular
circumstance because, you know, it is, in fact — they are living
with reservations adjacent, you know.
Mr. Buggs. Suppose they were not adjacent.
Mr. Sanderson. Okay. To my knowledge, of those Indians
that I know of, they are getting Indian health services, yes.
Mr. Buggs. Thank you.
Commissioner Freeman. I believe Mr. Powell has another
question.
Mr. Powell. Yes. You stated that in principle the county
hospitals, municipal hospitals should be available to Indians.
Mr. Sanderson. Yes.
Mr. Powell. Does that actually happen in practice? Our in-
vestigation indicates that often when Indians go to municipal
hospitals they are referred back to the Indian Health Service.
Mr. Sanderson. That's true. It is true. An Indian will go to —
There have been instances, particular instances, of Indians going
to county hospital and that person who is sitting at the admis-
sions desk will automatically say, "Well, you know, you're an
Indian. You should be going to the Indian Health Service hospi-
tal."
Mr. Powell. But aren't Indian citizens like other residents
of the county? Aren't they entitled to services of the municipal
hospital on the some basis as other residents ?
Mr. Sanderson. Yes.
Mr. Powell. I have no further questions.
Commissioner Freeman. Mr. Sanderson, for how long a period
has the situation existed —
Mr. Sanderson. What situation?
Commissioner Freeman. — that the municipal hospital has
denied services to an Indian solely because he was an Indian?
For how long has this been going on ?
Mr. Sanderson. I don't think that you can say that, you
know — It's a sporadic thing. You hear about it once in a while.
But no one can really get down to the basic situation; particular
individual situation. You might be able to send five Indians to
that hospital and they'd all be served by the county hospital.
56
But then the sixth one may go and he may get just the opposite
kind of treatment.
Mr. Powell. Let me clarify the record too. If an Indian can
pay for services at a hospital, he would be served?
Mr. Sanderson. Oh, yes.
Mr. Powell. It's a matter of denying free services on a
clinical basis that are provided to other indigent citizens of
the community ?
Mr. Sanderson. Uh huh.
Mr. Powell. We're looking into this question. I believe, Madam
Chairman, that a serious Title VI questions is presented where
hospitals receive Federal funds and are denying services to
any minority group, including Indians. And we're going to be in
touch with the responsible officials in Public Health Service and
HEW to explore that question.
Commissioner Freeman. This is precisely why I was asking
Mr. Sanderson if this has been going on for any length of time.
We take the position that even if one person is denied solely be-
cause of his race or ethnic position that this is in violation of
Title VI, and we will certainly pursue this.
Thank you very much, Mr. Sanderson.
Mr. Buggs. Madam Chairman, may I just for the record indi-
cate that one of our expert consultants here has indicated that
there is a distinct difference in terms of what the definition of
"near a reservation" is. It's pointed out that in California the
whole State is considered to be near a reservation but not for
purposes of the Public Health Service but only for the purpose
of the utilization of Johnson-O'Malley funds. And it may be
that we should look into that, too.
Commissioner Freeman. Here again we are seeing that one
of the very serious problems is with proper interpretation and
practices of the Federal Government, which makes it even much
more serious than even if it is local.
Mr. Sanderson. May I make a comment, please? It seems that
in my dealings with the hierarchy of Indian Health Service,
nowhere did I ever find a feeling of advocacy for Indian people.
I mean they know the problem exists but —
Commissioner Freeman. I think we understand you, Mr.
Sanderson.
Mr. Sanderson. — you live within the rules and that's it.
There's no kind of advocacy and saying, "Okay, there's a prob-
lem. Let's do something about it."
Commissioner Freeman. You see, what is even more serious
to the Commission is that before getting to the point of advo-
cacy there seem to be some denials and discrepancies that are
very basic, and before we ever get to whether they are advocates
57
of the Indian or not that there is a failure to recognize basic
rights of citizenship. And this is much more serious.
Thank you very much.
Mr. Sanderson. Sure.
Commissioner Freeman. The next two witnesses to be called
are Mr. Marvin Mull and Mr. Roy Kitcheyan, and they will be
questioned by Mr. Michael Smith, who is Assistant General
Counsel.
Mr. Mull and Mr. Kitcheyan, will you come forward? Will
you remain standing and be sworn, please?
(Whereupon, Mr. Marvin Mull and Mr. Roy Kitcheyan were
sworn by Commissioner Freeman and testified as follows: )
TESTIMONY OF MR. MARVIN MULL, CHAIRMAN, SAN CARLOS
APACHE TRIBE, AND MR. ROY KITCHEYAN, SAN CARLOS
APACHE TRIBAL COUNCIL MEMBER
Commissioner Freeman. You may be seated. Mr. Smith.
Mr. Smith. Will you each please state your name and posi-
tion for the record?
Mr. Mull. I'm Marvin Mull, Chairman of the San Carlos
Apache Tribe.
Mr. Kitcheyan. I'm Roy Kitcheyan, a tribal council member
from San Carlos Apache Tribe.
Mr. Smith. Chairman Mull, how large is the San Carlos
Apache reservation, and how many members does the tribe
have?
Mr. Mull. We have over a million acres and our tribal enroll-
ment is over 6,000.
Mr. Smith. I take it that a majority of these people live in
very rural areas? Is that right?
Mr. Mull. Yes.
Mr. Smith. Mr. Kitcheyan, you are chairman of the tribal
health committee? Is that right?
Mr. Kitcheyan. True.
Mr. Smith. What facilities, what medical facilities, are avail-
able to members of your tribe?
Mr. Kitcheyan. Well, we have the Public Health Service on
the reservation.
Mr. Smith. What about facilities off the reservation, other
facilities than the Public Health Service?
Mr. Kitcheyan. Oft* the reservation ?
Mr. Smith. Yes. For example, is there a county health facility
near the reservation within commuting distance?
Mr. Kitcheyan. Yes, there is a county hospital in Globe,
Arizona, a few miles from the reservation.
Mr. Smith. As chairman of the health committee, are you in
58
a position to hear complaints from tribal members about the
Indian Health Service facilities ?
Mr. Kitcheyan. Yes, sir.
Mr. Smith. Could you describe for us some of the complaints
you hear?
Mr. Kitcheyan. Yes, sir. First, we really have good coopera-
tion starting with the area here in Phoenix, but the doctors in
San Carlos — which the individual people on the reservation com-
plain of is the doctors — that any time the patient is brought in
to the hospital — there are about five doctors to the Indian Health
Service — but after working hours, after 5 o'clock, there should be
one available at all times.
But sometimes an emergency matter is brought in by the am-
bulance from Bylas — it's about 28 miles from San Carlos and this
patient has to wait for the doctor to arrive for the treatment
sometimes an hour or 2 hours.
That's the only trouble we had on the reservation as long as
I was the chairman of the health committee there. We usually
meet every third Tuesday each month. I have been talking to the
doctors about this matter, and I think they are doing okay now.
Mr. Smith. You say until recently doctors were on call at the
clinic only during normal working hours and that after 5 o'clock
patients had to wait for doctors to come from their homes? Is
that right?
Mr. Kitcheyan. Correct.
Mr. Smith. What happens if a patient is sick and can't get to
the hospital? Are there facilities for a doctor to come to the pa-
tient's home ?
Mr. Kitcheyan. Negative. We had an ambulance, like I said
before, from Bylas, 28 miles east of San Carlos, and this ambu-
lance is available at all times, day and night, 24-hours. Any
sickness or any emergency matter comes up they usually bring
this patient to the hospital. But around San Carlos after work-
ing hours we don't have any ambulance. We do have an ambu-
lance at the hospital but we are short a driver.
Mr. Smith. I see. Chairman Mull, are there any other health
complaints that members of your tribe have that you would like
to add?
Mr. Mull. Yes. I personally have seen some of the problems
we have had with the Public Health Service. One of them is a
case where a man went to the hospital and he was in very
much pain, and he had to wait in the hallway to see the doctor
for over 2 hours. And he came back to my office, and he told me
that he got tired of waiting and the pain was just getting
worse and worse, so he happened to be with his nephew at the
time, and I told his nephew, I said, "Why don't you go ahead
and take your uncle into Globe to the county hospital and see
59
what's wrong with him, have him checked over there?" And I
knew this man didn't have any money, so I just told him to go
ahead and tell the doctor or the hospital there to send us a bill.
Well, about 2 weeks later the man came back, and he had an
emergency operation, appendix.
Now, there have been other cases similar to this like Roy just
brought out a while ago, after working hours, and also on the
holidays, where the Bureau officials have seen some of the cases
themselves also. And it was said, you know, by one of the Bureau
officials, "Why don't you put up a big sign in the public places
here, 'Please don't get sick after working hours or on holidays.' "
So, it's really true that it's just pretty hard, you know, to get
the doctors to work on the emergency cases.
Sometimes, if you have to ask the nurses, or the nurse to
hurry the doctor up, and they say, "No, he's pretty tired, I'm not
going to call him."
Mr. Smith. Let me ask you this. The staff members of the
Commission have heard complaints from time to time that the
doctors at the health facilities are there only for a very short
time and are rotated rapidly. Is that true of your reservation?
Mr. Mull. Yes.
Mr. Smith. And if so, what kind of problems does it pre-
sent in terms of the doctor-patient relationship ?
Mr. Mull. Well, that's true. They have to put in their time on
the reservation. Now, some of these doctors, you know, are very
good. They are very good doctors. And, well, we can tell right
away, you know, if the doctors are very good, and we begin to
like them, and when their time is up, you know, for them to
leave, well, we hate to see them go, but they have to go.
When the new doctors arrive, it seems like, we have to start
all over again. And it really hurts to try it.
Mr. Smith. You have a tribal health committee. Has this
health committee been effective in bringing some of your com-
plaints to the attention of the IHS and in getting the IHS to
remedy some of these problems ?
Mr. Mull. Well, the intent of the tribal council is that, yes,
and we appoint a five-man committee from the tribal council,
and they are to resolve some of the problems, and you know,
that we have with the Public Health Service.
Mr. Smith. Let me rephrase that question. Has the Public
Health Service been responsive in answering these complaints,
in remedying the problems that you bring to their attention?
Mr. Mull. Some of them. On some of them they do, yes. Not
all of them.
Mr. Smith. Who administers law and order on your reserva-
tion?
Mr. Mull. The Bureau of Indian Affairs.
60
Mr. Smith. The Bureau of Indian Affairs does? Do you be-
lieve that the tribe receives adequate law enforcement from the
Bureau ?
Mr. Mull. To me, I feel, you know, that the Bureau of Indian
Affairs is more involved in tribal politics and not giving the
service, you know, like they should to the Indian tribe as a whole
on our reservation.
Mr. Smith. So you believe that the law enforcement provided
by the BIA is ineffective or inadequate?
Mr. Mull. That's right.
Mr. Smith. What could be done to improve this at San Car-
los?
Mr. Mull. Well, I think, you know, if they have the right
kind of a man that will enforce the law instead of, you know,
the superintendent himself hand-picks maybe some of his ac-
quaintances, from another Indian reservation or maybe from
back home and brings them down to the reservation — Well,
they're not too effective at all. Like, for example, on our reserva-
tion there has been a lot of lawbreaking, you know, and the
tribe by resolution asked the law and order department to fol-
low up on some of these things. Well, at first they said, "Yes,
we'll do it." And then — Well, they did it just once, and after
that, you know, they just forgot about it and it slackened up
again. And we're in the same situation now, as when we asked
them.
Mr. Smith. Let me ask you about one other area. The Bureau
on your reservation contracts out construction jobs to private
contractors, does it not?
Mr. Mull. Yes.
Mr. Smith. Road construction and that kind of thing?
Mr. Smith. That's right.
Mr. Smith. Are you satisfied that members of your tribe are
adequately and fully employed in these construction jobs?
Mr. Mull. Well, they have done — I don't know — about four
or five of them, and that's all. Right now, you know, we don't
have any.
Mr. Smith. Well, when private construction contractors come
on the reservation to do work, as a general rule do they employ
adequate numbers of Indians or do they not?
Mr. Mull. We ask that to be done, but sometimes the con-
tractors say, you know, that they have to have their own mem-
bers, which are union members, and they come first. Or some-
times, when some of our own local Indian boys are hired, then
the contractor finds out about this. Then they say, "You better
get rid of that Indian boy there or else make him join up with
the union and then you can keep him on your payroll."
Mr. Smith. Thank you. I have no further questions.
61
Commissioner Freeman. Chairman Mull, there are two areas
I would like to pursue. Because in response to Mr. Smith's ques-
tion about who administers law and order, you said the Bureau
of Indian Affairs. I would like to ask you again now: The Bureau
of Indian Affairs — By that do you mean that they employ the
persons who are involved in law enforcement, the police, et
cetera? Well, then, I'd like to ask who are these employees, law
enforcement personnel ? Are they Indians ?
Mr. Mull. The criminal investigator, the head man of the
law and order department, is an Indian, but he is not our
member. He is not an Apache. He is of another Indian tribe
from another reservation. He does the hiring. And when there
is a vacancy, he takes the application. Most of our policemen
are local Apache boys at San Carlos.
But I'd like to further add, also, an incident happened here
not too long ago where I asked our criminal investigator to ques-
tion some of the suspects where a young man was beaten up
pretty bad, and this criminal investigator said. "No, I can't do it
unless I have a warrant."
I said, "I don't think you need a warrant."
He said, "Yes, I do."
And then we kind of got into an argument over this, and
then he began to tell me, you know, how he dislikes me. He said,
"I don't like you at all, and I don't like what you stand for, and
I don't like San Carlos at all."
And he said, "If you want to," he said, "You can get rid of me
and I can get the heck out of here the first thing in the morn-
ing."
Now, this is word for word that I'm telling you.
And then about half an hour later we were still talking, and a
lady came in, you know, and she is one of the very respectable
ladies on the reservation. She understands English very well.
So I asked this officer here, "Won't you repeat just what you
told me a while ago?"
And he just threw up his arms like this and he said, "I deny
the whole thing. I don't remember anything at all." And he said,
"I'm not saying anything."
And I said, "Well," I said, "Here's one of your officers, and
he's a local Apache boy there." And I said, "He will be one of
the witnesses."
"Him?"
"Yes."
And he said, "How do you think — What makes you think that
he's going to back you up? He's one of my boys. And he's not
going to support you. He may be your relative but he's not going
to support you as long as I have control over the law and order
department."
62
That's what he told me.
Commissioner Freeman. Will you then answer the other
question that I have? And that is with respect to employment.
Your statement was that the Bureau, which is again a Federal
agency, a Federal contractor we'll say, contracts out construc-
tion jobs, and your answer was that the Federal contractor has
explained his refusal to hire Indians on the basis of the fact
that he had a union contract. Again, this is in violation of
Federal law. And I want to be sure that I am understanding
you correctly. That is, are you saying, that the Bureau of Indian
Affairs does not enforce its nondiscrimination provision of its
Federal contract with private contractors who are engaged in
construction contracts ?
Mr. Mull. Well, we have had, you know, some money allo-
cated, you know, by the Federal Government for road construc-
tion. Like we had one bridge, you know. That was put in here
within the last 60 days. And the money was put up by the Federal
Government. And a white contractor from off the reservation
came in and they did the contract. Now, we have had, you know,
several of them like that in the past where they won't hire
local Indian boys, you know, unless they are members of a union.
Commissioner Freeman. Will you tell us if you have taken
any steps to try to correct this situation ?
Mr. Mull. We have, and, you know, each time when we bring
out some of the things that we'd like corrected, sometimes, it's
just like going against a brick wall. We can't do anything.
Commissioner Freeman. Well, maybe we can. We'll try.
Commissioner Ruiz.
Commissioner Ruiz. Well, on the subject of road construction,
I assume that you do not have all-weather roads that pretty
well cover an area of one million acres during the entire year.
Mr. Mull. No.
Commissioner Ruiz. I assume that there are families who do
not even live near available roads. I assume that. Is that true?
Mr. Mull. That's true.
Commissioner Ruiz. Now, I also understand that we have one
ambulance, to cover a million acres, which is available during
the daytime only. Is that correct?
Mr. Mull. Well, our reservation, you know, the community
itself, we have two communities — San Carlos and Bylas. And we
live close. We are not spread out, you know, like some other
Indian reservations. Like the Navajos, they're spread out.
Commissioner Ruiz. I see.
Mr. Mull. But San Carlos Apaches are different. San Carlos
itself is in one location, its community, and Bylas is 28 miles,
which is another community. So we're not really spread out at
all.
63
Commissioner Ruiz. You're not spread out, and you have two
communities, 28, 30 miles apart, and you have got one ambu-
lance?
Mr. Mull. That's right.
Commissioner Ruiz. Are you happy with that because you're
not spread out?
Mr. Mull. Well, not with the ambulance services at all. We're
not happy with them. We have asked for an additional ambu-
lance, and the local here, Phoenix health area office, promised
that they would have an ambulance for us. And about a month
later Mr. Kitcheyan and his committee met with the local San
Carlos Public Health Service, and he told us that one of the
doctors there said, "No, we don't need an additional ambulance."
But the Public Health Service here in Phoenix said, "You can
have one, another one." We never got it.
Commissioner Ruiz. No more questions.
Commissioner Freeman. Mr. Buggs?
Mr. Buggs. No questions.
Commissioner Freeman. Thank you very much, gentlemen.
You may be excused.
Mr. Mull. Thank you.
Commissioner Freeman. Our next witness is Mr. West An-
derson.
Will you remain standing? Will you raise your hand?
(Whereupon, Mr. West Anderson was sworn by Commis-
sioner Freeman and testified as follows: )
TESTIMONY OF MR. WEST ANDERSON, VICE CHAIRMAN,
WHITE MOUNTAIN APACHE TRIBE
Commissioner Freeman. Mr. Powell.
Mr. Powell. Mr. Anderson, please state your name and posi-
tion for the record.
Mr. Anderson. My name is West Anderson. I am the Vice
Chairman of the White Mountain Apache Tribe.
Mr. Powell. On what tribal committees do you serve?
Mr. Anderson. I serve on, talking about committees, the for-
estry committee and several others. But my regular job is full-
time job as the vice chairman, so I am involved in practically
all the committees on the reservation.
Mr. Powell. You are also on a community action project
committee are you not?
Mr. Anderson. Right.
Mr. Powell. You have lived on the Fort Apache reserva-
tion all your life, have you not?
Mr. Anderson. Right, born and raised on the reservation.
Mr. Powell. How would you evaluate the health services pro-
vided by the Indian Health Service facility on your reservation?
64
Mr. Anderson. I believe we have made lots of improvements
in the past years, but still there is need for more improvements.
We have a service unit there on the reservation, and doctors,
nurses, facilities are good, but, like I said, I think that there's
need for more improvements.
Mr. Powell. What about the frequent changeover of doctors?
Is that a problem?
Mr. Anderson. Yes, sir. We have a problem similar to the San
Carlos Apache tribe.
MR. Powell. What is the name of the Indian health facility
on your reservation ?
Mr. Anderson. Fort Apache Indian Reservation. The rota-
tion of doctors every other year is our problem, because we have
people that would like to stay with their doctor, particular doc-
tors that come, and then by the time they get used to it and the
doctors themselves get used to the particular family's medical
records, then they have to go again. So I think that this should
be improved.
Mr. Powell. Once a doctor gets familiar with a patient's prob-
lem, he moves on and a new doctor unfamiliar with that prob-
lem comes on ?
Mr. Anderson. Right. That's true.
Mr. Powell. Tell me, do patients have to wait a long time at
Fort Apache Indian Health Service facility?
Mr. Anderson. That's right. They have to wait regardless
whether they are in pain or not. And we have checked into it,
and the Public Health Service tells us that they are understaffed
due to lack of funding in some cases.
Mr. Powell. Does the personnel at the Indian health facility
attempt to engage in a mechanism whereby people with more
serious problems do not have to wait and are treated? In New
Mexico, for example, we heard that was done at one facility.
Is that done at Fort Apache reservation ?
Mr. Anderson. I believe they are working on it, because we
have our tribal health committee that has been meeting with
Public Health Service on the reservation.
Mr. Powell. Do Indian people who feel they have serious
problems often feel that those problems aren't treated and they
merely get an aspirin and are sent home?
Mr. Anderson. Right. We have numerous cases like that where
our people go to the hospital and receive just pills.
Mr. Powell. Does this make them reluctant to go to the In-
dian health facility then?
Mr. Anderson. Well, a very few are reluctant, and those few
that have a little money go to an outside hospital that is about
35 miles away.
Mr. Powell. Is that an Indian Health Service facility?
65
Mr. Anderson. It's a non-Indian hospital.
Mr. Powell. Do they have to pay or do they get —
Mr. Anderson. Right, they have to pay. And a good majority
of the patients on the reservation go to the public health hospital
because they, like I say, can't afford, you know —
Mr. Powell. Is there an Indian advisory board for this facil-
ity?
Mr. Anderson. This off-the-reservation facility?
Mr. Powell. No, the facility on the reservation.
Mr. Anderson. Yes, we have a health committee, as we call
them on the reservation.
Mr. Powell. Do they endeavor to correct some of these prob-
lems? And are they having much impact?
Mr. Anderson. Not much impact.
Mr. Powell. Do you have any examples of the kinds of treat-
ment tribal members receive from the Indian Health Service
clinic, the bad cases?
Mr. Anderson. Yes, we have one of the cases where last
summer an Indian, young Indian boy, 23 year old, and a bunch
of other boys went down swimming, and the boy got injured
down during their outing, and he went to —
Mr. Powell. How was he injured? Do you have any informa-
tion as to how he was injured? He was swimming, but what
happened? Do you know?
Mr. Anderson. I believe it was the hospital's job to find out.
But anyway, he went to the hospital, and he was told that he
was all right, and the boy complained that he was sick up in his
head.
And then one day he came in to my office and sat there, and
he was — I'm not a doctor — but he was very sick, looked pale
and weak. So I told him, "Go to the hospital immediately. You're
very sick."
Mr. Powell. Had he been to the hospital already when he saw
you?
Mr. Anderson. Right.
Mr. Powell. He had been once and you sent him back again?
Mr. Anderson. Right. So he told me that, "I have been there
several times and all I have been getting is pills."
And then he went that day back, and he asked me to call
his boss at our tribal sawmill, that he's on sick leave. So I did.
And then next day he went back again, and that day the doctor
told him that he was all right.
Mr. Powell. This was the second time?
Mr. Anderson. Yes. Written a note. And then he died the
same day. So this was shocking to the supervisor at the sawmill
that a note was written.
66
Mr. Powell. Our inquiry into the matter suggests that the
young boy attended the hospital three times.
Mr. Anderson. Yes.
Mr. Powell. And that he arrived at the hospital on the third
occasion dead.
Mr. Anderson. Yes.
Mr. Powell. Was there an autopsy taken of the body of this
young man?
Mr. Anderson. I do not remember, but the parents, I'm pretty
sure the way they talked, would not allow that, because the
thinking of the Indians is that the body shouldn't be bothered,
and it would be pretty hard to convince the parents, Indian
parents, to have an autopsy.
Mr. Powell. I'm sorry. What was the last thing you said
about the autopsy again ?
Mr. Anderson. The thinking of the Indians, I said.
Mr. Powell. Often autopsies are necessary, and I believe that
we will hear testimony later that an autopsy was in fact taken.
Was there another case, similar, comparable case?
Mr. Anderson. Yes, there's another young girl that was taken
there to the local hospital several times. All she was given was
some pills. And then later on a shot. And the doctor was notified
that the girl got worse after she started receiving shots. And
for 4 days she was getting shots. The mother —
Mr. Powell. What were her complaints when she went to
the hospital ?
Mr. Anderson. Well, she was a 6-month-old girl so it was
pretty hard to tell, you know.
Mr. Powell. I see.
Mr. Anderson. So anyway —
Mr. Powell. I beg your pardon.
Mr. Anderson. The mother was saying that the baby got
worse after — when she started receiving shots. So the doctor
said at the hospital that, "Well, she's just complaining about
the little diarrhea," some diarrhea.
So the fourth day she was taken up to an outside hospital. By
that I mean off the reservation, non-Indian hospital.
Mr. Powell. Private hospital?
Mr. Anderson. Yes, private hospital. And there immediately
the doctor said, "That girl is very, very sick." So immediately
they took her blood test and they found out that she was allergic
to the penicillin shots. She had a bad diarrhea and had pneu-
monia— three altogether.
Mr. Powell. What happened to the child? What did they
say would have happened to the child had she not been —
Mr. Anderson. The child would have died shortly after. But
she made it all right. The medicine was purchased and a shot —
67
not a shot, but a medicine — and had appointments from there
on. And she made it.
Mr. Powell. Now, the parents of this child, because they had
sufficient funds, were able to go to a private hospital ?
Mr. Anderson. Right.
Mr. Powell. But in case of most Indians they would not have
had the money to do this? Is that correct?
Mr. Anderson. That's what I maintain. Few people do this.
And a good majority of the Indian people don't have any choice.
Mr. Powell. Is there anything the tribal government can do to
remedy or improve the situation of the Indian Health Service?
What kind of control or authority do you have?
Mr. Anderson. Well, we go to the health committee and also
to the tribal council and try to talk through these people to
public health people, but it seems like we're up against a brick
wall. And their main excuse is that they are understaffed and
lack funding. This is the thing. And when the man tells us that,
it's pretty hard —
Mr. Powell. Certainly they need more funding.
Mr. Anderson. Right.
Mr. Powell. I'm sure that is one of the things we are going to
be looking into. Do you have any other suggestions?
Mr. Anderson. Yes. We have — Suggestion you said? No, I
don't have any suggestions at this time.
Mr. Powell. One of our staff members wants to know are you
informed of the case of the 8-year-old daughter of Felix Clay
who was sent home from the White River Hospital with a tem-
perature of 103 and history of epilepsy?
Mr. Anderson. I have heard —
Mr. Powell. Later she died in intensive care at Good Sa-
maritan Hospital in Phoenix. Are you familiar with that?
Mr. Anderson. I'm not familiar with that but I —
Mr. Powell. This is the kind of thing you hear?
Mr. Anderson. Yes. There's numerous cases like that.
Mr. Powell. Mr. Anderson, approximately what is the em-
ployment rate on your reservation — the unemployment rate,
rather, on your reservation ?
Mr. Anderson. At least 50 percent.
Mr. Powell. Fifty percent?
Mr. Anderson. Yes.
Mr. Powell. In excess of 50 percent?
Mr. Anderson. Yes.
Mr. Powell. What sources of employment are there for mem-
bers of your tribe, Mr. Anderson? What sources of employment
are there?
Mr. Anderson. We have timber resources, cattle industry.
68
Mr. Powell. Did your tribe at one time have a contract with
the Southwest Lumber Company?
Mr. Anderson. Right.
Mr. Powell. What was your experience under that contract?
Mr. Anderson. We had contracts, several in the past, with
the Southwest Forest Industry, and the one particular contract
that was written up in 1948, I believe it was — it's a 25-year
contract — and in that contract it is written up where the
stumpage price was kept.
So recently — or not recently — several years ago — where the
company was paying far less for stumpage, and at our tribal-
owned sawmill we were paying about twice as much —
Mr. Powell. You entered into a contract with the Southwest
Lumber Company in about 1948 —
Mr. Anderson. Right.
Mr. Powell. — and the price for stumps was $7 at that time?
Mr. Anderson. Something like that.
Mr. Powell. And during the course of that contract the cost
of stumps went up but there was no provision in the contract to
take care of that?
Mr. Anderson. Right.
Mr. Powell. Meanwhile, your own tribally-owned lumber
company was paying much, much more?
Mr. Anderson. Right.
Mr. Powell. $25? $47?
Mr. Anderson. Yes.
Mr. Powell. Eight times more?
Mr. Anderson. Right.
Mr. Powell. Then what happened?
Mr. Anderson. Then the contract — Good thing it terminated,
expired.
Mr. Powell. Did the Bureau provide you with any assistance
in making a clause that would take into account the increase in
stumps? What was their role?
Mr. Anderson. Their role wasn't much as far as I'm concerned.
Mr. Powell. Aren't they in their technical assistance obliga-
tion to you — Shouldn't they advise you as to what kind of leases
you should enter into and advise you about cost of material in-
crease provisions ?
Mr. Anderson. Right. But —
Mr. Powell. That wasn't done in this case?
Mr. Anderson. I don't believe that was done, because it was
obvious the way the contract was written.
Mr. Powell. And for that reason you refused to renegotiate a
contract with that company? Is that correct?
Mr. Anderson. Right. And also we built our own sawmill.
69
That was one of the main factors that we decided to do, to
process the timber, our staff.
Mr. Powell. How is your sawmill doing? Okay?
Mr. Anderson. Our sawmill started in 1963, and three man-
agers had been fired at the start, and with all the Bureau tech-
nical help they didn't do much, because the record shows that we
went way, way down in the hole.
Mr. Powell. Because the Bureau did not provide you assist-
ance?
Mr. Anderson. Yes, even though they were supervising.
Mr. Powell. You say they had three managers fired — did
you say?
Mr. Anderson. Yes, three different managers had been fired.
But still we were going down.
Mr. Powell. Okay.
Mr. Anderson. So the council got together, and they wanted
to hire their own man, a private lumberman, and he's non-
Indian. They hired him, and immediately he went to work —
Mr. Powell. The tribe hired him?
Mr. Anderson. Yes. The tribe, yes. And then immediately the
tribe recovered from financial losses.
Mr. Powell. In other words, without having the involvement
of the Bureau you were able to do better?
Mr. Anderson. Right.
Mr. Powell. I see. During the tenure of this contract with
Southwestern Lumber Company, was that company under any
obligation to provide employment opportunities for tribal mem-
bers ?
Mr. Anderson. Right. I'm pretty sure it was written in their
contract to have the Apaches on the reservation employed.
Mr. Powell. Did they live up to that obligation? More or less?
Mr. Anderson. I don't believe so, because as an example, when
this 25-year contract expired, just prior to that, they had around
seven Apaches employed, and during that termination, expiration
date coming up they immediately hired 30, somewhere in the
neighborhood of 30, because they know that they will have to
negotiate with the tribes.
Mr. Powell. What justification did they give for not hiring
Indians — the Southwest Lumber Company. What reason did they
give? What excuse did they give for not hiring Apache members?
Did they talk in terms of qualifications?
Mr. Anderson. Well, during my time in office we didn't ne-
gotiate with them. This was several years ago. But I'm pretty
sure they would say the Apaches do not have the skills that are
required. I'm pretty sure this would be their words.
Mr. Powell. In view of the experience of your tribally-
owned lumber company, would you say that the BIA experts
70
unnecessarily try to control tribal management to the detriment
of the tribe's interest? Is that —
Mr. Anderson. Yes.
Mr. Powell. In your opinion, does the tribe's experience with
its lumber operations prove that private industry is wrong in
its assertions that no qualified Indians are available to fill the
higher paid positions in lumbering?
Mr. Anderson. Would you repeat that?
Mr. Powell. In view of your tribe's experience with your own
tribally-owned lumber company, would you say that private
companies are wrong when they say that there are no qualified
Indians they can find for the better paying positions in lumber-
ing?
Mr. Anderson. Right. We have done it, and we have proven
that the Indians on the reservation, if they are given a chance,
can prove that they can learn.
Mr. Powell. With respect to private construction contractors
operating under BIA contracts, is it your view that Indians
have been adequately employed by such private contractors?
Mr. Anderson. No. Again, we come against the union con-
tract similar to San Carlos.
Mr. Powell. Do you feel that the BIA makes any efforts to
review contractors and put pressure on them to improve their
hiring and promotion policies for Indians? Does the BIA get
involved with respect to what private contractors are doing?
Mr. Anderson. I don't believe so, because not too long ago we
had a private contract to build a road, a community road,
about 12 miles, and not a single Apache worked on that project.
Mr. Powell. Have you told the Bureau about some of these
problems ?
Mr. Anderson. Yes.
Mr. Powell. What has been their response?
Mr. Anderson. Their response is like the Public Health Service
— not enough funding.
Mr. Powell. Not enough funding?
Mr. Anderson. Not enough funding.
Mr. Powell. I have no further questions, Madam Chairman.
Commissioner Freeman. Mr. Anderson, is it correct that
perhaps the Bureau may be administering some contracts that
may be HUD contracts or other agency contracts?
Mr. Anderson. Yes. We had that with the Bureau here not
too long ago, but now we are — the tribes are — doing the thing
themselves. We have a tribal housing authority, and it all con-
sists of Indian people on the reservation.
Commissioner Freeman. And in those cases, then, the tribe
would be contracting and negotiating directly with the Depart-
ment of Housing and Urban Development?
71
Mr. Anderson. Right.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. I have no questions.
Commissioner Freeman. Mr. Buggs?
Mr. Buggs. Mr. Anderson, if the tribe can carry on and
execute contracts with HUD for housing and with whomever
for the exploitation of your own natural resources, can you not
do the same thing for health services?
Mr. Anderson. I'm pretty sure we can do that.
Mr. Buggs. What would happen if the tribe had all of those
doctors and the hospital staff reporting to the tribe for their
stewardship rather than to somebody in Washington or to a
regional office?
Mr. Anderson. I think this type of arrangement would be
much, much better.
Mr. Buggs. Thank you.
Commissioner Freeman. Thank you very much. You're ex-
cused.
This hearing will be in recess until 3:10.
(Whereupon, a recess was taken.)
Commissioner Freeman. Will the hearing come to order?
We would like to call as our next witnesses Dr. Charles Mc-
Cammon, Director, Phoenix Area Indian Health Service, and Dr.
James Erickson, Service Unit Director, Phoenix Indiar Medical
Center.
Will you remain standing?
(Whereupon, Dr. Charles McCammon and Dr. James Erickson
were sworn by Commissioner Freeman and testified as follows: )
TESTIMONY OF DR. CHARLES McCAMMON, DIRECTOR, PHOENIX
AREA INDIAN HEALTH SERVICE, AND DR. JAMES ERICKSON,
SERVICE UNIT DIRECTOR, PHOENIX INDIAN MEDICAL CENTER
Commissioner Freeman. Thank you. You may be seated.
Mr. Powell.
Mr. Powell. Would you each please state your name and ad-
dress and occupation for the record ?
DR. McCammon. Dr. Charles S. McCammon, 5313 East Os-
born Road, Phoenix, Area Director, Phoenix Area Indian Health
Service.
Dr. Erickson. James H. Erickson, M.D., 4808 North 34th
Place, Phoenix, Director of the Phoenix Indian Medical Center
and Phoenix Service Unit.
Mr. Powell. Dr. McCammon, as area director you have
overall supervisory responsibility for the medical services which
are obtained at the Indian Health Service in this area? Is that
correct?
Dr. McCammon. That's correct.
72
Mr. Powell. Dr. McCammon, the material, the data compiled
in connection with our demographic staff paper showing the situ-
ation in New Mexico and Arizona indicates that although Amer-
ican Indians have one of the highest birth rates of any racial
group, the life expectancy of Indians is well below that of other
Americans. Is this so in the Southwest?
Dr. McCammon. That is very definitely so.
Mr. Powell. Would you please explain why this is so?
Dr. McCammon. Well, first of all, the infant death rate the
first year of life is definitely much higher, almost twice as high
as the nation as a whole. However, the death rate of Indian
infants during the first month of life is comparable to that of
the rest of the country, and during the first week of life is
better in many places and is better than the Southwest States.
Now, this is due to the fact that most all the Indian babies
are born in a hospital, that there is a hospital birth. The high
infant death rate occurs after the child goes home into an in-
adequate house, in very severe climates, and in overcrowding,
and in the families that are often handicapped for lack of food
for proper nourishment.
So that it is the harsh environment and the socioeconomic
conditions of the family that put that newborn at high risk, so
that the infant deaths from the enteric diseases, the diarrheas
and dysenteries and pneumonia are related very directly to the
environment.
Mr. Powell. Are there any steps that the Indian Health Serv-
ice can take to deal with this problem?
For example, we have heard it said that the Indian Health Serv-
ice focuses more on curative and doesn't pay enough attention
to preventive medicine.
Dr. McCammon. Well, certainly the volume of our effort or
the volume of our workload is the people who are acutely ill.
There is a great deal of work done in preventive health, and I
think the preventive health effort which is probably having
the greatest long-range impact on the health of people like the
new Indian infant is in sanitation of Indian homes, in water and
waste disposal.
We started this program 10 or 15 years ago. However, it has
been enhanced by the fact of the program of HUD and the
Bureau of Indian Affairs home improvement program and other
housing programs for the tribes, so you can find new, improved,
homes with improved water supply and along with the general
improvement in economy, and on many of the reservations you
are seeing a marked change in health conditions.
I think we do have a preventive health program of home
visiting of professional nurses, public health nurses, health edu-
cation program, and the program that is noticed in the Indian
73
Health Service which you have probably heard about is a tribal
program, funding through a contract with the Indian Health Serv-
ice, and that is the community health representatives.
And these people are involved in both health education repre-
senting their people and their problems to us and trying to ex-
plain the modern medicine practices to their families to assist
them to get into a hospital or to a clinic and to act as a spokes-
man for them in many cases if they have to go off reservation
to a contract physician or hospital.
Mr. Powell. Are there enough financial resources being de-
voted to this problem? Each year that there's insufficient
funds, more and more Indians are not going to have life ex-
pectancy comparable to other Americans, and more and more
Indian children are going to be dying during the first year of
life. Are there adequate resources being provided ?
Dr. McCammon. No, there definitely isn't. I think you have
heard reference from representatives from two reservations
who spoke about the staffing of their hospitals. Very recently
we were asked to do a staffing table for GAO that was doing a
preliminary to a survey for a general audit of our operation.
And using hospital staffing criteria as presented by the Amer-
ican Hospital Association, overall, we were deficient around 35
percent in the staffing of our hospitals.
Now, the particular hospital that Mr. Anderson was talking
about has around, a little over, 60 people, and using that criteria,
they needed over 80 more people to come up to comparable —
Mr. Powell. They had less than half?
Dr. McCammon. Less than half of the people to be comparable
to community standards in staffing the hospital.
Mr. Powell. You make requests for funds, don't you?
Dr. McCammon. We place the requests for funds, and these
are also endorsed and supported by our area health board.
Mr. Powell. Well, what kind of requests for funds have you
been making say during the last 3 or 4 years? Can we have
those requests — make them a part of the record ?
Dr. McCammon. Yes.
Mr. Powell. Have you been requesting more funds?
Dr. McCammon. What we have been doing is program pack-
ages, one related specifically for staffing for quality of care which
indicates the basic minimum increases that we need, and the
various program elements have been identified in these program
packages in the budgets that we submit to Washington.
Mr. Powell. Dr. McCammon, another problem continually
brought to the attention of Commission staff involves mental
health conditions, evidenced by high suicide rates and alcohol-
ism rates. How would you assess this problem in Arizona? And
what is the Indian Health Service doing to overcome it?
74
Dr. McCammon. Well, this, of course, is the most active new
program in Indian health. I think the exciting thing about the
alcohol program is that all the tribes in this area have an alcohol
program that they are managing themselves through other than
Indian Health funds.
There are some — in some cases a supplemental contract from
the Indian Health Service.
So the tribal people themselves have identified alcohol, and
they have identified it as a health problem, and so that our
mental health people are working with them on this.
Now, in all of our — Three service units do not have profes-
sional mental health workers. They all have either professional
workers or mental health technicians who have received special-
ized training, and they are working with the rest of the Indian
Health Service staff as well as with the tribal programs and
community health representatives and the alcohol program in
attacking these problems.
Suicide is a real problem on some of the reservations, and our
people tell us that this is undoubtedly due to people caught in
transition between one culture and another feeling that they
have lost one world and they don't belong or aren't accepted in
the other.
Sometimes, the outsider who might visit some of these reser-
vations that have a very high suicide rate, would think that
that reservation had a lot going for it. You'd see more new
housing. You'd see small businesses and job opportunities. And
yet when you look at a problem like suicide it would be four
and five times the national average.
So that this is the best reason that I have heard, and it
is one that generally that the tribal leaders themselves present
as part of the reason for high suicides — the frustrations of mak-
ing a transition and trying to compete in the dominant society.
Mr. Powell. You mentioned that you didn't have enough
professional mental health workers. Have you made requests
specifically for funds to fill slots so that you'd have an adequate
number of professional mental health workers?
Dr. McCammon. Yes. That is in our program plan.
Mr. Powell. Dr. McCammon, what to the best of your
knowledge is the State doing to overcome some of these prob-
lems of alcoholism and suicide?
Dr. McCammon. At least in three reservation areas where
there are State mental health programs, their staffs have been
working with our staff and with the tribal groups. Indians are
accepted in the mental health clinics in those areas, and then,
in addition, we have been able to supplement the mental health
clinics by using the State and local staff under supplemental con-
75
tracts from us to come into the reservation and to conduct com-
munity mental health clinics.
Mr. Powell. Dr. McCammon, what is the nature of the Indian
Health Service responsibility to serve the health needs of urban
American Indians? Does the responsibility differ depending on the
status or residence of the Indians?
Dr. McCammon. Well, if I may, I think we have had several
terms and words expressed here —
Mr. Powell. Please clarify the record.
Dr. McCammon. — and I'd like to try to clarify it.
I'd like for us in the discussion to disregard "on or near reser-
vation" because I think philosophically, and the way our policy
is set up in the Indian Health Service, we talk about eligible
Indians and not geographic locations of where they —
Mr. Powell. You talk about what kind of Indians?
Dr. McCammon. We talk about eligible Indians.
Mr. Powell. Eligible Indians?
Dr. McCammon. Eligible Indians. And not necessarily where
they live — until we get down to the gruesome, embarrassing
bind of setting priorities. And then we do give preference to
reservation Indians because — and this is what I'd like to correct
for the record — I do not think it is the intent of Congress to
exclude urban Indians. I think our interpretation is the intent
of Congress to provide special services to reservation Indians.
Mr. Powell. Regardless of where they live?
Dr. McCammon. That's true.
Mr. Powell. But then your categorization, your priority, turns
not on eligibility but on funding?
Dr. McCammon. That's correct.
Now, there was a period in our old Indian hospital here in
Phoenix when there was no obstetrical service. This was all
under contract with one of the community hospitals. The hospital
was too small, not desirable for obstetrical service. So this
went on contract.
And during that period of time the residents in Phoenix, the
Indian people who lived off reservation, were excluded from
those services because they were considered out of priority
and the money was not available.
That did not exclude them from going to Sacaton, which was
40 miles from here, to receive hospital services for delivery at
the Indian Health Service hospital.
So that there is in the priority basis a distinction made be-
tween people who reside on reservation and the people who re-
side off reservation — not as far as eligibility, if they are a mem-
ber of one of the tribes, bands or groups that still have a special
Federal relationship.
Mr. Powell. In view of the fact that this health care, like
76
other items brought up by the Government, are items which the
Government is obliged to provide under treaty and under legis-
lation, is that carrying out the responsibility of the Federal
Government as it should be?
Dr. McCammon. You know, one of the frustrating things I
think to a health professional is trying to understand the dis-
cretionary authority of the Federal Government in Indian serv-
ices.
I think if one looks at treaties — I don't want to get in debate
on treaty rights and what not — I don't think treaty rights
really spelled out what was due individuals for health. I think
it's all based on the intent of Congress that over the years as
the program evolved — of what Congress has wanted to do
for Indian people and special services that have been identified.
It's an entirely different picture now of what Congress is iden-
tifying than when I came in the program in 1948.
Mr. Powell. It has been testified that to some extent Indians
are not freely admitted to municipal and county hospitals. What
is your view as to the responsibility of these municipal hospitals
to provide services to Indians, whether they be on or off the
reservation, who come to seek such service?
Dr. McCammon. Well, not having any specific examples that
I know for a personal fact, I prefer not to make a statement
on it. I have heard evidence, I have heard statements made —
Mr. Powell. Dr. McCammon, I think you misunderstand my
question. I'm not asking you to give any information on facts.
I'm just asking you in principle.
Assuming that there are Indians living in the urban areas,
as there are, who go to municipal hospitals to seek service, and
assuming further that on occasion these municipal hospitals deny
them that service, are they conforming with their obligations
to residents in that area who are Indians?
Dr. McCammon. Certainly not, as long as the Indian is simi-
larly circumstanced to anyone else that is eligible to receive
care there. They have no legal right in my mind to deny services.
Mr. Powell. What would you say should be the solution to
that kind of problem where municipal hospitals do not treat
Indians on the same basis as other similarly situated non-Indian
citizens who live in that area?
Dr. McCammon. Well, I think the Indian people with proper
spokesmen and with the Indian Health Service playing an advo-
cacy role — and this was one in this county 10 or 12 years
ago — should pursue this, and, if necessary, even pursue it through
the legal counsel of the Department of HEW.
I think, you know, we have had a real major change in situ-
ation with the opening of our new Phoenix Indian Medical
77
Center here. And as has been already presented, the majority of
Indian people seem to want to go to an Indian hospital.
Now, whether the individual Indians who have been trans-
ferred from one of the hospitals or the county hospitals or
public hospitals here, who have been transferred to the Phoenix
Indian Medical Center, have been transferred against their will
I do not know.
But in public meetings like this the Indian people have told us
they want to go.
So that there has undoubtedly been a dropoff on utilization of
county hospital since the opening of the new Phoenix Indian
Medical Center, which has not helped our situation particu-
larly.
Mr. Powell. Dr. McCammon, the Commission has been sup-
plied with information indicating that although Indians provide
a significant percentage of the overall employment makeup of
the Indian Health Service, that by and large they are concen-
trated in lower-level positions. For instance, in Arizona, about
80 percent of all Indian Health Service employees who are GS
level are GS-1 through GS-4, while only 13 percent of the GS-9
through GS-11 level are Indian. How do you account for this
situation, particularly in light of the fact that, as I understand
it, you operate under the Indian preference clause which gives
preference to qualified Indians in both initial hiring and pro-
motion. Isn't that true?
Dr. McGammon. That's correct.
Mr. Powell. How do you account for the relative dearth of
Indians —
Dr. McCammon. There are two major reasons, and I do have
current — the past 3 months — employment records by grade classi-
fication, by sex and race, and I'll be happy to submit those for
the record.
Mr. Powell. Please do.
(See Exhibit No. 5 for the information mentioned.)
Dr. McCammon. First of all, in the lower grade categories,
where a technical skill is not required, we rarely, if ever, even
consider a non-Indian. In other words, on the reservation where
a professional or a technical skill is not required, we just don't
even consider anyone but Indians, because these are local hires.
We move in, then, to the technical and the professional cate-
gory, and we do not have a manpower pool of Indian employees
in the health professions. I think the Indian people themselves,
their tribal leaders, have stated a strong desire to see their young
people get educational opportunities and to go into the health
professions.
You had reference to the graduate school for Indians. There's
actually two schools, University of California at Berkeley and
78
the University of Oklahoma, that have a graduate program for
Indians to give them graduate-level training in health manage-
ment and instruction.
We have an interesting situation in the management level. It's
no excuse. I mean we're not happy with the percentage of Indian
employees we have in our operation. But when we get into the
management level area, there's a very, very highly competitive
field for Indian managers, and between the Bureau of Indian
Affairs and Indian Health Service, the Indian organizations, other
groups — these young Indian managers are greatly in demand.
We do have in our office four young Indians in career develop-
ment, as managers. But this is a — The real shortage — The
health professionals and the manager, the managerial level, are
the real shortage category that we have in Indians.
Mr. Powell. Well, have you been in touch with your superiors
in the Indian Health Service or your counterparts in the BIA to
the end that steps should be taken to see to it that educational
opportunities will be provided to Indians, that there will be a
pipeline which eventually will begin to turn out Indians who
will be able to fill these positions of technical, medical, and
managerial positions ?
Dr. McCammon. Yes, we have. Actually, we have set up one
program of our own here in Phoenix, and that is taking Indian
licensed practical nurses while they are employed and working
in the Phoenix Indian Medical Center, to support them in a
scholarship program at one of the community colleges so that
they can get an R.N. degree at the end of 2 years. And, of
course, the scholarship program applying within the whole Indian
Health Service is very closely coordinated.
And we have recently had contact with the Bureau of Indian
Affairs. I don't think that we have had as much day-to-day con-
tact with the Bureau of Indian Affairs' scholarship program as
is desirable. Where we usually get involved is when we have
identified or an Indian youth has been identified to us that needs
assistance, and then we try to provide him some help and knowl-
edge of places to go.
Mr. Powell. Dr. McCammon, turning now to some of the
earlier testimony, you heard the testimony regarding the young
Indian youth who had been swimming and who had sought
medical attention at one of the health facilities for which you
have supervisory responsibility. There was another instance of
a young child being brought to a facility and not being treated,
given penicillin shots, when according to a subsequent investiga-
tion that was contraindicated, and where the doctors said that
had they not gone to other than Indian Health Service doctors in
this instance the child would have died.
Would you care to comment on any of that ?
79
Dr. McCammon. Only to the degree that with the workload
pressures in our hospitals where a doctor may have only 1 min-
ute per patient to get through the day, he's not going to do the
type of examination that he needs.
Mr. Powell. One minute per patient ?
Dr. McCammon. In some cases the workload in the day's time
for a physician to get through the day will have 1 minute,
2 minutes, 3 minutes, never any desirable time to —
Mr. Powell. Don't you have sufficient staff that by the time
that a doctor sees a patient that patient has been worked up by
regular R.N.'s and —
Dr. McCammon. We have people in situations that are screen-
ing people trying to identify the ones who are acutely ill, but we
do not have a pre-examination of the type that you're talking
about where we do have a program of training community
health medics, physician assistants, who will be doing that. We
have other physician extenders trying to save the time of our
physicians who are not diagnosing but are taking the chronic
patients and following them, the ones that need medication.
Mr. Powell. Let me ask you a question then. In the Indian
Health Service, what level of medicine does it practice? What
quality of medicine does it practice? Is it an emergency facility
which can only handle emergency cases and where there are
cases which require more than that do you refer it to private
hospitals for long-term care? Or —
Dr. McCammon. I think for the most part in the majority of
our facilities our physicians are doing episodic care. Because of
the workload and pressures and beds available, they are exam-
ining for the current presenting illness and treating that and
moving on to the next, and there is not in most places time for
a comprehensive patient workup.
Mr. Powell. Can they provide adequate medical service if
they focus on the episodic symptom and don't at least identify
problems which require further attention and then refer them to
those hospitals which have contract care and which can deal
with that problem ?
Dr. McCammon. Well, all of the major problems that are
— major problems for diagnosis or major problem for care —
we do have funds for referral of those to contract facilities.
Mr. Powell. But are you exercising the things necessary to
see to it that Indians who come to you and who need that —
Dr. McCammon. Well, in the example of White River Hospital
in the case that was discussed this afternoon, we average about
40 to 50 patients moved from there to Phoenix by air each
week, so that —
Mr. Powell. Phoenix is where the contract care facilities
are?
80
Dr. McCammon. This is the metropolitan — this is the medical
center area. And I say Phoenix. That does not necessarily mean
that Phoenix Indian Medical Center. It may be the Phoenix Med-
ical Center for routine surgery. It may be to St. Joseph's Hos-
pital for neurosurgical workup or one of the other hospitals that
have a highly-specialized service that we do not have in our
medical center. And there is a routine transportation setup be-
tween all of our reservations and Phoenix.
Mr. Powell. In New Mexico, in talking with your counter-
part in the Albuquerque area, we heard testimony regarding a
so-called elective procedure. That is to say, if the patient needed
surgery for glaucoma or a hernia but it wasn't absolutely re-
quired that moment or that week or that month or that year,
that that patient's need was deferred and that conceivably that
need could be deferred over a number of years and the patient
could conceivably become very chronically ill and die and the
patient would never be served.
Your counterpart said that he didn't consider that good med-
ical practice and it was only because of funding and he wouldn't
engage in that if he could avoid it.
Do you have a similar — Do you operate under similar con-
straints here ?
Dr. McCammon. We do, but I think for the most part, having
our own medical center here in Phoenix, that we do not have a
significant backlog of elective surgery.
We do have a backlog of elective procedures like orthodontic
care for correction of teeth and mouth problems, for correc-
tions, elective surgery, for cosmetic effect. But for the most part
needed surgical procedures are generally taken care of without
any great problems. I mean there may be a backlog, a delay
from a week to a month to the next quarter, but within a
year's time I think we have done very well on those major
medical problems.
Mr. Powell. You don't have that problem here, but —
Dr. McCammon. Our delay is — in priorities is — in dental
care and cosmetic and maybe some major corrective orthopedic
type work that doesn't fall within the crippled children's pro-
gram.
Do you know of any, Jim ?
Dr. Erickson. I don't.
Mr. Powell. Dr. Erickson, what are the principal problems —
We understand that you are — What again ?
Dr. Erickson. Director of the Indian Medical Center here in
Phoenix.
Mr. Powell. What are the principal problems facing Indian
Medical Center?
Dr. Erickson. I think if I had to list the two principal prob-
81
lems that face us it's those that Dr. McCammon and others have
already stated, and that's the combination of staffing and fund-
ing which of course go hand in hand.
I think when the Indian Medical Center was programmed
and built, nobody ever dreamed of the growth that we would
see. And our outpatient load has indeed more than doubled
since we moved from the old campus into the new medical cen-
ter without the concomitant rise in staff to handle that load,
although we are still handling the load, and I'm amazed that the
boys do as well as they do.
Mr. Powell. Dr. Erickson, we have heard several complaints
both in our testimony and earlier investigation regarding the
Phoenix Indian Medical Center. These include insensitivity on the
part of staff, long waiting periods, lack of Indian confidence in
the doctors because of the doctors' inexperience, particularly
because of doctor turnover, and inadequate promotion of Indian
employees. How would you respond to these complaints ?
Dr. Erickson. Well, let me answer first of all the insensitivity
situation. I think this certainly has some cultural bearing, and
I have been in this situation before, having been an adviser in
a foreign country.
I think whenever you take a predominantly metropolitanized
young individual and give him professional training within a
city for anywhere from 8 to 12 to 14 years and then suddenly
he comes face to face with a cultural background with which he
is not familiar at all, you're going to have some communica-
tions problems.
I think that sometimes the individual receiving services — and
this is not simply true in the Indian community — it may well
be true in an Anglo-to-Anglo interface situation — where the
physician may appear brusque because he is busy and he does
have the next patient to get to if he's going to clear out that
waiting room at the end of the day, so patients will have to wait
at least as little time as possible.
He is going to appear to some, indeed many, as being too
curt, not giving them time enough, and so forth and so on.
I have seen this in the private sector and in military medi-
cine and now in the Public Health Service.
Mr. Powell. Do you think that orientation of professional
staff about these cultural problems, identify what they are and
education from the point of view of Indian — For example, we
heard testimony in New Mexico that Indians felt that if you
just asked them questions and diagnosed on the basis of oral
discussion without touching them, physically touching the parts,
that you weren't interested.
I mean, shouldn't that communication gap be tried to be
reached by talking to doctors on the one hand about cultural
82
problems and talking to Indians on the other hand about what
the requirements are ? Is that being done at all ?
Dr. Erickson. That's being done. We have an orientation pro-
gram for all new staff and particularly for new medical officers
that lasts approximately the first 6 to 8 weeks of their service
at the medical center, in which we go into many staff and
policy situations, and along with that Indian culture.
I think one can only say that, you know, you can talk about
this as much as you want to, but if you're not embroiled in it
for a long time it really won't rub off that much.
I think that one can be in any different culture than his own
for a long time before he really becomes fully aware of what
the other people are saying to him. And, of course, we have
the same problem at least for some of our staff that the field hos-
pitals have in terms of relatively rapid turnover approximately
every 2 years of the younger commissioned officer.
Mr. Powell. In this connection, is there any machinery at
your hospital for Indian input, policy-making, a group that would
be sensitive to these problems and stay on top of them and see
that they are being met ?
Dr. Erickson. Yes, we do. We do have at our hospital an
Indian advisory board whose problem it is to represent the Indian
desires and interest to us, to help us in our priority-setting,
help us develop long-range program plans for our health pro-
grams, and also interpreting the Indian Health Service policies
and procedures to the various people.
Now, we are in a little different situation here in Phoenix, in
that we are not on a reservation with just one tribe. Probably
somebody from every tribe in the United States probably is
represented in Phoenix. But our major geographic responsibility
is for the tribal group surrounding the city as well as those
within the city, and we do have a tribal advisory board whose
members are chosen from the reservations which we are re-
sponsible for, as well as the Indians living within the metro-
politan area off the reservation.
Mr. Powell. Dr. McCammon, we have heard similar com-
plaints— Just as we have heard complaints about the Phoenix
Indian Medical Center, we have heard similar complaints about
the facilities in the Phoenix area as a whole. Would you care
to respond to them ? The long waiting, the insensitivity ?
Dr. McCammon. Yes, I'd like to. I can't very well avoid or
pass up the opportunity to stick in a personal bias, totally sub-
jective, that I have towards hospitals. That is, not just our
hospitals but it's all hospitals. There seems to be an innate
tendency to operate for convenience of the staff and not for the
patient. And this is something that we try to cover in our orien-
tation. In the reservation orientation of the new staff, the
83
Indian council, the board or the health committee is asked to
conduct part of that orientation, to also take the people into the
field and see the field, the homes, visit people in the homes.
In the past 2 years we, becoming rather discouraged on get-
ting additional funds for additional people, have been taking a
very close and hard look at the efficiency of our operation to
see if we can do better with what we have. And without people,
with some adjustments through studies of our outpatient de-
partment, we have come to realize that if we can come up with
two examining rooms for each physician, if we can get a third
of the people to participate in an appointment system, we can
cut the waiting time to one-third or even one-fourth of what
it was in the past by taking a look at our method of operation,
even though we may not give any more time to that patient
with that physician. There aren't any more physicians to go
around, but we can cut down that patient's time in the waiting
room by a more efficient and effective way of operating.
Mr. Powell. What about this question of control? What
should be the proper relationship between the Indian Health
Service on the one hand and tribal governments on the other?
What should be the role of the Indian health advisory board?
Dr. McCammon. Well, in this area — and I think our area
board is one of the oldest and most effective of all — we have
taken the approach that we are working at a board of directors'
level.
Now, on a reservation the authority, the total authority, for
management of civil government and operation on the reserva-
tion is the tribe, and we are only charged by Congress to
deliver health service, to conserve the health of the Indian peo-
ple, to operate and manage health facilities. The authority for
writing health codes and whatnot is in the tribe. So we have
an ideal situation and a need for a partnership approach in
planning and managing the health program.
Now, we have three tribes that currently are awaiting fund-
ing for an opportunity to set up their own tribal health author-
ity and their own health departments. In this area something
in excess of $3 million of funds are managed by tribes in
health-related programs, people that are working in health-re-
lated programs, that are totally under tribal management, and
I think this is the logical step for a tribe to take — first to
start managing a community health program and eventually be
prepared to say, "We'd like to take over and manage the pro-
gram."
This is the objective in the Indian Health Service. There is not
a timetable on it. It's the objective to be paced to the desires of
the individual Indian tribe.
Mr. Powell. Madam Chairman, I have no further questions.
84
Commissioner Freeman. Dr. McCammon, how many health
facilities are under your supervision ?
Dr. McCammon. We have nine hospitals and two health cen-
ters, and I really can't give you the exact number of itinerant
health stations which are not manned on a permanent basis.
Commissioner Freeman. Would you tell us what is the total
number of employees ?
Dr. McCammon. It's slightly over 1,000. It's around — our
ceiling, which of course for the normal turnover of people we
have — is 1,160 people. Around 780 of those are working in the
hospitals. The others are working in the community health pro-
gram and the construction of sanitary facilities or health edu-
cation, in mental health, and this sort of program operation.
We do have something over 100 people in our area office.
Now, the area office does the housekeeping functions for the
support of the hospitals, the personnel processing, procurement,
classification, the procurement contracting for supplies, the man-
agement of financial accounts, and then the overall professional
direction of the program.
Commissioner Freeman. And you are the individual who is
ultimately responsible for the supervision of these facilities?
Dr. McCammon. That is correct.
Commissioner Freeman. Is it correct that the Public Health
provides housing for its staff employees ?
Dr. McCammon. We have a limited number of houses on the
more isolated reservations. In communities like Phoenix, we do
not have any housing, of course. But we do have quarters, a
limited number, within the reservation communities.
Commissioner Freeman. What is the total number of housing
units that would be available for the employees?
Dr. McCammon. I do not have that figure, but if you'd like I'll
be happy to submit it for the record.
Commissioner Freeman. Yes, I would like it. We would need
to have that information. But in addition to that, perhaps you
would also give answers to the following questions:
The classification of the employee who is housed by the Public
Health Service under the housing provided by the Public Health
Service.
The number of such employees who receive such housing who
are Indian, and the number that are not.
And whether or not the housing that is provided depends
upon the job. What I mean by this is physicians, etc.
Do you understand what I'm talking about?
Dr. McCammon. Yes.
Commissioner Freeman. Could you supply that for us?
Dr. McCammon. Yes, I can.
(See Exhibit No. 6 for the information requested.)
85
Commissioner Freeman. In addition, we would be interested
to know whether in a situation where you have described such
a great need for physicians you are using the paraprofessionals
such as physician's assistants. Are you ?
Dr. McCammon. Yes. Of course, one of the two schools for
training the community health medics is here in Phoenix at
the Phoenix Indian Medical Center. And this is the second class
that's in training there. We have three such students who are
out in their second year as preceptors in this area. We have
one other physician's assistant employed who was trained out-
side the Indian Health Service.
In addition, we have two Indian nurses, senior nurses, who
have had additional training as pediatric nurse practitioners,
and they are also acting as physician extenders. And we are, in
addition, training many of our pharmacists to act as physician
extenders in managing some of the chronic patients who are
strictly on medication.
Commissioner Freeman. Which of these classifications are
Indians?
Dr. McCammon. The pediatric nurse practitioners and the
community health medics are Indians.
Commissioner Freeman. Is there any reason why Indians
could not be trained to conform to the other classifications ?
Dr. McCammon. Well, in the pediatric nurse practitioner we
have deliberately selected senior Indian nurses to be trained for
this. We really would not exclude a highly-qualified non-Indian
if an Indian tribe supported and endorsed that individual for
entering into the community health medic training. But we have
given preference, and we have sought, and the first two classes
have been, all Indian.
I understand that in recruiting — in the announcements that
have gone out for the third class that one non-Indian applicant
has come in with a local tribal endorsement that that individual
be admitted and trained in that class.
Now, the pharmacists I know have only one Indian pharmacist.
He's a commissioned officer. He has been in the career develop-
ment program and is now acting as service unit director of one
of our programs. But this again is one of the health professional
categories that we need to entice, encourage Indian youth to seek
education to enter that field.
Commissioner Freeman. Dr. McCammon, throughout your
testimony you have been referring to "we." I would like to know
who is the "we" that you are talking about that determines the
policy and the priorities.
Dr. McCammon. It's hard to say in which situation. In most
of the cases I think when I have said "we" I have meant the
Phoenix area. In some situations in talking about eligibility I
86
meant the Indian Health Service, which has meant the manage-
ment direction —
Commissioner Freeman. Will you identify for the Commis-
sion those "we's" that include Indians at the point of the making
of decisions on priority and policy?
Dr. McCammon. With the Commissioner's indulgence, I'd
like to tell you what our board does in Phoenix because this is
the type of decisions that they are making. They are setting the
priority for contracts for community health representatives, the
order in which we go to tribes to negotiate contracts with them
for them to employ community health representatives. They are
identifying the places that we need construction of Indian health
facilities and then are placing them in the order of priority.
They have confirming authority on the selection of the area
director, the executive officer, and the deputy area director, and
within the past 2 years they have been given that opportunity.
Now, they moved into a program, of course, where we had
established program and policies, a personnel system, and what
not. But we recently moved into an area in which there is no
Indian Health Service program policy or program plan, and that
is a program for the aged and the handicapped, and our area
board is the one that is working and is setting the objective and
the policy for our area on what we should be doing and what we
should be planning for in the care of the aged and handicapped
Indians.
These are the types of the Indian decision-making that our
board does.
Commissioner Freeman. Would I be correct if I say that on
the basis of your testimony and the testimony that we have
heard before you that the Indian community does not receive
adequate health services from the Indian Health Service?
Dr. McCammon. If I may respond on that in two ways —
Commissioner Freeman. Speaking as a professional, as a
physician.
Dr. McCammon. In my capacity I would say there is inade-
quate quantity of service. The quality of service I think is very
good. I think we have had reference to young 2-year physicians.
I think we have been extremely fortunate to have these young
men. They are well trained, and they are bright, and they have
a great deal of knowledge.
What they have been deficient in is experience, and experi-
ence of working with people and learning some of the art of
medicine of working with people.
I think the quality of medicine is good, and I think it is far
superior to what exists in most of the rural United States in
comparable size areas.
It is not the quality of university medicine nor the quality of
87
existing metropolitan area. And we are certainly deficient in
the quantity of services.
Commissioner Freeman. Would you agree that in making a
professional evaluation that the judgment should be making the
comparison on what it ought to be rather than comparing it
with maybe an inadequate system elsewhere?
Dr. McCammon. That's correct, and I think the Indian Health
Service in setting its objective several years ago made that de-
cision, and it really was — Originally we set our objectives to raise
the level of the Indian people to that of the people in the sur-
rounding community, and we very quickly scrapped that, and
we set our objective, our goal, for the Indian Health Service to
raise the health of the Indian people to the highest level possible.
Frequently, the level of the health and the quality of care
locally — locally around the reservation — is not an acceptable
quality of care. And we have in this area one State, Nevada,
where many of our Indian people, because they are scattered
in small bands and colonies, receive essentially all their care from
private purveyors of health services in the local very small
Western community. And to say that they are receiving the
quality care the rest of the people in that community are re-
ceiving is good enough is not correct, because we are satisfied
that there needs to be improvement in the delivery of service to
all those people in the community, and the Indians should be
receiving a higher quality care than is available.
Commissioner Freeman. So that we need to do a lot of im-
provement?
Dr. McCammon. That's right. Absolutely.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. Yes, I'd like to pick up some loose strings
on the record that maybe we can fill in at this time.
It has been stated that there is some sort of a recruitment
program for Indian talent, for paramedical training, at the Uni-
versity of Southern California. Do you know anything about
that?
Dr. McCammon. No, I really wonder, Mr. Ruiz, if that
wasn't — that really he meant the University of California at
Berkeley. It may be an error in location. At least I'm not aware
of one that is receiving special funding in Southern California.
Commissioner Ruiz. You are aware of one that is receiving
funding in Berkeley?
Dr. McCammon. Yes.
Commissioner Ruiz. Do you have any direct connections with
that particular setup? Are persons being recruited for you or for
your setup?
Dr. McCammon. The school does the recruiting. We do have
88
former employees who are in school there, and some of them are
now back for field training from the first class.
We do have an obligation to find and place and effectively use
those people when they graduate.
Now, these two schools as I recall are funded from the special
fund that the President set up on Indian Health two years ago.
There were funds from other than IHS but went in to support
Indian health programs.
Commissioner Ruiz. How many of these former employees
are Indians?
DR. McCammon. They are all Indians. They do not recruit
anyone but Indians for those two programs.
Commissioner Ruiz. And how many are there?
Dr. McCammon. There are 10 in each of the two universities,
and —
Commissioner Ruiz. Ten in how many universities?
Dr. McCammon. In the University of Oklahoma and Uni-
versity of California at Berkeley.
Commissioner Ruiz. A grand total of 20?
Dr. McCammon. Twenty.
Commissioner Ruiz. And how far along are they in this para-
medical training?
Dr. McCammon. This is not paramedical training. This is
graduate-level training. These are all Indian young people who
have a college degree and for the most part are health pro-
fessionals and are taking graduate instruction in such fields as
health management, hospital administration, community health
planning and management, and these types of things.
Commissioner Ruiz. In the last year how many have come
back to you ?
Dr. McCammon. None have finished their course yet.
Commissioner Ruiz. In the last 2 years how many have come
back to you?
Dr. McCammon. Just the one course, sir. That's all that
started. Now, we will start receiving some of these —
Commissioner Ruiz. So that is projected in the future?
Dr. McCammon. We will start receiving these students within
the next 2 or 3 months.
Commissioner Ruiz. Now, there was another item that you
mentioned — that there was $3 million being awaited by the three
Indian tribes in order to set up their own control of certain
health services. Along that line you mentioned $3 million. What
is that? Where is this funding coming from?
Dr. McCammon. I think I need to correct this. We are talking
about two different programs. Within this area, the Phoenix
area, there's something over $3 million of health-related pro-
grams that are managed by the tribes. These may be community
89
health, alcohol programs, a community mental health program,
a home nursing program, a community health representative
program.
Now, the second program, we have three tribes who have
written proposals and said they are ready and recognize the
need for and desire to have a health manager to pull these
fragmented programs that are now in their tribes together
under experienced head and they would like to call that a tribal
health department.
Commissioner Ruiz. To what agency is that proposal being
directed?
Dr. McCammon. That proposal is in to the Indian Health
Service, and in this year's appropriation there was a little over
$600,000 appropriated to support these types of operations on a
demonstration basis.
Commissioner Ruiz. What are the technical skills that could
be utilized that do not require, let us say, 2 years of schooling?
Taking a blood pressure? Injections? Taking of pulses? That
doesn't require 2 years of schooling?
Dr. McCammon. No, most of our nurse assistants have had no
formal training. They have been trained on the job, and they do
take blood pressures and weight and temperatures.
For the most part, we have not trained individuals for giving
injections of medicine unless they have finished at least the
practical nurse training school. And that is considered a pro-
fessional nurse category. That is a 2-year school, however.
Our community health medics, of course, are taught early in
their program, but again that program is set up as a 2-year
program.
Commissioner Ruiz. What percentage involve Indians in the
2-year program?
Dr. McCammon. These programs that I have been talking
about have been all Indian programs.
Commissioner Ruiz. All Indian programs?
Dr. McCammon. Yes.
Commissioner Ruiz. Now, there's just one more matter of
curiosity more or less, because you stated that the infant death
rate occurs at home after the infants are born in hospitals. I
believe I understood your testimony to be that.
Dr. McCammon. The impact of the infant deaths that makes
the total the first year of life occurs after that first week and
certainly after the first month when the newborn baby has gone
back into the home and been exposed to that harsh environment.
Now, some of this may very well relate also to the fact that
that family does not have the means to get that child into a
clinic when the child is ill because of lack of transportation or
because of isolation. So that the early delivery of health services
90
in the case of illness undoubtedly has some influence on that
infant death rate. But —
Commissioner Ruiz. Could you tell me, Doctor, what per-
centage of births occur out of hospitals and not necessarily in
the hospitals involving the Indian population?
Dr. McCammon. I would say in this area that there are prob-
ably less than 1 percent of the Indian births that occur outside
the hospital, and they were not planned that way. Most of the
ones that do occur, the mother just didn't make it to the hospital.
I think this is one of our greatest successes in the Indian program
is the hospital delivery.
Commissioner Ruiz. I have no more questions.
Commissioner Freeman. Thank you, gentlemen. You may be
excused.
I'm sorry. Mr. Powell has a question.
Mr. Powell. When we were talking about preventive medi-
cine before, you mentioned the fact that tribes were getting
involved. We understand that there is an office of tribal affairs
headed by a gentleman by the name of Moses Paris. Is that
correct?
Dr. McCammon. That's correct, in Washington, at the head-
quarters level.
Mr. Powell. Is he listened to by the headquarters in Washing-
ton? I know the tribes consult him, but is he consulted, is his
advice heeded in Washington? Indians believe that he is not
really getting involved. Do you have any information on that-
Dr. McCammon. No, I have no comment on that at all.
Mr. Powell. If Indians were eligible for medicare or medicaid
would that be helpful in meeting the needs?
Dr. McCammon. There has not been — The Indians in Nevada
and Utah are covered as citizens for medicare and medicaid, Title
XVIII and XIX. Arizona, of course, only has a Title XVIII law.
This did have some impact in Nevada and Utah on the cost to
us for contractual services. It would have some impact in this
State. It would not have a major impact except for the people
who lived off reservation or who lived in reservations close to
communities that had medical facilities.
For the most part, the majority of the Indian population is so
isolated from medical facilities that we would still be the prin-
cipal purveyor of health services.
Mr. Powell. Thank you.
Commissioner Freeman. Thank you, gentlemen. You may be
excused.
The next area that we will be considering will be the area of
education, and our first witness is Ms. Joy Hanley, Director,
Elementary Education, Navajo Nation.
Ms. Hanley. Will you remain standing?
91
(Whereupon, Ms. Joy Hanley was sworn by Commissioner
Freeman and testified as follows: )
TESTIMONY OF MS. JOY HANLEY, DIRECTOR,
ELEMENTARY EDUCATION, NAVAJO NATION
Commissioner Freeman. You may be seated. Mr. Powell.
Mr. Powell. Ms. Hanley, please state your name, address,
and position for the record.
Ms. Hanley. My name is Joy Jean Hanley. My address is P.O.
Box 247, Window Rock, Arizona.
Mr. Powell. And your position?
Ms. Hanley. I am Director of Elementary Education for the
Navajo Nation.
Mr. Powell. You are a Navajo?
Ms. Hanley. Navajo, yes.
Mr. Powell. How long have you been in your present position
and what are the responsibilities of that position?
Ms. Hanley. I have been in my present position about 1 year, as
the Division of Education under the Navajo tribe is a brand new
department. My responsibilities fall in the areas of looking at
problems we have on the reservation, in coordination of different
programs.
Formerly there was no one under the tribe looking exten-
sively at Indian education legislation, and this again falls to the —
this is one of the responsibilities of the department — to look at
new legislation, how it would affect Navajo children, and the
education of Indian children.
Mr. Powell. Briefly describe the earlier positions you have
held and what the responsibilities of those positions were.
Ms. Hanley. I taught for 2 years in the Washington School
District in Phoenix. I worked for National Indian Training and
Research Center as a research assistant. I worked for the Native
American Rights Fund setting up programs in different parts
of the country on Indian reservations, to set up workshops called
"Know Your Rights in Indian Education."
In that area, we were concerned with Johnson-O'Malley funds,
Title I monies, school lunch programs, and community-controlled
schools.
Mr. Powell. Would you briefly describe the purpose for
which Johnson-O'Malley funds are intended?
Ms. Hanley. The intent of Johnson-O'Malley funds we be-
lieve is to — or the original intent — Johnson-O'Malley is an act
that came about in 1934, and the intent was to provide Indian
children who were in the transition stage from either mission
schools or BIA schools to public schools — to provide them with
the additional monies that they might need. The Federal Gov-
92
ernment realized that Indian children in this transitional state
might have problems.
Originally, many States used this money in lieu of taxes as
children attending public schools came from areas where — or
came from nontaxable areas. You know, the reservations were
not taxed.
In 1958, Public Law 874, or impact aid, became available,
and, supposedly, all Johnson-O'Malley monies were then to re-
vert to supplemental programs and not to be considered in lieu
of taxes. Unfortunately, there are still States in the country that
do not recognize that and use it for general support instead of
supplemental programs.
Mr. Powell. I see. So Johnson-O'Malley funds are still not
being used for the special needs of Indian children but just in lieu
of taxes ?
Ms. Hanley. In many States they are not. In some States they
are. In other States they are not. We have children that are —
The Navajo have children in public schools in New Mexico,
Arizona and Utah. In New Mexico our programs are being — The
Johnson-O'Malley monies are being used for supplemental pro-
grams. They pay for all children. They pay for lunches. They
all eat free. They get special supplies. They have special pro-
grams.
In Arizona it's used specifically for general aid rather than
supplemental.
Mr. Powell. In Arizona the money is not being used for the
purpose for which it is intended?
Ms. Hanley. We do not believe so.
Mr. Powell. Can Federal guidelines be improved so as to pre-
vent this ?
Ms. Hanley. We have been working for the last year with the
Bureau of Indian Affairs. We have had several meetings with
Harrison Loesch who is Under Secretary of the Interior to ask
him to change the regulations and come up with guidelines that
would make Johnson-O'Malley specifically supplementary.
We did some looking into the school districts in Arizona and
we found that although they use it for general aid, they get 874,
so then it's like they are getting two amounts of money for
taxation. They get 874 which is in lieu of taxes, and then they
get Johnson-O'Malley, so it's like the Indian kids are bringing in
double taxation, and we are still not receiving the supplemental
programs for which the money is intended.
Again, we have been working trying to persuade Harrison
Loesch to have the Johnson-O'Malley regulations put into the
Federal Register so that they may become regulations, but he's
been very hesitant, and he has not proceeded to do so.
93
Mr. Powell. Are there enough Indian teachers teaching In-
dian students?
Ms. Hanley. On our reservation there are less than 1 percent.
Mr. Powell. What are the consequences of — Are Anglo
teachers successful in relating to Indian students? Are they sensi-
tive to the needs of Indian students?
Ms. Hanley. I think you have to look to the Havighurst report
which was a report which was done several years ago by a
Dr. Havighurst out of the University of Chicago. It was on
contract from the Bureau of Indian Affairs.
One of the things that Dr. Havighurst reports is that 25 per-
cent of the teachers that are presently teaching Indian children
don't even like Indian children. And one can only look to those
kind of things.
Another area is that we on our reservation — Rather, we have
many, many children who do not speak English when they
start school, and our schools, public schools and Bureau schools,
are not designed to teach Indian children. They are designed as
though they were teaching non-Indian children in a city.
The Bureau has made a bigger attempt to change the schools
than have the public schools. The public schools are still pre-
tending that they are teaching children that have come out of
middle class white homes. They don't realize that there is a
cultural difference, that there is a language difference, and that
there need to be special programs to really teach these kids the
kinds of things they need to succeed in the society and to give
them self-confidence.
What they are doing is they are building up the confidence —
The schools and the philosophy behind public schools are to
build up the self-image of the white Anglo child, and when you're
trying to build up the self-image of the white Anglo child and
you're trying to tell an Indian child, I mean, all you're doing is
making the Indian child feel more inferior rather than building
his image.
Mr. Powell. Ms. Hanley, please describe how in your opinion
nonprofessional staff are discriminated against in the —
Ms. Hanley. I beg your pardon?
Mr. Powell. Please describe how in your opinion nonpro-
fessional staff in BIA schools are discriminated against.
Mr. Hanley. Let me see. I'm not really sure about the non-
professional staff, but I know that —
Mr. Powell. What about in public schools then ?
Ms. Hanley. Again, I have just become a new board member
of one of the schools. I have come on the board of education, and
we began looking at policies, and I don't know if these policies
exist in other public schools, but they do exist in the school that
I just became a board member on. And we have a double stand-
94
ard for non what they call — non-classified staff and teaching
staff.
Mr. Powell. What school are you talking about?
Ms. Hanley. The Window Rock School District. And in the
non-classified staff, the cooks, the janitors, the bus drivers and
those kinds of people, there is a clause in the personnel policies
that if a person works for the school and they have 5 or 6 years,
10 years of experience and they quit and they come back, they
have to start at the very bottom of the scale. You know, none of
their experience is credited.
Again, I don't know if this applies in other school districts.
We will be revising that policy immediately. It's unbelievable
that you could have somebody be very, very qualified, have all of
that experience, and not have any of it be looked at.
Mr. Powell. With respect to BIA reservation schools, would
you please explain in detail how school boards are constituted
and whether their powers are more than advisory only?
Ms. Hanley. The boards are only advisory. I think this is
one of the biggest problems we have in the area of Indian educa-
tion, in that Indian communities, Indian parents that live on res-
ervations, who have children in Bureau of Indian Affairs schools
do not have the right that most non-Indian parents take for
granted, and that is the right to control the education of their
children. They don't have control over policy. They don't have
control over hiring and firing of staff. They don't have control
over what the curriculum is in the school. All of that is decided
in Washington.
If an administrator so chooses to be responsive to an advisory
board, he may. But if he chooses not to be, there is nothing
that says he has to be responsive to the advisory board.
The advisory board has no authority. It is advisory only.
Many of these advisory boards never see a budget. Many of the
advisory boards have no idea, really, what the curriculum is. We
found that some of the parent advisory committees are not
really — parent advisory committees of the Title I programs — are
not really quite aware of their authority even in terms of staffing
and whatever.
Mr. Powell. Where Indian parents have children who attend
public schools, do they attempt at all to participate in the for-
mulation of policy?
Ms. Hanley. On our reservation they are beginning to. We
have had quite a turnover in that — We have had quite a turnover
in superintendents on the reservation, and I think that the
people are beginning to realize that they want to have authority.
They want to have a say in the curriculum of schools. They want
to have Navajo history taught in the schools. They want to have
95
a say in the hiring and firing of teachers, and they want to have
some voice in the education of their children.
Mr. Powell. Ms. Hanley, from your experience, are there a
large number of school systems that discriminate against Indian
students by using culturally-biased texts?
Ms. Hanley. Yes, there are.
Mr. Powell. Would you describe how these texts are cul-
turally biased in favor of non-Indians and what long-run effects
these kinds of texts have on the education of Indian students?
Ms. Hanley. I have seen social studies books that are used for
fifth and sixth graders that have on the same page the European
culture as opposed to the Indian culture, and it will show the
Indian in a breechcloth or a little loincloth or whatever they are
called, poking a little stick in the ground, and then on the next
page it will have European history and it will have a man
driving a tractor, you know, and cultivating. And then on down
there are similar things, you know, showing the Indian to be
very primitive and very inferior as a person. And I have seen
these kinds of textbooks being taught in our schools.
Mr. Powell. Ms. Hanley, do you have statistics which com-
pare the dropout rates of Indian students with those of non-
Indian students?
Ms. Hanley. No, I don't.
Mr. Powell. Are you familiar in general with how dropout
rates of Indian students compare with those of non-Indian
students?
Ms. Hanley. The dropout rate of Indians overall is very, very
high, but the dropout rate of Navajos is not so high. But there is
more to it than the dropout rate. I think when we are talking
about dropout — Even though we have a large retention of our
students, studies and such show that the grade level is very, very
low even though they are being retained in school. They are 2,
3 and 4 years behind in grade level. And, again, the lack of
accountability to the parents, to the Indian community, is re-
sponsible for these things.
We have no way of knowing when our children graduate from
high school if they are really on 12th grade level. And as parents
we have no policy-making abilities to go to the school and demand
that our children be of 12th grade level. This accountability is
lacking, and I think it's lacking not only in education or Bureau
facilities but it's also lacking in Indian health services.
You know, this is my view — that because the accountability
of their service is in Washington and not on the community
level and not with the Indian people themselves, we will continue
to have these kinds of lags in health services and education
services.
Mr. Powell. I suppose the attitude of the Anglo teachers that
96
you mentioned earlier has something to do with this also, does it
not?
Ms. Hanley. Certainly. The attitude of the non-Indian
teacher to Indian students can determine greatly how that student
will do. I have had reports into my office this year that in the
public schools in New Mexico, where many of our children do get
supplementary programs — You know, they have had their class
pictures taken, and they are paid by Johnson-O'Malley. They
eat lunches free. They get other parental cost items. They have
special programs. And we have had reports from parents that
teachers are harassing children because they have these services,
and saying, "You don't have anything to worry about. Yours is
all paid for. Your parents don't pay taxes."
All of these kind of things — when one only has to look at the
average income of the Navajo family which is only around $800
to $1,000 a year, annually — And still, our children receive this
kind of harassment in different areas.
Mr. Powell. What impact does the policy of the Arizona
Department of Education regarding certification of teachers have
on the needs of Indian students?
Ms. Hanley. It's my feeling that in the lower grades, in the
primary grades, kindergarten, 1, 2, 3, where you have children
who don't speak English, it's imperative to the education of
those children that their education be given to them in a language
they understand. It would be very hard for any of you to go into
a Navajo classroom or to go into our tribal council or to go into
one of our chapter house meetings and know what was going on
when it's completely in Navajo.
Now, this is the situation with our children if they don't
speak English. And we have many, many children still that don't
speak English that go — when they first go into kindergarten or
when they first go into the first grade they don't speak English.
But the only language spoken in the classroom is English. Con-
sequently, the teacher will go through the materials that a child
is supposed to acquire in the first year of schooling. By the end
of the year maybe the child is — they pick up very quickly, and
they begin to learn English — but by the time they are pushed on
to the second grade they are already behind one year, in that
they didn't learn all of those kinds of concepts they were sup-
posed to learn because they were learning English.
Mr. Powell. So you feel that more Indian teachers even with-
out a college degree would be important to —
Ms. Hanley. We have many, many teacher aides on the res-
ervation that have been teacher aides for many, many years. I
feel that many of them are very competent. We have had many
principals and many superintendents say that they are com-
petent. It's my feeling that in order to have quality education on
97
reservations where you have children that only speak their na-
tive tongue, in order for those children really to learn, they are
going to have to be taught initially in their native language.
This brings me on just a little bit further that in the Bureau
of Indian Affairs schools where there is a lack and they don't
have enough teachers, many times they fail to get the numbers
of teachers that they need, and they will put a teacher aide into
the classroom. And the teacher aides may teach kindergarten or
first grade, and they will be doing the actual classroom teaching
of a regular teacher, but they are not paid the salary of a
teacher. They are paid the salary of an aide although for all
purposes they are teaching.
Mr. Powell. Are these Indians — these aides — generally?
Ms. Hanley. Yes, most of these aides are.
Mr. Powell. How about children who have religions other
than those practiced in the majority culture? Indian religions.
Are they discouraged by teachers in either public schools or the
BIA schools, to practice Indian religions?
Ms. Hanley. Historically they were. There has been much
work done in that area, and I am not really aware if there is
much discouraging of it now.
Mr. Powell. Some of our people tell us that that still happens.
I have no further questions.
Commissioner Freeman. Ms. Hanley, I would like to ask if
your statement concerning the negative stereotype in the text-
book if these texbooks are used in the Bureau of Indian Affairs
schools.
Ms. Hanley. No. We don't have any textbooks like that left
in the Bureau of Indian Affairs schools. Again, the Bureau of
Indian Affairs has made much more of an attempt to present
Indian materials than have public schools. Unfortunately, to de-
velop their materials they haven't used many Indians. That's the
only difference there.
Commissioner Freeman. Well, you are a member of the Window
Rock Board of Education? Is that correct?
Ms. Hanley. Yes.
Commissioner Freeman. Is there a policy of orientation or
training for board members ?
Ms. Hanley. No.
Commissioner Freeman. Does the board administer the entire
school system ? I mean does it make all of the decisions ?
Ms. Hanley. The public schools, yes.
Commissioner Freeman. It is responsible for selecting the
teachers ?
Ms. Hanley. Yes.
Commissioner Freeman. So that actually you are now at the
98
point where we would say the buck stops in terms of making of
the decisions ? Is that right ?
Mr. Hanley. Yes.
Commissioner Freeman. Well, I'll just have to say good luck
to you then.
Commissioner Ruiz do you have any questions?
Commissioner Ruiz. I haven't any questions.
Commissioner Freeman. Mr. Buggs?
Mr. Buggs. I have no questions.
Ms. Hanley. If I may add one additional thing, we have been
hearing about public health services, and there is one area that
I think we have failed to hit on, and this one area of concern
that we have on the Navajo reservation, and that is in one
community on our reservation the Indian employees have begun
to complain because it appears that there are two sets of housing.
There is one that is called the compound and if we may refer
to the other one as the "PHS pickets." Now, the "pickets" are
where most of the Indian employees live, and they are barracks
that were left over from the second world war, if any of you
remember what those looked like, and they were condemned
in the 1950's. But, unfortunately, they still stand, and most of
the Indian employees live there.
Now, in the other housing it is primarily of the white people
that work for Public Health, and there are very few Indians
that live in the compound, but in the pickets there are nothing
but Indians.
Commissioner Freeman. Are you referring now to the hous-
ing that is provided by the Public Health Service?
Ms. Hanley. Right.
Commissioner Freeman. And is it your testimony that housing
is segregated?
Ms. Hanley. Yes.
Commissioner Freeman. And that the quality of housing —
that there is discrimination on the basis of the quality of hous-
ing?
Ms. Hanley. Right.
Commissioner Freeman. That the Indian receives a lower
quality of housing solely because that person is an Indian ?
Ms. Hanley. Yes. This is what the workers have. And they
have a report that is out. And I can leave a copy of the report in
the morning. I don't have it right with me. It's at my motel room.
But what happens is the pickets again are those old barracks left
over from the second world war, and when the administration
was asked about them, they said, "We have been asking for addi-
tional money for housing but it hasn't come through."
But it's a very strange thing that when doctors or other pro-
fessional staff have problems — you know, they have plumbing
99
problems or any kind of problems in their housing — their needs
are seen to immediately. And the Indian people that live in the
pickets will have the same problems that go on and on and on
and on, you know, when there seems to be no maintenance.
Commissioner Freeman. Will you make a copy of that report
available to this Commission ?
Ms. Hanley. Yes.
Commissioner Freeman. And it will be made part of the
record.
(Whereupon, the document referred to was marked as Ex-
hibit No. 7 and received in evidence.)
Commissioner Freeman. This is very significant, because we
have already asked of the directors of the Health Service to sub-
mit to us information concerning the housing policies. This will
be very helpful.
Ms. Hanley. Yes.
I have two more items if I may. Our reservation extends in
New Mexico and Arizona and Utah. Now, in Utah our families
are no different than they are in Arizona and New Mexico, in
that they are very, very deprived economically. And the Utah
State Department of Education requires that all students, all
secondary students, pay tuition. And many of our students are
in great need up there, in that they have no monies to pay the
tuition. They are not eligible for Johnson-O'Malley monies under
the present regulations because the present regulations say that
a school district must have a reasonable tax effort. And this par-
ticular school district because of the oil monies from Indian res-
ervations does not need to tax its people the amount that it really
needs. But, nevertheless, the students are required to pay a tui-
tion.
Commissioner Freeman. This requirement is made by the
State of Utah?
Ms. Hanley. I would imagine. They say that all school dis-
tricts have different tuitions, but, nevertheless, you know, our
students are not eligible. They don't have the monies to pay the
tuition.
Commissioner Freeman. What is the other area, Ms. Hanley?
Ms. Hanley. The other area is in the education opportunity
grants, EOG grants, in that all universities that get EOG monies
from the Office of Education that have Indian students count
their Indian students to be eligible for EOG. And the amount of
money they receive is because they have counted Indian students.
It's been documented by the United Scholarship Service and the
tribe office that our students do not receive their fair share of
EOG grants. They go to the financial aids officers in many uni-
versities and they are told, "You are not really eligible for
EOG grants because you get Bureau of Indian Affairs money."
100
Yet we know there is a memorandum of agreement between
the Bureau of Indian Affairs and the Office of Education that
certain percentages of this EOG money will be available to In-
dian students in universities. And they are not getting their
share.
Commissioner Freeman. On the basis of this and other testi-
mony that we have heard which would tend to indicate that
some of the States and the political subdivisions are them-
selves denying to the Indians some basic Constitutional rights,
we would like to ask the general counsel if he will pursue this
so that we can have an opinion for the record. If these states
themselves are in consort with any individuals or the Federal
government then this is a very serious situation.
Mr. Powell. Madam Chairman, so the record will be clear, are
you referring to the testimony about the Utah requirement that
people pay tuition to high schools?
Commissioner Freeman. That's right.
Ms. Hanley. I just have one more item. I'm sorry. This has to
do with Public Health Service too, in that they were talking
about the programs, the graduate programs, that were available.
They were training administrators and such to come back and
hopefully go into the administration.
Well, we found that in education we have had many, many
Indians and that the Bureau of Indian Affairs has given grants
to several universities for people with graduate degrees, and we
found that when these people go back, in fact, to the schools that
they left, to the Bureau of Indian Affairs schools, they are put in
the very same positions that they had when they left, and they
are not elevated at all.
Right now the Washington office is trying to change some of
this, in that they have created supposedly 20 positions on the
central office and Washington office to give these people training,
trying to push the local areas into promoting these Indians, but
we are having much, much trouble in getting these Indians once
they have degrees and once they have the background for these
administrative positions.
There are exceptions to this, but overall this is the problem we
are running into, so that the graduate programs are not the
answer. We found that it's not working in education.
Commissioner Freeman. Thank you very much. You may be
excused.
Next, we have two witnesses representing the Arizona State
Teaching Intern Panel, Ms. Lucille Watahomigie and Ms. LaVonne
Three Stars.
Will you remain standing, please?
(Whereupon, Ms. Lucille Watahomigie and Ms. LaVonne Three
101
Stars were sworn by Commissioner Freeman and testified as
follows: )
TESTIMONY OF MS. LUCILLE WATAHOMIGIE AND MS. LaVONNE
THREE STARS, ARIZONA STATE TEACHING INTERNS
Commissioner Freeman. Thank you. You may be seated.
Mr. Powell.
Mr. Powell. Would you each please state your name and
address for the record beginning with the young lady on my
left?
Ms. Watahomigie. My name is Lucille Watahomigie. My ad-
dress is 1832 Prudence Place, Tucson, Arizona.
Ms. Three Stars. My name is LaVonne Three Stars, 4801
North Granite Reef Road, Scottsdale, Arizona.
Mr. Powell. You are both students ?
Ms. Three Stars. Yes
Ms. Watahomigie. Yes.
Mr. Powell. Would you each describe your educational back-
ground and tell us what you are currently doing to fulfill your
educational objectives, beginning with Ms. Watahomigie?
Ms. Watahomigie. I am doing my graduate work at the Uni-
versity of Arizona in the Indian internship project. I graduated
from the Phoenix Indian School in 1963 and got my bachelor of
arts in Flagstaff, Arizona, at Northern Arizona University.
Mr. Powell. Ms. Three Stars ?
Ms. Three Stars. I am involved in work on my doctorate in
counseling psychology and am currently here at Phoenix High
School on a year's internship for the requirements of that pro-
gram.
Mr. Powell. Ms. Watahomigie, you attended the Phoenix In-
dian School a few years ago. In your opinion, how did the educa-
tion you received there prepare you for the society in which you
wanted to live?
Ms. Watahomigie. It did not prepare me. It was a real long,
hard struggle for me to go on to college, and, in fact, the first
year — the first two years of college — I had to repeat many of my
courses because my academic background wasn't much help to
me.
Mr. Powell. Based on your observations, how does the quality
of teachers found in the BIA schools compare to that of teach-
ers in public schools, either Ms. Three Stars or Ms. Watahomigie?
Ms. Three Stars. BIA teachers as compared to public school
teachers, I feel, are very much inferior, and the reasons are
numerous.
For one, the BIA does not recognize academic achievement. If
a teacher goes to summer school and increases his academic
102
background, when he returns he goes into the same position or
the same step within that position.
Mr. Powell. They don't provide incentive for teachers then?
They don't encourage them to go ahead and prepare themselves?
Ms. Three Stars. No. And in public schools the teachers with
12 or 15 hours receive an increase in salary. And, you know, I
myself am an example of that. I received my master's in 1970
and suggested a raise to my supervisor. He was one of the many
incompetent, ineffective Anglos in Indian education, and he simply
couldn't do that.
Ms. Watahomigie. And another reason why the quality of
teachers of public schools, you know, compared to BIA schools —
is that the public school teachers — you have to draw a line be-
tween not only the public schools, because we do have public
schools on the reservations which are not meeting the needs
of the Indian students either. So I think that it would be best
to draw a line between the suburban schools, you know, and —
Mr. Powell. The suburban schools are better than the public
schools on the reservation ?
Ms. Watahomigie. Yes. I mean the quality of the teachers,
because they do have pressure from the parents. You know, these
teachers in the suburban schools have pressure from the parents
and the administration to keep up on the innovative trends in
education. And usually the administration on the reservation
public schools and BIA schools is — That administration, you
know, could care less. And so, therefore, the morale of the
teachers is low and they can't do a good job of teaching. It's
usually left up to the teacher to do what he wants, and there's
really no followup by the administration of the teachers.
But it depends a lot on the situation. We have an ideal
situation in Gila Crossing, and that's a BIA school. But they
do have an Indian principal and Indian superintendent, and they
are, you know — They know what their teachers are doing, and
they are Indians, and they understand what the Indian children
need.
Mr. Powell. I'm not sure that we got either one of your
tribal affiliations in the record. Ms. Watahomigie?
Ms. Watahomigie. I'm Hualapai from Peach Springs, Arizona.
Mr. Powell. And Ms. Three Stars ?
Ms. Three Stars. I'm a Sioux.
Mr. Powell. Did either one of you, either at the high school
or college level, ever have the benefit of Indian counselors who
understood your problems and were able to help you ?
Ms. Three Stars. No.
Ms. Watahomigie. I never have.
Mr. Powell. Do you think if you did it might have made a
difference?
103
Ms. Three Stars. I think it would have made a tremendous
difference.
Ms. Watahomigie. Yes.
Mr. Powell. Ms. Three Stars, I understand you are a counselor
at the Phoenix Indian School.
Ms. Three Stars. Yes.
Mr. Powell. Based on your experience thus far, what is
the self-concept of students here?
Ms. Three Stars. I would say it's generally negative.
Mr. Powell. What, in your opinion, are the reasons for such
a low self-concept on the part of students here at the Phoenix
Indian High School ?
Ms. Three Stars. Well, I think that we have to look at his-
torical reasons mainly, and those are that, historically, the BIA
has negated everything Indian.
Mr. Powell. Has what?
Ms. Three Stars. Has negated everything Indian. "Cut your
hair; it's bad. Don't eat your Indian food; it's bad. Don't prac-
tice your Indian religion; it's bad."
The Bureau also now says, "This is no longer true. We don't
do this. We agree the Indian culture is good." But the negation
is still there, only more subtle but just as destructive.
Mr. Powell. What do you suppose can be done about that?
What do you suggest be done about that ?
Ms. Three Stars. Well, I think, first of all, we'd have to
begin with staff and get staff in who are appreciative of the
Indian culture and will help the student recognize that he is
good and that there are aspects of his culture which need to be
preserved.
Mr. Powell. Are disciplinary problems at BIA schools dif-
ferent from such problems at other schools, at public schools?
Ms. Three Stars. Yes, I think they are, and I think the in-
tensity of the problems is worse in BIA schools than in public
schools.
Mr. Powell. Are there any meaningful programs of counsel-
ing at BIA schools to meet the problems of students?
Ms. Three Stars. No, —
Mr. Powell. I suppose your earlier testimony suggests there
isn't.
Ms. Three Stars. As a counselor I have to say no, because,
like at Phoenix Indian School, we have a tremendous problem
with sniffing, and I see —
Mr. Powell. A tremendous problem with what?
Ms. Three Stars. With sniffing, paint sniffing. And I see
nothing being done at the present time, nothing different being
done. The students aren't responding to traditional counseling
104
methods. And the problem doesn't seem to be corrected. It's
getting worse.
Mr. Powell. Are Indian students either at Phoenix or any
other BIA Indian school forced to attend Christian religious serv-
ices?
Ms. Watahomigie. When I was here about 10 — Let's see —
I graduated here in 1963, and we were forced to attend. We
couldn't, you know — We had to go to some sort of religious
service. But then —
Mr. Powell. That might have been under the earlier policy
that Ms. Three Stars mentioned.
Ms. Watahomigie. Yes. And then — But I think — I don't
know. I can't speak for —
Ms. Three Stars. I don't know of any policy now that says
they have to. It might be more subtle.
Mr. Powell. Our investigation indicates that Indians drop out
at much higher rate than non-Indians in public schools. To what
would you attribute this, either Ms. Three Stars or Ms. Wata-
homigie ?
Ms. Watahomigie. I think that basically it's because the
Indian isn't given the academic background in the primary
schools, and that's because of the teachers, and it goes back to
the administration. When they are first grade, second grade they
are usually socially promoted, and by the time they are in the
fifth, sixth, grade they are reading first grade level, and by the
time they are at eighth grade level they are still reading at a far
lower level and, then, by the time they get to high school they
have to compete in public schools, and they drop out, or, when
they do come to Indian schools, they are still not being provided
that academic background, but they are just being promoted.
By the time they graduate from BIA schools I feel that they
have dropped out but were just socially promoted. This is one
reason for unemployment on reservations too.
And, you know, there is no level of self-concept.
Ms. Three Stars. But the Bureau has said for a hundred
years that, "We are meeting the special needs of Indian stu-
dents." And they have verbalized that. And it simply isn't true.
And they are verbalizing it today, and I can't see that it is true.
The fantastically high dropout rate.
Mr. Powell. What would you say, Ms. Three Stars, is the
greatest problem here at the Phoenix Indian School ?
Ms. Three Stars. I would say the greatest problem here at
the Indian School is the ineffective, incompetent, insensitive
staff.
Mr. Powell. Madam Chairman, I have no further questions.
Commissioner Freeman. Ms. Three Stars, you are a trained
counselor. You're getting your doctorate in guidance and coun-
105
seling, and you're assigned here at the school. Would you tell
the Commission, if you know, how many counselors are em-
ployed by this school ?
Ms. Three Stars. At the present time we have five, and last
year I believe there were 11. There were some under special pro-
grams. But it seems to me that if an individual comes into the
Bureau and he is effective and functioning and relates well to
the student, the Bureau sometime, somehow, finds a way to get
rid of him, either transfer or simply apply enough pressure so
that he leaves. And I think that is one of the reasons why we
have such a high average age of teachers here at Phoenix Indian
High School. The Bureau can apply pressure, and the effective
people go. Those who don't rock the boat and who don't make
waves stay and stay and stay and stay.
Commissioner Freeman. Do these persons that don't rock the
boat and stay and stay and stay and stay have training as
counselors?
Ms. Three Stars. No, I don't, if you mean the effective kind
of counselor education ?
Commissioner Freeman. Educational training as counselors.
Ms. Watahomigie. I really don't think that most counselors —
Well, I know that 2 years ago, 2 summers ago, they were hiring
here at the Phoenix Indian School, and everybody was asking me
if I would apply. And I said, "Well, I don't have any hours in
counseling, you know, psychology or anything."
And they told me, "Well, if you have 12 hours in psychology
you can be hired."
And I felt, well, I wouldn't be doing the Indian students any
good even if I had 12 hours, so, therefore, I refused to even
apply for the position. But I know that there were several that
did.
Commissioner Freeman. Speaking of doing students any good
in the counseling, my next question refers to the student with
problems. Does the counselor receive the social reports or the
reports from social workers of any agency in those instances
where a student may have a problem? Is this kind of cooperative
relationship in existence?
Ms. Three Stars. I think that we have fairly good relation-
ships with some reservations. Is that your question?
Commissioner Freeman. Yes. Suppose a student gets into
trouble, a student in the school or student at another school.
Well, take the situation because you are at the school. What
information is made available to you to help you counsel the
student even though the difficulty may have occurred not at the
school but elsewhere, maybe at the reservation?
Ms. Three Stars. Oh, I would not say that is good. We don't
get a great deal of information with the students who come in.
106
Ms. Watahomigie. Before the school year program began at
the Phoenix Indian School, we were doing a workshop orienta-
tion, and I was here for one day. There was a man who had
come from the Apache reservation, and he said that they did send
forms about the background material of the students, but, appar-
ently, he said, the counselors did say they never got hold of those
records. It was lost somewhere in the files as I understand it. But
you would have to clarify that.
Commissioner Freeman. Your counseling, does include in-
forming the students about scholarship assistance that may be
available? Is that correct?
Ms. Three Stars. Does counseling include that?
Commissioner Freeman. Yes.
Ms. Three Stars. Yes.
Commissioner Freeman. Could you tell us if the Bureau of
Indian Affairs scholarship grants are made available to the so-
called urban or non-reservation Indian?
Ms. Three Stars. I don't know. We at the Indian School
don't have many urban Indian students here so I don't think that
I—
Commissioner Freeman. Well, those that are here, would they
be eligible, considered eligible, within the rules of the school for
the scholarship?
Ms. Three Stars. I think it would depend on how aggressive
the counselor is. You know, the BIA does buckle under pressure
as well as apply pressure, and I think it depends on the aggres-
siveness of the counselor how much help that he or she can get
for his student.
Commissioner Freeman. What do you mean by "pressure"?
Ms. Three Stars. Well, if I have an urban Indian student,
then I can work with the area office and apply pressure and
really insist that he get the help and say, "I know that he is
eligible and he does need this assistance."
I don't think the Bureau has any right to sit up there and say,
"These are urban Indians and these are reservation Indians and
therefore. . ." If an Indian student is qualified to go to college,
then I think he should have the financial support.
Ms. Watahomigie. But there are instances where an urban
Indian doesn't have the privilege of getting a BIA scholarship
unless the parent does write to his Congressman and things like
this. But how many Indian parents would do that? They just
don't know what procedure to go through to get their child this
BIA grant. But it is happening.
Commissioner Freeman. In other words, there are instances
where the Indian really, because he is an urban Indian —
Ms. Watahomigie. Not living on the reservation.
107
Commissioner Freeman. — receives a different kind of treat-
ment?
Ms. Watahomigie. Yes. Do you want me to quote?
Commissioner Freeman. Yes.
Ms. Watahomigie. Well, there was this family we met in
Yosemite the past summer, and the boy was crippled, he couldn't
support himself to go to school as he was doing before. So his
mom wrote everybody trying to ask for money, and she did say
that at last she found monies to go, but she had to go through all
this red tape in order to get him money.
I do have some relatives living up in Colorado, and they are not
eligible for such programs, and they have to come back on the
reservation and then go through the reservation, you know, and
say that they are an enrolled Indian to get any kind of, say,
relocation training or something like this.
Commissioner Freeman. Do either of you have any opinion as
to the basis for this distinction?
Ms. Three Stars. I think that the Bureau has always — The
relationship of the Bureau to the Indian has been to divide.
And this is just another means of dividing — to pit the urban
Indian against the reservation Indian. In the past they could pit
one tribe against the other, and this is very easy to do. A group
of Indians will come out with a statement and the Bureau can
always find another group of "apples" to come up with a con-
tradictory statement, and on and on it goes.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. What procedure would you suggest to
eliminate some counselors and retain those that relate well?
What procedure for the priority of retention would you suggest
that would be effective?
Ms. Three Stars. Well, it seems to me that the Bureau needs
to set up some kind of standards that the counselor or teacher
would meet as in the public schools. If public school people don't
perform, they don't stay around. And the Bureau seems to be
overwhelmed with those people who don't perform.
Ms. Watahomigie. They usually come to us.
Commissioner Ruiz. There are no standards at the moment,
then, with regard to this specific item?
Ms. Three Stars. Well, there is nothing that says, "If you
don't meet these requirements within your job situation you
won't be able to stay." I mean I suppose there are on really
gross things, insanity — and I'm not too sure about that.
Ms. Watahomigie. And then there is the Peter Principle, you
know, too. Once they perform inadequately or something, they're
just usually transferred — but with a promotion. And they are the
ones that end up in Washington. (Laughter.)
But there is another thing about BIA education, too, that it
108
operates under the — You know — like all BIA schools are just one
gigantic school district. And they hire all the teachers in BIA
schools all over the United States in Albuquerque, and then they
have a teacher recruiter, and, usually, the teacher recruiter
doesn't know that much about different areas, but they go and
give misinformation about certain areas such as Alaska. They
hire poor teachers, and then they don't have pre-service training,
which is very important, so that the teacher, the incoming
teacher, will be aware of the problems — or not problems but the
culture of the Indian people in one geographic area. This is
really important for the teacher to know. You know, you don't
have this pre-service training in BIA schools or in public schools
on reservations.
Commissioner Ruiz. It's been very enlightening. Thank you
very much.
Commissioner Freeman. Mr. Buggs, do you have any ques-
tions?
Mr. Buggs. Just a couple. I suppose I must admit to a little
confusion. Are you suggesting that BIA schools ought to be
done away with or ought to be improved ?
Ms. Three Stars. I am suggesting they ought to be improved.
Mr. Buggs. I suppose that one of the reasons, rather, one of
the processes through which that improvement might be made
is that more Indian teachers teach at BIA schools. Is that
right?
Ms. Three Stars. Yes.
Ms. Watahomigie. I'd rather have Indian people educate
our own people, and I really don't want public schools to be
educating our Indian students, either because just like, you
know, the public schools that we have on our reservations are
ineffective for the Indian students, and it's only up to us Indian
people to educate our own people. It seems that the Office of
Management and Budget and the other Federal agencies do not
cooperate and help us contract schools. They should do more to
remove the barriers where we can contract our own schools such
as Ramah on the Navajo.
Mr. Buggs. What problems would you have in teaching at an
Tndian school?
Ms. Watahomigie. What do you mean?
Mr. Buggs. Well, do you teach in an Indian school?
Ms. Watahomigie. I did teach in Peach Springs for 2 years.
And what problems did I have? Well, the problems that I really
had were with the other teachers, because I really didn't feel that
they were doing a good job teaching my tribe. And the only prob-
lem that I had was with those teachers.
Ms. Buggs. Is that the reason you left — because you had the
problems with the teachers ?
109
Ms. Watahomigie. Well, I felt I wasn't really doing, I couldn't
do what I wanted to do, with those teachers, so that's the
reason why I came back to school, because as an administrator I
might be able to weed out these bad teachers.
Mr. Buggs. So you do intend to go back to an Indian school?
Ms. Watahomigie. Yes, I intend to go back, and I feel that all
Indians should go back.
Mr. Buggs. Good. I'm delighted to hear it, because that's
probably the only way changes are going to be made.
Thank you.
Commissioner Freeman. Thank you very much.
Ms. Three Stars. May I add a comment for the record? The
Bureau has espoused the policy that they do not condone physical
and mental punishments for students in BIA schools. However,
within the past 2 weeks here at Phoenix Indian School a young
Hopi girl, a client of mine, bright and intelligent, was slapped
by a white staff member, and the girl was sent home the following
week.
I think this is a tremendous loss. I had been working with her
on a weekly basis since the middle of September when she was
referred to me, and I did see significant improvement in her
behavior as did other staff members.
The white staff member slapped the girl, and the girl returned
the slap to the white staff member, and consequently she was
sent home.
Mr. Powell. If you will provide details for us, we will look
into that.
Ms. Three Stars. I will be glad to do that.
Mr. Powell. I'm glad you didn't mention any names.
Commissioner Freeman. Thank you very much. You may be
excused.
Our next witness and final witness before dinner is Dr. Carl
Hammerschlag.
Will you remain standing, sir?
(Whereupon, Dr. Carl A. Hammerschlag was sworn by Com-
missioner Freeman and testified as follows: )
TESTIMONY OF DR. CARL A. HAMMERSCHLAG, PSYCHIATRIST,
INDIAN HEALTH SERVICE
Commissioner Freeman. Mr. Powell.
Mr. Powell. Dr. Hammerschlag, please state your name,
address, and present position for the record.
Dr. Hammerschlag. My name is Carl Hammerschlag. I reside
here in the Phoenix area. I am a psychiatrist in the employ of
the Indian Health Service.
MR. Powell. Dr. Hammerschlag, would you tell us what your
110
work experience and educational background have been prior to
coming to Phoenix ?
Dr. Hammerschlag. You want my training in psychiatry?
Mr. Powell. Your educational background.
Dr. Hammerschlag. My educational background. Undergrad-
uate at the City College of New York. Medical school in Syracuse.
Internship in the State of Washington. I spent 2 years with the
Public Health Service as a general medical officer with the
Indian tribes of New Mexico on the Rio Grande. I took my
postgraduate training at Yale University in psychiatry. I have
been here since 1970. I have been working with Indian people for
414 years.
Mr. Powell. Thank you. Dr. Hammerschlag, I understand
that you have prepared a paper entitled "Indian Education, A
Human Systems Analysis." Is that correct?
Dr. Hammerschlag. Yes, and was asked to submit that to
the Commission, and have done so.
Mr. Powell. Madam Chairman, at this point I would like to
have that entered into the record.
Commissioner Freeman. It will be received.
(Whereupon, the document referred to was marked as Ex-
hibit No. 8 and received in evidence.)
Mr. Powell. Dr. Hammerschlag, would you describe the kind
of research you undertook to write this paper? And would you
please summarize for the Commission some of the major con-
clusions you reached concerning the quality of education given
to Indian students in the country today?
Dr. Hammerschlag. Surely.
Let me preface my remarks by saying that my opinions are
offered as an individual and are not intended to reflect in any
way any Federal or Indian agency approval.
I came to the Phoenix Indian School in 1970 as part of the
commitment to provide some kind of mental health services to
the student population here. I viewed that task as kind of
getting to know what things were like here and interviewed
many people here at the school as a way to find out what things
were like and a way for me to meet people and a way for them
to meet me as well.
On the basis of those kinds of undertakings, we attempted to
understand what life here at the school was like both for students
and staff members as well, in an attempt to understand and then
share the information with one another to improve in some ways
the nature of life here at the institution.
So that was the background in terms of the study.
Mr. Powell. Would you please summarize for the Commission
some of the major conclusions you reached concerning the quality
of education given Indian students in the country today?
Ill
DR. Hammerschlag. It's hard to summarize. Many students
Mr. Powell. Let me discuss with you, then, and we can get
back to that.
Dr. Hammerschlag. Okay.
Mr. Powell. Would you please describe how, in your opinion,
the BIA schools have evolved and discuss the policy considera-
tions which determine whether or not a student will or will not be
sent to a boarding school?
Dr. Hammerschlag. Okay. It seems to me that's an important
consideration when one understands what the task of at least
off-reservation boarding schools are. Students are referred here
for essentially two reasons. One is that there are no other
schools available to them on the reservations from which they
come, and the other for so-called social reasons, a fairly large
diagnostic category including children who come from large
families; it's very expensive to live; it's cold; it's easier for the
family to survive with the children here rather than at home;
kids who have had difficulty in other schools ; kids who have been
thrown out; kids who have been behavioral problems. Those
kind of things.
The overwhelming majority of our students come for so-called
social reasons. Relatively few come because there are no other
schools available. Most have had educational experiences else-
where and are referred for those reasons.
As a result, we see a highly skewed sample of studentry. And
one of the difficulties I sense with off-reservation boarding
school education is that the schools have not as yet denned the
primary task. If we get kids for so-called social reasons, the
implication is that they come here because we can do something
for those social reasons ; that is, we can control behavior. And I
think that that's different than sending kids to come to a school
to be educated primarily.
I think the school tries to do both, and it is an impossible task ;
To provide an institution with some controls, and to provide high
quality education. I think it can't do both.
I think the two tasks are probably antithetical — that it's hard
to provide that in this kind of atmosphere.
A child who does well academically may not stay in the school
because of the behavioral acting out difficulties — sniffing,
running away, going AWOL, coming in late, all those kinds of
issues. And the reason that they can't stay is because it rep-
resents a real hardship for those people who work in dormitories
to be able to control that kind of behavior.
Most institutions run to perpetuate themselves, and for most
of the people to follow the same rules most of the time. It leaves
little room for individual variability.
112
Those kids who have difficulty in following the rules are
asked to leave because the institution could not tolerate, for
example, many of its children denning the rules themselves.
Kids who are bright and academically alert and may test the
rules are frequently the ones who are asked to leave. Those kids
who can follow the rules well but may or may not be able to
achieve academically usually stay. The rewards are those of
behavioral control rather than academic excellence, and some-
times those are mutually exclusive — not always.
In fairness, the school has considerable difficulty in dealing
with it. We have too few staff members, too few people in the
dormitories, and the institutions have not, as yet, defined the
primary task, whether it's behavioral control or education. My
experience and findings suggest it cannot do both.
Mr. Powell. One of the Indian members of our Arizona State
Advisory Committee suggested a question. What training or
orientation have you had regarding Indian behavior patterns —
which, she points out, vary significantly from the Anglo norm?
Do you consider these in evaluating the questions we are dis-
cussing now?
Dr. Hammerschlag. That's right. My experience comes from
direct experience. There are very few of us who have been
involved in Indian education for any extended period of time.
Mr. Powell. Your experience comes from the direct experi-
ence you have had during the last 41/2 years which you men-
tioned ?
Dr. Hammerschlag. Two years in New Mexico with a school,
and 21/2 years here.
Mr. Powell. We have heard quite a bit of testimony about
dropout rates among Indians and how much higher they are.
And I think you have discussed some of the reasons why this
might be so. Do you care to comment further?
Dr. Hammerschlag. Dropout rates are very high. The reasons
for that are many and varied. Part of that has to do with ex-
pectations for Indian children to perform — not only true in off-
reservation Indian boarding schools but in all schools that deal
with so-called culturally disadvantaged groups, blacks and
Chicanos as well.
In several recent reports — Charles Silberman's book, for
example, "Crisis in Black and White," and his recent book on
education — he suggests that one can't help but be impressed with
the modesty of expectations that teachers have of students who
represent those groups.
Mr. Powell. I'm familiar with that first book by Charles
Silberman, "Crisis in Black and White." You mentioned a more
recent book.
Dr. Hammerschlag. Right.
113
Mr. Powell. Which one is that? For the record let's indicate
what you're talking about.
Dr. Hammerschlag. I have forgotten its name. "Crisis in the
Classroom," I believe it's called. And I think that those are
generally true. I think Indian children — it's hard to summarize
— drop out because there is a myth that suggests that everybody
who gets prepared in this school has an equal chance for achiev-
ing in the outside world.
It's a perpetuation of a myth that suggests that if you continue
to go to school here and you do well you will be able to do well on
the outside. And it's not true.
That our kids do well here does not mean that they will do
well elsewhere. They are probably poorly prepared for under-
taking college credit.
A lot of our kids have a lot of difficulty making it on the out-
side. Most of our children score in the lowest ten percentile on
competitive examinations, SATs and college aptitude tests. The
myth that suggests that if they do well here means they will do
well outside is simply untrue, and I sense that our kids begin to
understand that the more they spend time in these kinds of
institutions.
Mr. Powell. Is this one of the boarding schools to which you
referred earlier ?
Dr. Hammerschlag. I'm speaking for Indian education gen-
erally and for boarding schools specifically. I think that it's un-
fair for us to simply look at this boarding school or any off-
reservation boarding school as exemplificative.
Mr. Powell. I'm not talking — I just asked if this is one of
those boarding schools that you were referring to earlier?
Dr. Hammerschlag. This is one, yes, of many.
Mr. Powell. Yes.
Dr. Hammerschlag. The same would be true in South Phoenix,
for example, in the expectations of black children and how they
do in school. I think the kids basically sense that they are not
being well prepared.
Mr. Powell. I think your testimony has also anticipated the
next question which my staff has, and that is the question of low
self-esteem. All the factors that you mentioned would contribute
to a low self-esteem of students at BIA schools?
Dr. Hammerschlag. That's not a word that I used in that
paper, low self-esteem. I think our kids feel good about them-
selves, but I think they become increasingly angry with the kinds
of things they see around them and feel powerless to change
them. I think that is the key in terms of contemporary move-
ments in education. Our kids don't feel —
Mr. Powell. Someone who is angry, at least, has some motive
force. Wouldn't you agree?
114
Dr. Hammerschlag. Yes, I do. I think that Indian people
generally don't share that kind of feeling. I think that they for
a hundred years have been rendered essentially powerless by a
system which essentially has made them institutionally depend-
ent, and I think that we deal with symptomatic expressions
when we talk about Indian education.
For a hundred years everything has been done for Indian
people after their disenfranchisement. They have been essentially
dealt with as a defeated nation, and from birth to death they
are cared for by Federal agencies. You can't take care of people
by giving them things without taking something away. And what
we take away from them is some sense of their own worth, in-
dependence, and power.
I think that's counterfeit nurturance. You give somebody
something like from the Bureau or from the Federal Government
without recognizing that by giving one also takes something
away. You emphasize the ability of the giver to give and the
neediness of the receiver in having to receive. That's a re-crea-
tion of a master-slave syndrome.
The difficulty that we see in Indian education is that our kids
are an expression of that kind of problem. Nobody can take the
power in their own hands to do things. And I think that no
change in, for example, boarding schools is going to make any
difference in terms of dealing with that problem.
No increase in the number of counselors, for example, is going
to make any difference in dealing with the problems of Indian
children. All that does is symptomatically treat the problem
expressions of those kids, whether the counselors are Anglo or
whether they are Indian.
One deals with the children as if the problem is theirs and
that they ought to be able to deal with counselors who will
help them with their problem, and it blames the victims. It
makes the children responsible for the behavior without under-
standing that the underlying issues cause those kinds of symp-
toms.
Mr. Powell. Well, then, how would you deal with those under-
lying issues ?
Dr. Hammerschlag. The underlying issues, as I am suggest-
ing, are massive institutional dependency and a rampant sense
of powerlessness, a sense that one is not controlling one's own
kind of destiny, and I'm suggesting to you also that no increase
in counselors, for example, deals with the problem. It masks
the problem. It makes people believe that something is being done
when indeed it is not.
Mr. Powell. You are suggesting that increase in counselors,
whether they be Indian or non-Indian, is merely symptomatic —
Dr. Hammerschlag. Yes.
115
Mr. Powell. — in dealing with the problem?
Dr. Hammerschlag. Yes.
Mr. Powell. How do you deal in a more fundamental sense
with the problem ?
Dr. Hammerschlag. In a more fundamental sense, one has to
give Indian people some sense of their own degree of powerful-
ness in controlling their own institutions.
Mr. Powell. Could curriculum changes be a step in the right
direction ? What kind of —
Dr. Hammerschlag. Curriculum changes would be.
Mr. Powell. What kind would you make?
Dr. Hammerschlag. If the parents were in charge of chang-
ing that curriculum. Indian parents must become more involved
in the education of their children. Off-reservation boarding
schools allow Indian parents to become essentially uninvolved
since the schools are quite a distance away from home terri-
tories. We do have a school board, and it is a step in the right
direction, but we share that board with other off-reservation
schools.
In order for us to make a real change in education, Indian
parents are going to have to become much more intimately
involved with the education of their children. They share that
responsibility but have abandoned it.
Most of our parents are unaware of Johnson-O'Malley funds
or Title I or impact aid.
The way to do that is to involve parents with the educa-
tion of their children in their own territories. I think that chang-
ing off-reservation boarding schools doesn't deal with the un-
derlying issue, and that is essentially parent, community, and
Indian control of those services. It has to be done at home, near
home.
Mr. Powell. Well, once you have Indian control, what steps
then should be taken? Do you think that will be the solution in
and of itself?
Dr. Hammerschlag. I have no objection to public schools if
there are Indian parents who can sit on school boards. I needn't
go over with you the sad history of Indian attempts at involve-
ment in school boards, largely because they have been excluded,
but, secondly, because the parents themselves don't believe that
they have anything to say or that anyone will listen or that
they have the power to exercise.
Mr. Powell. Should there be curriculum changes in addition
to Indian control ?
Dr. Hammerschlag. I would change the curriculum in some
direction that Indian parents felt it should be changed.
I think that the time has come for us to stop making those
decisions for the people. We continue to perpetuate the myth
116
that we know what it is that they need or want. The way to
change it is to somehow allow them the opportunity of provid-
ing input and telling us what they think we ought to teach.
Mr. Powell. Madam Chairman, I have no further questions.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. Well, isn't that what this entire hear-
ing is about? To break decisively with the past and to create
conditions for a new era in which the Indian future is deter-
mined by Indian acts and Indian decisions?
Dr. Hammerschlag. I think so, Commissioner.
Commissioner Ruiz. And isn't it a fact that these decisions
that the Federal Government has been making have to be turned
over to the Indians to have the Indians administer these mat-
ters and let the Indians finally make the determinations ?
Dr. Hammerschlag. I believe that is also true.
Commissioner Ruiz. Wouldn't this be giving the Indians back
something that, as you say, has been taken away as dependents
which is that they haven't been controlling their own destiny?
Dr. Hammerschlag. I think it would.
Commissioner Ruiz. So you sounded pessimistic there, but
I think in analyzing what you have said is exactly what this
entire hearing has been about. And you have given a very schol-
arly dissertation. I think we're all coinciding. Thank you.
Dr. Hammerschlag. I appreciate the opportunity to be here.
Commissioner Freeman. I think, sir, that I would like to
follow up on what Commissioner Ruiz has said by making a
statement that will clarify the record. You're saying that there
are real problems that are systemic, and you are saying that
the Bureau of Indian Affairs ought to be at least under the con-
trol of the Indians. I don't want anybody to get the impression
that this Commission believes that it has the power to change
the Bureau of Indian Affairs. I think that we'd better make
that —
Dr. Hammerschlag. I must say in fairness I'm not sure that
even if the Bureau was changed under the Indian control that
it would make any manifest difference. Perhaps we need some
new institutions to deal with the problem rather than revamp-
ing of the old ways with institutional entrenchment.
Part of the difficulty I sense from the testimony here today
is it's very difficult to get an Indian point of view. Urban Indians,
reservation Indians, although I dislike those dichotomies as
my colleagues have also shared, unfortunately, that is a prob-
lem. No one speaks for the Indians. I sense no one speaks for
the white man or the black man or the Chicano. One has to
deal with those problems. But it has to be left in their hands.
We perpetuate those difficulties by suggesting nobody speaks
for the Indian and therefore disallowing them the privilege of
117
trying to deal with it themselves and stepping into the void by
providing that leadership ourselves. That game has to stop.
Commissioner Freeman. One of the real tragedies in this
country is that we have not learned how to benefit from di-
versity. We have not learned this at all. Mr. Buggs.
Mr. Buggs. What kind of recommendations would you sug-
gest this Commission make to Congress and/or to BIA in con-
nection with —
Dr. Hammerschlag. I have often fantasized what I would
do with all that power.
(Laughter.)
And I must say I appreciate the opportunity of sharing those
fantasies. I think that there is no such thing as Indian educa-
tion. I think that's a myth. I think that our children are going
to have to compete with everybody else and in the general frame-
work, and the way to compete is to compete well and in the
same atmosphere.
These kinds of institutions I think disallow our children the
privilege of that competing. But Indian parents continue to de-
mand that these institutions exist. So the responsibility is shared
by both the institution and parents.
I think the off-the-reservation boarding school as it has existed
has outlived its usefulness. And I say that recognizing there are
many dedicated people here who care truly about children and
who work hard with them. We can't continue to do it and af-
fect the future, and that is for Indian people to gain some con-
trol and power over their destiny.
I think we have to make off-reservation schools non-existent,
and Indian parents need to become involved with schools in their
communities. Could we not afford them, we should have mobile
classrooms, people who could come to communities or some
other modification perhaps of the existing Teacher Corps.
In terms of Indian organizations, Indian organizations have
to be allowed the privilege of failing. They can't be asked to
succeed. And we must get out of the way and allow them to
both fail and succeed. And I think we are beginning to see
that.
Then I'll soon be out of a job.
Commissioner Freeman. Dr. Hammerschlag, you have appar-
ently given a great deal of thought to this, and you have done
some writing on it. My question is: Have you made the rec-
ommendations which you have indicated here — Have you trans-
mitted those recommendations to the agency that perhaps may
be able to begin doing something about it? Have you transmitted
any of this to the Bureau of Indian Affairs?
Dr. Hammerschlag. Yes.
Commissioner Freeman. And what was the response?
118
Dr. Hammerschlag. They thanked me for it.
(Laughter.)
It was done under the authorization, indeed, of the Bureau,
and that should not be underestimated. The Bureau supported
the study and, indeed, provided the financial assistance for me
to conduct it, and I want to say that as part of the record, and
received it openly.
Being received openly at local levels has, unfortunately, no
operational translatability in terms of who ultimately sees it or
what is done. It becomes another yellowed sheaf of paper, I sense,
filed in obscurity in my own bitterness.
Commissioner Freeman. Thank you very much.
Dr. Hammerschlag. Thank you.
Commissioner Freeman. You may be excused.
We are about to adjourn this session for a brief period of
what we will call a dinner break. The hearing is now in recess
until 7: 30 p.m.
(Whereupon, at 5:25 p.m., the hearing was recessed, to be
reconvened at 7:30 p.m., this date.)
EVENING SESSION
7:30 p.m.
Commissioner Freeman. This hearing is called to order.
We would like to call as our next witness Mr. Wesley Bonito.
Mr. Bonito, will you be sworn ?
(Whereupon, Mr. Wesley Bonito was sworn by Commissioner
Freeman and testified as follows: )
TESTIMONY OF MR. WESLEY BONITO, WHITE MOUNTAIN APACHE
TRIBAL COUNCIL MEMBER
Commissioner Freeman. You may be seated.
Mr. Powell.
Mr. Powell. Mr. Bonito, would you please state your name,
tribal affiliation, and occupation for the record?
Mr. Bonito. My name is Wesley Bonito. I am the tribal educa-
tion coordinator and member of the tribal council. My address
is P.O. Box 864, White River, Arizona.
Mr. Powell. You said you are the education coordinator for
the White Mountain Apache Tribe? Is that right?
Mr. Bonito. Yes.
Mr. Powell. I understand that there's a public school on your
reservation. Is that right?
Mr. Bonito. Yes.
Mr. Powell. Mr. Bonito, have Indians on the White Mountain
Reservation been accorded an adequate voice in the control and
management of the public schools located on that reservation?
Mr. Bonito. We have the majority on the school board.
119
Mr. Powell. You have the majority on the school board?
Mr. Bonito. Yes.
Mr. Powell. Do you feel that you have an adequate voice
in the control and management of the school ?
Mr. Bonito. So far we are involved, and at least something is
happening to our requests, so I feel that we have a voice in the
school. For the record, we have three Apaches on the board.
Mr. Powell. Out of how many people on the board ?
Mr. Bonito. There's five.
Mr. Powell. Thirty-five on the board?
Mr. Bonito. No. Five. Five.
Mr. Powell. How many tribal members are there on your
reservation ?
Mr. Bonito. There's about 6,500.
Mr. Powell. 6,500?
Mr. Bonito. Yes.
Mr. Powell. Can all those tribal members vote for members
of the school board ?
Mr. Bonito. If they are eligible to vote.
Mr. Powell. Are all of them eligible to vote?
Mr. Bonito. No. We have about 2,500 eligible voters on the
reservation, and the rest are still —
Mr. Powell. Is your reservation split into three different jur-
isdictions?
Mr. Bonito. Yes.
Mr. Powell. Would you explain ?
Mr. Bonito. We are divided in three counties — Apache County,
Navajo County, and Gila County. And our public school is in the
Navajo County, and most of our kids come from the Gila County.
When they do bring complaints, it's hard to voice their opin-
ion in the Navajo County because there is a line there that
kind of blocks it. So most of the Gila County parents prefer to
go to Payson and make their complaint over there because
that's where the school district head is, but they like to come
in and make their complaint to White River where the public
school is set. We are talking with the school board now, and I
understand that something will be done about realigning the
district.
Mr. Powell. There are three counties involved, Navajo
County, Gila County, and what is the third county again ?
Mr. Bonito. Apache County.
Mr. Powell. And people who live in Gila County and Apache
County are not able to participate in the management of the
school in Navajo County? Is that correct?
Mr. Bonito. Right.
Mr. Powell. I see. Mr. Bonito, do Indian people have any
120
voice in the direct control of employees and policy decisions of
the BIA school system?
Mr. Bonito. No, we serve as an advisory on the school board,
and we have not had any direct voice in hiring or firing
some of the people that we have in the Bureau of Indian Af-
fairs. Most of it is done — The hiring is done over in the central
office in Albuquerque, and we have been complaining about this.
And also we like to see some change on who our teachers
are on the reservation or at any school. Some of these teachers
have been with us over the years, and to me a lot of them
should be weeded out. But how do we do this? We have been
complaining about it but not much has been done.
We don't know who we get at reservation school. But we
would like to see that changed.
Mr. Powell. Is the situation somewhat different at the
State level? I understand that you are a member of the Arizona
Intertribal School Board ?
Mr. Bonito. No, I'm not a member. I started the — I wrote
up the proposal for the intertribal school board for the Phoenix
area office, and that takes care of the three off-reservation schools
and also the on-reservation BIA school. And this board at one
time did help out in hiring the new superintendent for Phoenix
Indian School. They had a voice in that.
But at the local level the school board serves only as advisory,
and it has not actually had the power to make any move of
getting people off — the people that we want to move out, the
teachers, that is. And if they do, what happens is — Let's say
if they had the voice to move them, to me it's not actually
firing the individual. Under the BIA policy or the civil service
policy, we are just passing him on to another tribe so another
tribe can have him.
Mr. Powell. It doesn't get him out of the system?
Mr. Bonito. No, he's still there, but there should be some
system to be worked into it. I don't know if there's any evalua-
tion done on teachers or not, but most of the evaluation is done
on the students, but I think the administration of the school
should be evaluated by an outside —
Mr. Powell. Mr. Bonito, what can you tell us about the
Johnson-O'Malley program and the effect it has had on the quality
of education for Indians in your area ?
Mr. Bonito. Well, I'll say that we do receive quite a bit of
money from Johnson-O'Malley, but on the other side other Indians
are not getting their share of it. At one school in Apache
County. McNair High School, where we have about 150 students
enrolled — That's a mix with non-Indians. And we have about
89 of the local Apaches attending that school. And that school
to this day has not received any Johnson-O'Malley.
121
They have written to the State office but have been — I don't
know if they are turned down — but they haven't received any
money so far. But the schools in White River do get money.
Mr. Powell. Where Johnson-O'Malley funds are received,
has it been your experience that they generally make a differ-
ence? Or are they used in such a way that they do not make
a difference ?
Mr. Bonito. I think they should make a difference, but I'm
not closely involved with the public school board so how
the money is spent, I haven't seen any of the — Well — I'd like to
see a copy of their budget and also the line item, how this
money is spent. But maybe it will surprise me if I do get it.
Mr. Powell. Have you requested such information?
Mr. Bonito. So far I have not, but I'm working on it because
it's getting to be an issue.
Mr. Powell. Mr. Bonito, turning to the area of employment,
would you comment on the employment practices of the large
private employers near your reservation? I take it there are such
enterprises near your reservation? Is that correct?
Mr. Bonito. Yes. We have Southwest Lumber Mill, a private
enterprise, which has leased land from the White Mountain
Apache Tribe. And I worked there when I was trying to go to
school. I feel that I was capable — I always feel I was capable
of doing the work in one area.
And then another time I took a test with a non-Indian group
for a position, and I got this position, but because of who I am
I guess, or maybe my skin made a difference, I guess, I was
taken off this job, and to this day a lot of other Indians have
not stepped up the ladder like they should. But one time we
said, "Okay, Mister, we'll take this lease back if you don't comply
with what you said in your agreement." And they said, "We'll
put some of your Apaches in the office. We'll put some of them —
put them in the office and put them up in front as a training for
foreman position."
To this day not very many have reached this level. And a lot
of them are still in the same position. For one example, there's
a man who worked in one position for about 27 years, and he
is still sitting there with no promotion.
Mr. Powell. While other people have been promoted over
and over again during those 27 years, I take it?
Mr. Bonito. Right. And they are still saying it. They haven't
changed. And probably he'll just die there.
Mr. Powell. You feel that you were not permitted to stay
in the job to which you referred because of discrimination? Is
that it?
Mr. Bonito. I would say yes because of my —
Mr. Powell. What position was that, Mr. Bonito?
122
Mr. Bonito. It was a boxcar tally. See, there's — This is a
molding part. You start at bundling where you tie lumber to-
gether. Then you go up to trimmer and then feeder, and then
if you know these three areas you can move up to a foreman or
into a boxcar tally.
And it's up to this individual to make sure everything that
goes into a boxcar has been registered, know your numbers and
so forth. I felt I knew this, but when I was put in that position
I didn't last very long.
Mr. Powell. We heard earlier testimony from Mr. Anderson
that the contract with Southwest Lumber Company was can-
celled by the tribe because of discrimination against Indians.
Mr. Bonito. Timber stand. Right. Timber stand. We don't
have any contract with them any more. They are cutting tim-
ber off the national forest.
Mr. Powell. Mr. Bonito, to your knowledge, has the Indian
preference doctrine — you're familiar with the Indian preference
clause — Indian preference doctrine, are you not —
Mr. Bonito. Yes.
Mr. Powell. — Has that doctrine been fully implemented by
the BIA and the Indian Health Service in preferential hiring of
Indian people?
Mr. Bonito. They're hired —
Mr. Powell. Has it been effectively — has it been used? Has
it been carried out ? Has the preference —
Mr. Bonito. Not to its fullest, because if they are hired, they
are hired at the lowest of the totem pole and the lowest wages.
And it's in there. It says that, "We should help Indian people get
a good job and good training." But this training to me has not
helped me or helped the tribe or the other Indians to put them
in a position where they could take over their own program.
And there are not very many top positions held by Indian people.
That's straight across the board. If they hold a position, it might
be a janitor position, and they will stay there forever.
Mr. Powell. Mr. Bonito, have there been any law enforce-
ment problems on your reservation — police problems?
Mr. Bonito. Well, the jurisdiction of the State and Federal
and tribe is so confusing, it bothers everybody on the reserva-
tion. Like the highway that runs through our reservation is
owned by the State of Arizona, and, let's say, two of us were
following each other, an Indian and a non-Indian, and we were
both cited for drunk driving. I go to the tribal court, and the
other fellow goes to the outside J.P. office. And the money goes
to somebody else. I think —
Mr. Powell. Even if this happened on the reservation?
Mr Bonito. Yes.
123
Mr. Powell. You would not have jurisdiction over the non-
Indian?
Mr. Bonito. No. He goes off to J. P. office off the reservation.
Then, also talking on jurisdiction, we have politicians that
come to our reservation and run for office, and they do kind of
pat us on the back when election day comes around, but after
that we won't see them again, not for another 4 years. So the
last election we talked to one of the sheriffs and asked him if
he would deputize one of the Indians to help him out because of
this jurisdiction problem that we have, non-Indian and Indian.
— I don't know how it's going to come out, but I hope we will
get an Apache deputized so he can work in all three of these
counties that we are working with.
Mr. Powell. Without having this cross-deputization you have
no way of assuring that non-Indians who commit crimes on
reservations will, in fact, be punished, do you?
Mr. Bonito. No. We can't. We have no jurisdiction over
non-Indians — period.
Mr. Powell. Mr. Bonito, in your opinion has the Indian Health
Service adequately taken care of its obligation to provide health
services to Indians on your reservation ?
Mr. Bonito. No. It's probably because — a lot to do with the
funding. But we have been promised just like any other Indian
that we'll get this and that, but to this day the facilities we
have are inadequate. Right now where we are flying most of
our patients to Phoenix, and by the time they get to Phoenix
probably they'll be dead. We'd like to have the facility right
there at White River and also at Cibecue, but to this day these
are not being met.
Then in the record somewhere it says that White River will
get a brand new hospital in 1965, and the 1965 hasn't come yet.
Mr. Powell. Do the Indians on your reservation have any say
as to what tack or what approach the Indian Health Service
takes with respect to medical services on your reservation?
Mr. Bonito. I didn't quite get that.
Mr. Powell. Do you have any input into what approach the
Indian Health Service on your reservation takes?
Mr. Bonito. We have the Arizona Intertribal Health Board
that helps us out, but to my knowledge it's not very effective
because if it was I would have not been talking like this. I would
be sitting home and being comfortable. But they are not doing
the work they should be doing.
Mr. Powell. Madam Chairman, I have no further questions.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. No, I have no questions.
Commissioner Freeman. Mr. Buggs?
Mr. Buggs. No questions.
124
Commissioner Freeman. Thank you very much, sir.
Mr. Bonito. Could I have another word?
Mr. Powell. Yes.
Mr. Bonito. Another thing I'd like to bring out is about
traders on the reservation. There's sort of no control over the
price or how they sell their products to the Indians. Like let's say
there's three or four different stores, and let's talk about a carton
of milk: One place will sell for 50 cents, and another place
will sell for about 45 cents. Another place will be selling for 60
cents. I think all of these can be uniform, where all the prices are
the same, because they all are close together. But they always
talk about, "Well, the price is this way because of the transporta-
tion. We have to haul it from Phoenix or other areas." But I think
that should be controlled.
And also some of the Indians have funds, hard-earned money,
stashed in the trading post, and I don't know if this money — the
interest part — is attached to the money they put in. For example,
an individual deposits about $400 four years ago, and let's say
today he wants to draw that money out. He will get a flat $400
back. But the interest, I wonder, where does that go? I think we
should look into that because this money if it receives interest,
I think it should go back to the individual Indian.
A lot of Indians on the reservation do not know how the laws
work. If they understand this, probably they'll bring it out. But
to this day this is what I have seen, because a lot of Indians don't
take their money to the bank. They take it to the trading post.
When he deposits his money, the money is going to be registered
under his name, and if the interest comes in I know who is going
to get it. The trader is going to get that.
Commissioner Freeman. Thank you very much. We will
look into it. You may be excused.
From the Floor: Tell him about the sawmill.
Commissioner Freeman. The witness is excused.
Our next witnesses are Mr. Rick St. Germaine, Mr. William
DeHaas, and Mr. Cipriano Manuel.
Will you remain standing and be sworn?
(Whereupon, Messrs. Rick St. Germaine, William DeHaas, and
Cipriano Manuel were sworn by Comissioner Freeman and testi-
fied as follows:
TESTIMONY OF MR. RICK ST. GERMAINE, PRESIDENT, ARIZONA
STATE UNIVERSITY INDIAN STUDENT SOCIETY; MR. WILLIAM
DeHAAS, COORDINATOR, INDIAN STUDENT AFFAIRS, ARIZONA
STATE UNIVERSITY; AND MR. CIPRIANO MANUEL, COUNSEL,
KLINAPAHA INDIAN STUDENT SOCIETY, PHOENIX COLLEGE
Commissioner Freeman. Thank you. You may be seated.
Mr. Powell.
125
Mr. Powell. Would you each please state your name, tribal
affiliation, address, and present position for the record ?
Mr. DeHaas. My name is William DeHaas, Otoe Indian from
Oklahoma. My present address is 438 North 23rd Street, Mesa.
My present position is — It's a good question. I'm known at
ASU as the Assistant Coordinator for Student Affairs. I am
also employed half-time by the Bureau of Indian Affairs as a
program assistant.
Mr. St. Germaine. My name is Rick St. Germaine. I am a
Chippewa Indian from the Courte Reservation in Wisconsin. I
am working on my doctorate at ASU. I am the chairman of the
Indian Student Association at Arizona State University, also
chairman of the Indian Advisory Board at the University.
Mr. Manuel. My name is Cipriano Manuel. I am a member of
the Papago tribe. My address is 1115 South Lebanon Street, and
I am their "token Indian" at Phoenix College.
Mr. Powell. You have some kind of position at Phoenix
College. What is it?
Mr. Manuel. Several of them. And I have yet to really be
clear on it.
Mr. Powell. What are your responsibilities at Phoenix
College?
Mr. Manuel. I work with the Indian students.
Mr. Powell. Towards what end? What kind of work do you
do with Indian students ?
Mr. Manuel. It has been so varied that I — Should I name
all of — I go to — If they get arrested, I go with them to court.
If their funds are not forthcoming, I try to work to get their
grants. And if there's problems in the home, I try to work with
their problems there, too.
Mr. Powell. Are there other kinds of problems that Indian
students at Phoenix College have that you haven't described?
What are the range of problems? Is that a good sense of the
range of problems that Indian students have at Phoenix College?
Mr. Manuel. I don't think I — You know, I haven't been there
long. I have only been there 30 days.
Mr. Powell. Mr. St. Germaine or Mr. DeHaas, would you
care to comment on the deficiencies in elementary and secondary
education which Indians receive which makes them ill-prepared
for higher education ?
Mr. DeHaas. We have found at Arizona State that a lot of the
students graduating from reservation high schools have an
educational gap, that they are not really at the same level as the
non-Indian student, and this must in some way be made up at the
school through tutorial assistance and additional counseling and
advisement.
We haven't developed any studies to show, what percentage
126
of students are doing the worst, Bureau boarding school students
or public school students, but there is a definite trend in fresh-
man failures at a school like Arizona State, and it all points to a
gap in their educational achievement to that point.
Mr. Powell. Mr. St. Germaine?
Mr. St. Germaine. The Indian students at Arizona State
University, as an ethnic group, have the largest dropout rate of
any ethnic minority — or any group on the campus. The dropout
rate at Arizona State University for Indians is 45.7 percent, tak-
ing into consideration the year 1971 through '72.
In addition to this, we had the lowest grade point average of
any other ethnic group. On a 4-point scale, our overall grade
point average was 1.38. This might be seen as, you know,
the basis for a high dropout rate.
Now, the school average for dropouts is approximately 30
percent.
In addition to this, our students are faced with a number of not
only social adjustment problems when they get to the university
but they also have cultural problems that the counselors are very
ill-equipped to handle. Counselors are not adequately trained in
order to handle the special and unique problems that our
Indian students are having.
And, what's more, the university is making no attempts to
provide these services.
After we have demonstrated over there and picketed the
school, we got some action out of them. They recognized an
Indian advisory board composed of Indian students that was
elected by the student body, the Indian student body.
Mr. Powell. How long has that been in existence ?
Mr. St. Germaine. That has been in existence since May of
this year, at which time we presented a number of recommenda-
tions to the school. We presented them in letter form, also in
recommendation form, you know, that was stipulated by the
office of the dean of students, in which we have outlined a number
of actions that we feel must be taken on the basis of studies
that we have been able to do, you know, to make over the year.
Mr. Powell. You have this petition or however you character-
ize it? Can we have a copy?
Mr. St. Germaine. Yes, I have one copy. It's called the "Rec-
ommendations from A.S.U. Indian Advisory Board to the Office
of Student Affairs," dated October 13, 1972, in which we outline
15 steps that must be taken by the university in order to bring
up Indian students to a training and a social — in which, you
know, they are going to be able to survive in the school.
There are separate instances that we can show that the
school is, in effect, promoting an institutional racism of sorts.
127
Mr. Powell. Madam Chairman, can we make that petition a
part of the record ?
Commissioner Freeman. It will be received.
(Whereupon, the document referred to was marked as Ex-
hibit No. 9 and received in evidence.)
Mr. St. Germaine. I presented on August 2 — make that
August 4, 1972 — I presented a letter to the vice president of
student affairs, the person that we advise through our advisory
board. I presented him a list of recommendations that our
Indian advisory board made. At that time we had made a study
of the needs for an adjustment in the survival skills course for
Indian students, entering freshmen and sophomores and juniors.
We felt, of course, through the study, that there were specific
needs that Indian students have when they enter an institution
such as Arizona State University where the total school popula-
tion is approximately 30,000. We presented this recommendation.
The vice president at that time assured us that he would look into
this matter.
I'm also serving as a member of the Special Services Advisory
Board, and there are statistics available to me, information that
is available to me that is strictly confidential, is not open to the
public. I found out through this board that, in the meantime,
the vice president had instituted another similar course — it's
called the survival skills course — at the university in which out
of 36 members of the class 33 were university football players.
This survival skills course had been kept secret from the
public. This is on record. I have documents to show this right
here in the minutes of the Special Services Advisory Board
meeting, and it's a matter of record that while we were appeal-
ing to the president the special needs for this course — We
showed them the way that this course could be provided at a
very minimal cost, done on a voluntary nature by graduate stu-
dents such as myself who have master's degrees and who have
teacher certificates and other things. Yet these types of things
are suppressed at our university.
Mr. Powell. Mr. DeHaas, you mentioned that you were
coordinator of student affairs at Arizona State University. What
are your responsibilities in connection with that position?
Mr. DeHaas. This is a half-time position. It's called assistant
coordinator of student affairs. The responsibilities, as outlined
by Dean Shell, have been to work in counseling and advisement
of Indian students, working directly —
Mr. Powell. You work directly with Indian students?
Mr. DeHaas. Yes, directly with only Indian students under
Dean Shell's supervision.
Mr. Powell. What is the total student population, Mr. DeHaas,
at Arizona State University?
128
Mr. DeHaas. We have around 270 students estimated.
Mr. Powell. 270 Indian students is that?
Mr. DeHaas. Yes.
Mr. Powell. What is the total student population?
Mr. DeHaas. Total student population is around 27,000 or
28,000 students.
Mr. Powell. 270 out of 27,000— about 1 percent?
Mr. DeHaas. Less than 1 percent.
Mr. Powell. In your opinion, Mr. DeHaas, is the university
making a good faith effort to recruit more Indian students?
Mr. DeHaas. No, I don't believe so. We have just begun to
talk about recruitment at Arizona State. Before, there were many
efforts at recruitment, but they were not real efforts. They were
haphazard and often conflicting and carried on as more of a
token gesture.
Mr. Powell. Do Indians have any input into these recruitment
efforts to which you are referring?
Mr. DeHaas. Have Indians —
Mr. Powell. Do Indians have any input? Are their views
consulted?
Mr. DeHaas. No. Until this year the only input that Indians
had in recruitment at Arizona State was one position in the
ASU student senate that went on recruitment to various res-
ervations. This one individual made recruitment trips. But
there wasn't enough funding, and there wasn't enough time for
a student to adequately do any kind of serious recruiting.
Mr. Powell. What about faculties? Is there any serious
effort — Are there many Indian faculty members at either of
your institutions?
Mr. St. Germaine. I have statistics —
Mr. DeHaas. Mr. St. Germaine has the statistics on em-
ployment.
Mr. St. Germaine. According to a minority report that was
required, dated March 5, 1972, which we must recognize was the
last academic year, spring of 1972, the total employment by the
establishment of Arizona State University for the year 1971-72
was 5,358, of which 17 were Indians. Roughly, this is three-
tenths of 1 percent of the total employment positions available
to Indian people.
The majority of those positions again were semi- or unskilled
laborers and operatives. We had two professionals employed who
were identified as American Indians. We had one person identi-
fied as an official who was at that time the coordinator of the
Upward Bound program for the Indian Division.
Mr. Powell. Would either of you, Mr. DeHaas or you, Mr.
St. Germaine, describe the Bureau of Indian Affairs' program for
providing scholarships to Indian students and tell us how in your
129
opinion the BIA and the colleges could ameliorate the financial
problems of Indian students?
Mr. DeHaas. The basic problem with the BIA's relationship
with colleges is that all too often the colleges rely on the BIA
grant as a student resource when in the Federal guidelines it is
a matching source for EOG. I understand this is the last year for
EOG.
But we must take a look at how the new basic opportunity
grant is going to be instituted, and if it is going to be instituted
on the same lines as the EOG, then the Bureau of Indian Affairs
will have to come up with the bulk of the money to finance
Indian students through college.
What this does is deprive other qualified Indian students from
receiving financial assistance because of the BIA having limited
resources. With the 10 percent cutback across the board of Fed-
eral agencies, this is also going to hit very hard in higher educa-
tion budgets, so the Bureau is going to be even more restricted
in the number of grants that they are going to be able to give
out.
There has to be some kind of reevaluation of the responsibili-
ties of financial aid officers at universities in order to insure that
Indian students get a fair share of the EOG and national de-
fense loans monies and to refrain from considering the BIA
grant as a student resource and call it a matching source as
spelled out in the HEW guidelines.
Mr. Powell. In this connection, what kind of peculiar prob-
lems do Indian students who want to go on to higher education —
What kind of peculiar financial problems do they have?
Mr. DeHaas. They have a variety of problems. For the most
part, the budgets that are approved are, you might say, in-
flexible. They go on certain guidelines which are established by
norms for every college. And we found that Indian students have
a need for a little bit larger budget than the average student for
one reason or another — perhaps to engage a tutor in a special-
ized program where it's often difficult to find somebody through
the tutorial pool at the school, especially like in the college of
business.
Sometimes students feel an obligation to help out at home be-
cause some of their younger brothers and sisters are going with-
out, and some of the money that they receive on the grant they
secretly send back home. So they are constantly in a financial
bind. There are very few students at Arizona State who are
adequately funded, based on the budget that is usually deter-
mined at the college.
Mr. Powell. Madam Chairman, I have no further questions.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. With respect to the survival skills course
130
for adjustment, did I understand you, Mr. St. Germaine, to say
that this survival skills course concept for the Indians to keep
them in the university and assist in their adjustment at certain
levels — that it was submitted by your group, and instead of
being adopted and used for your group as suggested by you
was used instead for 33 football players? Did I understand you
correctly?
Mr. St. Germaine. No, we didn't present the outline or the
program. Instead, what they had in mind was a program of
their own in which, you know, they ran 33 football players
through their program. This program was held in secrecy until
just several weeks ago.
Commissioner Ruiz. This was another program unrelated to
yours, but you had submitted one to which no attention had been
paid?
Mr. St. Germaine. Correct.
Commissioner Ruiz. And up until this moment what has hap-
pened to the one you submitted ?
Mr. St. Germaine. Nothing. We have been very adamant in
outlining our needs. We have showed them —
Commissioner Ruiz. That particular course — Do you have that
there —
Mr. St. Germaine. Yes, I do.
Commissioner Ruiz. — Your concept that you submitted?
Mr. St. Germaine. Yes. I have a study that was made on the
need for this course.
Commissioner Ruiz. Madam Chairman, may I suggest that
that be made a part of the record ?
Commissioner Freeman. It will be received.
(Whereupon, the document referred to was marked as Ex-
hibit No. 10 and received in evidence.)
Commissioner Freeman. There can be no comments made
from the audience. There will be members of staff who are avail-
able to help those persons who are raising their hands to appear
at the unscheduled portion of the testimony tomorrow after-
noon, which will be between 5: 30 and 7: 30.
Mr. Manuel, are there any special orientation programs for
Indian students at Phoenix College?
Mr. Manuel. No, there are not.
Commissioner Freeman. Will you state your opinion as to
the need for such a program ?
Mr. Manuel. Yes, there is a definite need for such a pro-
gram. There is a definite need for that kind of service in almost
all colleges, at least the ones that I have ever had any experi-
ences with. So it is not peculiar to Phoenix College.
I feel that there should be exceptions made, especially for
Indian students when they enroll in colleges. But I have known,
131
when I have gone through that, nobody ever really counseled
with me or provided me assistance on what my aptitude called
for, for certain courses that I could survive in. I have had to just
flounder around.
This thing still exists at Phoenix College, and I feel that is
one of the many factors in the high dropout rate or the dis-
couragement among students or the failures of the Indian students.
Commissioner Freeman. And it is your testimony that this
problem is true in the other colleges in this State, in addition
to Phoenix College ?
Mr. Manuel. I feel that way, because I have, you know — This
is based on my own personal experiences.
Commissioner Freeman. We have heard earlier testimony
concerning the insensitivity of some of the teachers in schools,
and also concerning the fact that there are a limited number of
Indians who are trained as teachers.
Do you believe that there should be — this question is directed
to each of you — any special training for the Indian who wishes
to go into the teaching field? And do you have suggestions as
to what the colleges should be asked to do by, perhaps, the Office
of Education or any other appropriate agency of HEW, to
bring this about?
Mr. St. Germaine. I have some information — we have noticed
over at Arizona State University — that is rather startling. I
have outlined six programs that are available right now.
But I'd first like to answer your question by saying, yes, there
are certainly special programs that Indian people need, for ex-
ample, in the State of Arizona, in which Indian people them-
selves should be trained as professional teachers and administra-
tors in all facets of professional and business life so that they
can return to Indian communities in the cities and on reserva-
tions; in which they can provide the leadership that is very vital
to Indian growth today.
But getting back to the six programs that are now very en-
trenched over at Arizona State University, I will name them:
We have the Center for Indian Education.
We have the Institute for Library Media.
We have the Indian Leadership Program.
The Career Opportunities Program.
The Indian Law Program.
And the Educational Opportunities Program.
Starting with the Center for Indian Education — it was de-
veloped and the purpose behind that — it was designed to train
teachers of Indian children. It's as simple as that.
Now, the whole purpose of the program in training these
teachers for Indian children is to make available the skills and
the information that teachers need, that are required in order
132
to handle Indian children across the country. The program is
directed by, if I may, an Anglo. The assistant director is part
Omaha. There are three Anglo research assistants. And there is
one research assistant who is part Kiowa. The entire makeup
of that program as far as students enrolled in the courses that
are offered through the Center for Indian Education, 85 percent
of which are non-Indian — So it seems to us that what they are
doing is instituting a system whereby they are training white
teachers for Indian children.
We have approached them a number of times with pleas to
develop an advisory board in the area of curriculum, in program
design, composed of Indian leaders throughout Arizona represent-
ing educational boards on reservations, certainly other Indian
educational leaders, professional Indians throughout the State,
as well as students. They have made no attempts. In fact, they
have rejected our offer of this advisory board.
The Institute for Library Media was funded by the Bureau
of Indian Affairs and Office of Education. Last year they were
having very many problems. They had an almost total dropout
of 13 students. This year they have utilized the services of the
Indian Advisory Board, and we were very successful as far as
recruiting the high-level student who is now experiencing suc-
cess in this program, and they have directed much of their
energies to Indian types of things in their program, and we are
finding that they are very successful now.
The Indian Leadership Program was funded by the Bureau
of Indian Affairs and Office of Education. The Arizona State
University was one component of four programs that were insti-
tuted at Harvard University, at Penn State, at Minnesota, and
ASU. The universities developed school administration programs,
graduate programs in school administration. This was the orig-
inal design of the proposal in Washington, D.C., constructed
by Dr. Jim Wilson, who was at that time the director of the
Indian Desk, OEO. The component that arrived at Arizona
State University did not get into the department of school ad-
ministration. Rather, it was directed into the department of
elementary education. The students who were recruited under
the promise that they were going to receive graduate degrees
in school administration arrived here and found out they were
now going to be training for elementary education degrees.
It's kind of worthy to note that Jim Wilson, who is the
author of this program, received his doctorate degree at Arizona
State University. I'm just making this information known to
the Commission. He received his doctorate degree, and the chair-
man of his committee, his graduate committee, was Dr. O'Beirne
who in turn became the director of this component at Arizona
State University — of the elementary education component.
133
Commissioner Freeman. Mr. Buggs, do you have any ques-
tions ?
Mr. Buggs. Just one question following Commissioner Ruiz's
question.
Mr. St. Germaine, when this survival skills course — When you
discovered that it had been instituted for essentially athletes,
did you make any representation to the administration then?
Mr. St. Germaine. Yes. It's on record in the minutes of a
certain Special Services Advisory Board meeting. I made it
known to the Special Services Advisory Board meeting that we
were indeed shocked that this other course was conducted in
secrecy and we were not — you know — we were not informed
that our course was not acceptable by the university.
Mr. Buggs. And what answer did you get then ?
Mr. St. Germaine. I received none.
Mr. Buggs. How long ago was that?
Mr. St. Germaine. This was perhaps a month ago.
Mr. Buggs. Thank you.
Commissioner Freeman. Thank you very much. You may be
excused.
The next subject area about which we will receive testimony
is the administration of justice. We will now call our first wit-
nesses on the subject. They will be Reverend John Fife, Mr.
Michael Wilson, and Mr. Wallace Baker.
Will you remain standing to be sworn, please?
(Whereupon, Reverend John Fife, Mr. Michael Wilson, and
Mr. Wallace Baker were sworn by Commissioner Freeman and
testified as follows: )
TESTIMONY OF REVEREND JOHN FIFE, PASTOR, SOUTHSIDE
PRESBYTERIAN CHURCH, SOUTH TUCSON, ARIZONA; MR. MICHAEL
WILSON, STUDENT, UNIVERSITY OF ARIZONA AND BOARD
MEMBER, AMERICAN INDIAN ASSOCIATION; AND WALLACE
BAKER, ESQ., ATTORNEY-AT-LAW AND PART-TIME MAGISTRATE,
CITY OF PHOENIX, ARIZONA
Commissioner Freeman. Thank you. You may be seated.
Mr. Powell.
Mr. Powell. Beginning with the gentleman on my left, would
you each please state your name, address, and occupation for
the record ?
Mr. Baker. My name is Wallace J. Baker, Jr. My address is
8617 North 12th Avenue, Phoenix. I am an attorney-at-law
and magistrate of the city of Phoenix City Court.
Reverend Fife. My name is John Fife. I am pastor of South-
side United Presbyterian Church in Tucson. My address in Tucson
is 305 West 23rd Street.
Mr. Wilson. My name is Mike Wilson, Papago, 580 South Main
134
Avenue, city of Tucson. I am the acting director of the Papago
Cultural Research and Halfway House.
Mr. Powell. Mr. Fife, how long have you lived in Tucson?
Reverend Fife. Three years in Tucson, sir.
Mr. Powell. Mr. Wilson, how long have you lived in Tucson?
Mr. Wilson. Approximately 10 to 12 years.
Mr. Powell. Mr. Baker, I understand that you have been very
active representing Indians in the Phoenix area and that you
have had substantial background as a law professor and as an
attorney-at-law in Cleveland. Is that correct?
Mr. Baker. Yes, that's correct, sir. I spent 7 years teaching
at the University of Arizona College of Law; active in the field
of Indian law, and was a lecturer on the Indian Civil Rights Act
once it was adopted; have been a lecturer at the National Indian
Police Academy while at the university and while here in Phoe-
nix; and after leaving the teaching profession and entering
private practice here in Phoenix I have represented, I suppose,
hundreds of Indians as a private attorney. I wanted to carry
that one step further and became a part-time magistrate of the
City of Phoenix Court, I think I can explain that later.
Mr. Powell. What are your responsibilities as a part-time
magistrate ?
Mr. Baker. Well, the City Court has a tremendous caseload.
We have full-time magistrates, and to help, particularly with
the DWI cases, we have five or six part-time magistrates who
try to devote one or two days a week to the court system. As I
say, we usually, mainly, try DWI jury trials and handle the
regular traffic load.
Mr. Powell. Mr. Baker, in your opinion, what are the major
legal problems which Indians face outside of the area of the
administration of justice?
Mr. Baker. Well, as you know, they are legion. May I just
start with a preface to that problem ?
Mr. Powell. Please do.
Mr. Baker. The city of Phoenix has a very fine Legal Aid
Society, but, unfortunately, it is understaffed and the demand
is great. For that reason many of the Indian clients who have
civil problems are unable to get the attention they really need
from Legal Aid.
We also have a very fine legal reference service in Phoenix
where an individual can go to the bar association and request
the services of a private lawyer, but, unfortunately, many of the
Indians are totally unaware that this service is available.
As a consequence — And I might add, incidentally, to my knowl-
edge we have no Indian lawyers in the city of Phoenix in the
private practice of law and very, very few in the entire State.
So it comes down really to either not getting representation
135
or there are a few like myself who try their best to take care of
as many Indian people as possible, along with our regular prac-
tice, and I probably take care of as many or more than anyone.
But specifically on the problems, now, I don't think they are
any different than the problems of the general economic level
or educational achievement of other people. They do fall into
rather definite classifications, however. Because of the economic
level of many of the urban Indians, they are plagued with
credit problems. The finance companies in Phoenix I think over-
extend a great many of the Indians, not necessarily Indians, but
people of that economic level, and as a consequence they have
been able to borrow many, many times more than their income
would justify.
And with that, of course, the only solution is bankruptcy. So
they go from the loan companies through the bankruptcy court.
They have a great many problems with the natural tendency
to share wealth. When one of the urban Indians gets a good job
and is making money, the tendency is to send a good deal of that
money home, or, if his relatives come to Phoenix, to financially
sustain the relatives. In many cases this results in co-signing
notes. So they are not only taking out loans for themselves but
they are co-signing for relatives and friends on the basis of their
employment, and this turns out to be disastrous.
They have the normal problems with door-to-door salesmen.
And then, of course, domestic relations.
But I think probably the biggest problems are in the field of
credit and in the field of, oh, perhaps, automobiles, generally
revolving around automobiles; purchasing automobiles, having
them repossessed, and the problems that go with that.
Mr. Powell. I take it that in the course of your representation
of a large number of Indians you have had contact with the
Phoenix Police Department? Is that correct?
Mr. Baker. Yes, I certainly have.
Mr. Powell. For what offenses are Indians most frequently
arrested in the Phoenix area, Mr. Baker?
Mr. Baker. Well, I suppose far and away the greatest num-
ber of arrests are for the offense of what is now called public
intoxication. It used to be drunk and disorderly until recently.
So that far and away overshadows everything else.
There are some arrests for drinking from open containers.
There are some for vagrancy, although I think we have pretty
well put a stop to that type of arrest.
There are very few Indian arrests for serious crimes. Very few.
Mr. Powell. To what do you attribute such a high rate of
arrest for intoxication? Does this generally occur in a particular
part of the city ?
Mr. Baker. It certainly does. It occurs in the — what is called
136
the "Deuce area" or the downtown area. I don't think it can be
in any way said that the police are singling out Indians, al-
though of all of the females that are arrested in Phoenix, 50 per-
cent are Indian, and of all the males that are arrested in Phoenix,
about 25 percent are Indian. Whether this is the cause or the
effect I don't know, but the statistics are fairly accurate.
Why are they arrested? I think the major reason is that the
Indians generally are of an economic level that they can't afford
memberships in country clubs or other private places, and as a
result they tend to congregate in the downtown bars, and after
they have been drinking for a while they come out and the police
are standing right there with the wagon, and they just go from
the bar to the wagon to the police station.
As to why they are arrested, they are obviously intoxicated.
What leads to that is a whole other matter.
Mr. Powell. What kind of facilities are they generally taken
to when they are arrested ?
Mr. Baker. Well, the person who is picked up on the street
for public intoxication is taken to the downtown station, and
one of two things happen: If he is not terribly intoxicated, he
may be released to a relative or to his wife if they will come
down and get him; barring that, he is put in the drunk tank,
holding tank, for the night, and in the morning he is brought
down before one of our magistrates for what is called jail court.
Now, not too long ago, before I was on the bench, I represented
a number of these people who were being charged in city court.
And it got to the point where I finally had to bring — in my own
conscience — had to bring a habeas corpus action for an Indian
woman who had been arrested, through that time, 95 times for
drunk and disorderly. And this was in the period of her lifetime
in Phoenix. The treatment that was accorded the intoxicated
Indian at that point I felt was just unconscionable.
As a result of that case, after we spent 3 full days in court
with the chief of police, who was a very fine and dedicated man,
and as a result of that hearing — which I lost, incidentally — the
court held that intoxication — not intoxication — that alcoholism
was not a disease under our classification of disease in Arizona —
the police chief was moved to put pads in the drunk tank so
that the people who had to spend the night there were no longer
forced to sleep on the cold concrete. That I thought was a victory.
They decided to try and improve the rabbit tank out in the
compound. Out there the Indian for whom I was complaining had
to sleep on the floor on a mattress, although he had arrested TB.
And they have now ordered bunks for the holding tanks out
there.
So things are really improving. They are trying to improve,
but there is a terrible lack of money.
137
Mr. Powell. Did you say the judge held alcoholism is not
a disease?
Mr. Baker. Yes, sir.
Mr. Powell. And what was the effect of that holding?
Mr. Baker. Well, the effect of that holding was that Mrs. Cook
had to remain in city jail. And I have the opinion of the court —
Mr. Powell. But you characterized that as a victory, I thought.
Mr. Baker. Well, no, not at all.
Mr. Powell. I see.
Mr. Baker. But as a result of that hearing, conditions were
greatly improved in the city jail.
Mr. Powell. I see.
Mr. Baker. That, in effect, was our victory resulting from the
bringing of the suit. Incidentally, this condition won't last much
longer, because in 1974 alcoholism will be recognized as a disease,
and people who are arrested for public intoxication will be
treated as having a disease and will no longer be arrested and
treated as criminals.
Mr. Powell. That's a result of some legislative provision ?
Mr. Baker. Yes, finally that is a legislative decision, yes, sir.
Mr. Powell. What steps do you think should be taken to im-
prove the conditions of Maricopa County jail, Mr. Baker?
Mr. Baker. I think Chief Wetzel is doing everything he pos-
sibly can with the financial limitations he has to improve the
conditions of the jail. What they desperately need, of course, is
a new jail. But they have improved the two facilities that Indians
find themselves in most — that is, the drunk tank and the com-
pound— and, other than a completely new facility, I'm just un-
aware of what could be done to improve the position of the
prisoner — physically, that is.
Mr. Powell. Thank you very much, Mr. Baker.
Reverend Fife, in your capacity as minister of the Southside
United Presbyterian Church, are various problems facing the
South Tucson Indian community brought to your attention ?
Reverend Fife. Yes, sir.
Mr. Powell. What percentage of your congregation is Indian,
Reverend Fife ?
Reverend Fife. Approximately a quarter — 25 percent.
Mr. Powell. What kind of problems have you found Indians
in your congregation have? What kind of problems do they en-
counter ?
Reverend Fife. The problems range across the whole spectrum
of topics — health care, administration of justice, education, eco-
nomic problems. You can just about run the spectrum. We live
in a poverty community. All the problems are indigenous to that
sort of thing.
Mr. Powell. Thank you.
138
Mr. Wilson, you are a member of the South Tucson Indian
Center Board of Directors, are you not?
Mr. Wilson. Yes, I am.
Mr. Powell. How long have you been affiliated with this cen-
ter, Mr. Wilson ?
Mr. Wilson. Approximately since 1964, but I became a mem-
ber of the board just this past April.
Mr. Powell. We have heard something of the Center's func-
tions in earlier testimony; they deal with community problems,
problems of Indians in the community. Mr. Wilson, would you
please describe some of the law enforcement problems facing
Indians in the South Tucson area?
Mr. Wilson. Before I start that, I just have a couple of com-
ments to make concerning this body. The American Indians that
have come today and that have testified so far, have come in
good faith believing that the American judicial system of which
this body is a representative is sensitive —
Mr. Powell. We are not a judicial body, Mr. Wilson. We are
not a judicial body.
Please continue.
Mr. Wilson. Well, you are representative of the Justice De-
partment, are you not?
Mr. Powell. No, we are not representative of the Justice De-
partment.
May I explain who we are and what our function is ?
Mr. Wilson. Yes, please.
Mr. Powell. The United States Commission on Civil Rights
is a fact-finding commission. Its members are appointed by the
President, confirmed by the Senate. We are a rather unique
organization. I suppose that the closest thing that you could
characterize us is a legislative — It's not really legislative, but
it's part of the legislative function. We are engaged in fact-
finding. Once we find those facts, we will report our findings and
make our recommendations to the President, but, more impor-
tantly, Congress.
As a result of our recommendations, Congress in its wisdom,
might see fit to enact legislation which we recommend. As a
result of our recommendations, the President might see fit to
issue executive orders. He might see fit to change policies within
the confines of the law requiring cabinet members to carry out
their programs differently.
So in that connection we are not a judicial body. We are
not even — We don't even have the power of legislation. We do
have the power of shedding light on problems and making rec-
ommendations about people's problems.
It's in that connection that we are here now, and if you have
some comments on that —
139
Mr. Wilson. Yes, I do, and, as I say, in good faith we come,
but I think after so many centuries of hearing promises and
recommendations from the Federal Government, of which this
body is a representative, I think it's the consensus of the Amer-
ican Indians that we don't have a —
Mr. Powell. You speak for all the American Indians ?
Mr. Wilson. No, I don't.
Mr. Powell. All right.
Mr. Wilson. Well, personally, I do not have faith in this body.
I think that I would like to have faith that this body has good
intentions to bring about social changes, but it's been my experi-
ence just this past summer that my faith in the American ju-
dicial system was greatly shattered, and I come to this hearing
very dejected and somewhat bitter because of my past experience,
specifically concerning the case of the death of an Indian brother
by the name of Philip Celaya.
And since July 1, the Papago Cultural Research and Halfway
House, we have just been given the run-around. We have gone
to court. We were told that the Justice Department came in, in-
vestigated. We were told the FBI came in, investigated. But so
far we haven't — They haven't come directly to us except for,
you know, this meeting tonight.
But since July 1 it's as if the death of Philip Celaya has been
a very casual occurrence.
Mr. Powell. You don't think the circumstances surrounding
his death were adequately investigated? Is that it?
Mr. Wilson. Exactly. I don't intend to be arrogant before this
body. It just is my arrogance is born out of frustration. I think
such frustration or desperation is conducive to demonstrations,
to sit-ins, to occupations of BIA facilities.
As I said, in good faith I would like to believe that this body
is going to initiate some type of social change via judicial change.
Mr. Powell. I'm sure that the Commissioners are certainly
going to try. Whether they are going to be successful or not I
don't think anyone can predict the future. But in the past the
recommendations of this Commission have, on balance, been im-
plemented. Some 75 percent of, oh, I'd say over 100 recommenda-
tions or more have been implemented. All that we can do is
do our best. That's why we are here.
Mr. Wilson. Thank you very much.
Mr. Powell. You wanted to speak to the law enforcement
problems of the South Tucson area?
Mr. Wilson. Well, South Tucson and also it's bigger than just
South Tucson. It's particularly the Pima County sheriff's depart-
ment. South Tucson is a very small city within a city, within
the city of Tucson. Tucson is the capital of the county of Pima.
140
Mr. Powell. You want to speak to the broader problems of
the county? Is that it?
Mr. Wilson. I think it would be better to attack it there
because in South Tucson there is just a small percentage of
Papagos, you see, in comparison to the whole county.
Mr. Powell. In your view, what are some of the problems
which occur?
Mr. Wilson. Specifically, such as the Pima County — the deputy
sheriffs in Ajo deliberately intimidating the Papagos in Ajo fol-
lowing the death of Philip Celaya.
On the 1st of July, a friend and I drove directly to Ajo. We
drove directly to the Pima County substation. We spoke to the
county investigators. They were very diplomatic and very cor-
dially said, "Yes, come on in. We'll discuss it."
And we were told that the death of Philip Celaya was just a
very cut and dried case, that Philip resisted arrest, drew the
deputy sheriff's pistol, that there was an exchange of fire, and
that Philip was unfortunately the one to die.
The way that the investigator described it was that it was
just a very cut and dried case and that he hoped that the two
of us would not go back to Tucson, you know, and create trouble.
So from there we went and we spoke to some of the witnesses,
to the family, and we came up with opposite conclusions sur-
rounding the circumstances that led up to the death of Philip
Celaya.
So the following day we drove back to Tucson. We started a
meeting to plan some type of protest. I think it's the feeling of the
sheriff's department that Papago Indians are docile, that they are
subservient. I think this is one of the myths of the white men —
is that Indians, you know — that because they don't resist it's just
that they are subservient. Anyway, we dragged the thing on for
about a month, but to no avail. We were repeatedly defeated in
the courts. And — That's all.
Mr. Powell. Well, there is — at least there was — a member
of the Civil Rights Division, Department of Justice, here earlier.
I don't now see him. Is he here ?
(No response.)
But, in any event, the one thing that the Commission can do
about this matter which I see is of such concern to you and other
members of the Indian community is that we can refer the
matter to the Department of Justice and request that it make
an investigation. And, I don't know — I'm not sufficiently familiar
with the details of the extent of what investigations have been
made before — I do understand that State investigations were
made.
Mr. Wilson. The thing is that our body — you know, the Pima
County Police Department — they conducted their own investiga-
141
tion, which to the Papago Cultural Research and Halfway House
constitutes a conflict of interest — one body investigating itself.
And—
Mr. Powell. Has there been a Department of Justice investi-
gation of the matter ?
Mr. Wilson. I think there has been, yes, but it took the
NAACP — They tried to help us, and they wrote to the office of
the State Attorney General requesting that his office commis-
sion a separate investigation, and the State Attorney General
replied that he felt that Pima County was very capable of con-
ducting an impartial and fair investigation, which to us at the
State level, that was a —
Mr. Powell. We are going to have the Attorney General here
tomorrow. We will have an opportunity to inquire of him about
this matter.
Mr. Wilson. On one more point, if I may — it's paramount
concerning this case — is that we got to this grand jury of one
it's called, and the county pathologist who performed the autopsy
was asked if a paraffin test — well, the paraffin mold of the vic-
tim's hand had been taken. This was very important because
the deputy sheriffs that killed Philip Celaya, they based their
shooting on a strictly defensive motive, that they were returning
fire, and, therefore, this was the basis for the justifiable homicide
ruling, and so the county pathologist replied that, yes, the paraf-
fin mold, it had been taken of the victim's hand. And so the
county pathologist was asked if the test had been conducted yet.
And at that point the Pima County — the chief criminal attorney
for Pima County — replied that the paraffin test was not taken
because it was too expensive, to the amount of $2,000, which to
us was, you know, justice is too expensive.
It's somewhat ridiculous for the chief criminal attorney to tell
us that, but we were very — We were trying to fight this prac-
tically by ourself, but we weren't that familiar with the legal-
ities involved, you know, $2,000 is a lot of money. And, see, if the
chief criminal attorney for Pima County says it's too expensive
to conduct, you know — We were ignorant enough to believe him.
And the most important thing is that Phil's death was ruled
justifiable homicide because the deputy said that Philip had fired
the pistol first. You see, a pistol — If Philip had shot the pistol
first, there would be chemical traces, you see, on his arm. And
so this paraffin — The mold was taken, he said, the firing arm.
But it got as far as that grand jury investigation and the county
pathologist said that, no, it was not taken because the Pima
County attorney's office had not requested it to be taken.
Mr. Powell. Thank you very much. Very interesting state-
ment.
Mr. Fife, speaking now about the problems, law enforcement
142
problems, in South Tucson — this is going to be my last question
before I turn it over to the Commissioners — but just for the pur-
pose of trying to get some of that into the record, what are the
problems? What are the kinds of law enforcement problems?
Reverend Fife. Well, Mike and a group of young men last
year who did some research in the courts in South Tucson, found
that Indians were being arrested and charged in that municipal-
ity at a rate approximately four to five times their population
percentage.
At that time, the South Tucson municipality had the practice
of employing prisoners to collect their garbage. The prisoners
were used as labor gangs on the garbage trucks to collect municipal
garbage.
Mr. Powell. Was this prisoners in general or just Indian
prisoners?
Reverend Fife. Well, they were prisoners in general, but as it
turned out, no one ever saw anybody but Indians working those
garbage trucks. No Mexican Americans, or blacks, or Anglos
were ever seen working those garbage trucks. They were always
Indians.
The allegations in the community were — this is very hard to
substantiate — but the allegations in the community were that
there was probably a quota system operating where the garbage
trucks had to be manned so that so many people had to be picked
up on drunk and disorderly in order to man the garbage trucks.
You know, the problems are almost legion.
Allegations come to my attention constantly of Indian young
people being picked up when they are in altercations with peo-
ple of any other racial minority groups, and it's only the Indian
young people who are arrested. The other young people are let go.
You have to understand the municipality of South Tucson. It
covers a one square mile area, and in that one square mile area
there are, I believe, 54 bars. So we have a number of problems
unique to the municipality there which present a lot of problems
unique to law enforcement.
Mr. Powell. Are Indians typically represented by counsel
when they are arrested ?
Reverend Fife. No, no, not at all. They are not represented on
the police force. As a matter of fact, no residents of that mu-
nicipality are represented on that police force in any great num-
bers. The police chief doesn't even live in town. Other members
of the police force don't live in the municipality. The town man-
ager doesn't live in the municipality. So you can see we have
some unique problems there in terms of law enforcement.
Mr. Powell. Madam Chairman, I have no further questions.
Commissioner Freeman. Mr. Wilson, I just want to reassure
you that your testimony concerning the Celaya shooting contains
143
some very serious allegations that raise questions about whether
Federal law was violated. We will ask that that portion of the
transcript relating to your statement be transmitted immedi-
ately to the Justice Department with a request for a report.
Mr. Baker, I would like to ask you several questions, especially
since you are a lawyer.
You have used the phrase "drunk tank," and I wonder if you
will describe that a little bit more for me.
Mr. Baker. Well, I think every jail that I am familiar with has
one big room in which all the people picked up for intoxication
are placed until they are brought before the magistrate in the
morning. It's rather degrading. Actually, it's a rather degrad-
ing experience.
And they are held in this one big room until they are brought
down around five — well, between six and seven in the morn-
ings to jail court. And it's nothing but one big room with bars
and cement floor.
Commissioner Freeman. Will you tell us what is the usual
disposition — First of all, the person who is arrested and charged
with public drunkenness, is it correct that that person usually
is not represented by counsel? Is that correct?
Mr. Baker. Yes, that is correct. Well, up until recently, for a
long time I could just count on every Saturday night being up
between 3:30 and 5:30 because they would call and ask what
to do — that is, the clients. And the only thing you could tell
them to do going down Sunday morning for jail court would be
to plead not guilty.
As a matter of fact, on a good Sunday there will be approxi-
mately a hundred brought in for public intoxication. About 1 to
2 percent of those will actually plead not guilty. The rest then
are — The 99 percent go off to jail.
But on representation, if they don't have a private lawyer,
and ninety — well a hundred percent of them didn't — they just
faced the magistrate without any legal counseling.
Now, recently, because of the Supreme Court ruling, we have
a public defender who is assigned to jail court, and he will handle
the case of any indigent who requests the services of a lawyer.
It's turning out, however, that the vast majority are still plead-
ing guilty and not taking advantage of the counseling of the
public defender.
Commissioner Freeman. Well, I was going to bring to your
attention the Supreme Court decision in Argersinger v. Hamlin,
407 U.S. 25, because it is incredible if the entire State of Ari-
zona is violating the civil rights of these persons in confining
them to jail without counsel.
Mr. Baker. Yes, I don't mean to give the impression that —
They do now have — When they come to court in the morning
144
after being picked up at night, there is a public defender as-
signed to traffic court and as the defendant comes before the
court he is asked if he wishes to plead guilty or not guilty. If
he wishes to plead guilty and wishes to waive the right to coun-
sel, that is put on a stamp which I have here, and then he
pleads guilty and goes on his way to jail or is released with a
suspended sentence.
If he wishes to plead not guilty — and he has to make that
choice — then he will be assigned a public defender if he wishes
one.
Commissioner Freeman. I'm still a little disturbed because
there may be a possibility that the public defender in some in-
stances may just be used to facilitate the road to jail. Is that a
possibility?
Mr. Baker. In what respect, Madam Commissioner?
Commissioner Freeman. Are there some public defenders —
And, of course, as you perhaps know, through the years there
have been some public defenders who have been so perfunctory
in their representation of a defendant that they need not have
been there in the first place.
Mr. Baker. No, I don't think that is true at all of the Maricopa
County Public Defender's office. I have had them appear before me
as a judge; I have had occasion to work with them as a private
lawyer, and I think they are a very dedicated group and a very
aggressive group of lawyers. I feel a hundred percent they are
defending the rights of indigents. I don't have that experience
at all in Phoenix.
Commissioner Freeman. Is it your testimony, then, that the
persons who are sentenced to jail for public drunkenness are re-
ceiving due process?
Mr. Baker. I don't know really where to start answering that
question. I think it starts really the night before with the more
serious question of: Should they be arrested at all ?
Commissioner Freeman. This is the point. I am going to ask:
Does the organized bar of Arizona have any concern as to
whether this should be a law in the first place?
Mr. Baker. I can't answer your question. I can only answer it
as it relates to me and the attorneys —
Commissioner Freeman. You as an attorney —
Mr. Baker. Yes.
Commissioner Freeman. — who I believe has a reputation
for being perhaps a civil rights attorney.
Mr. Baker. Yes.
Commissioner Freeman. What is your opinion in this matter?
Mr. Baker. As to whether or not they should be picked up
for drunkenness?
145
Commissioner Freeman. Yes — whether this is an offense that
actually should be an offense against the State.
Mr. Baker. All right. Let me answer it by saying that I really
can't make up my own mind, Madam Commissioner, for this rea-
son: If you take an intoxicated person — and let's make it an
Indian since we are concerned primarily with Indians —
Commissioner Freeman. We seem only to get intoxicated
Indians in jail.
Mr. Baker. Many, many of them are. That's right. The largest
percentage are. But the question is: What is the alternative?
If you get an Indian who is intoxicated Saturday night and stum-
bles out of a bar, you have two alternatives — or three. There
will be a third one next year in 1974 of treating him as having
the disease that he does, the illness that he does, But right now,
what is the alternative? You either leave him alone — disregard
him — and if you do that, then he is likely to be rolled or stabbed
or beaten up by the people in the Deuce area who are less intoxi-
cated than he is. This is a terrible fate for the person who is
intoxicated.
The other alternative is to pick him up and take him to jail
and put him in the legal process which I have described.
Now, which is worse? I think only you can make up your
own mind. I personally feel that perhaps between those two
alternatives at the moment the best is to take him off the street
for his own protection.
Now, what we do with him after he is picked up, I think,
could be improved upon. But certainly I don't think the answer
is to disregard his condition and ignore him and subject him
to the fate that I have just described.
Commissioner Freeman. Of course, I suppose I'm a little
troubled by the "what we do with him" context of the state-
ment, and that the "we" is a jurisprudence that excludes the
Indian. In other words, he is sentenced, he is judged and sen-
tenced, by persons who are non-Indians.
Mr. Baker. That's true, and if the vast majority —
Commissioner Freeman. By laws that are made by persons
who are non-Indian.
Mr. Baker. Yes. I certainly agree. And in many cases in a
structure that he is completely — that is completely foreign to
him, that he can't understand. He very frequently has a language
problem so that he doesn't actually understand what is being
said to him.
In many cases he is still so under the influence that although
you wouldn't classify him as being actually drunk in most cases
at that point, he is still just one or two hours away from having
been picked up, and I think there is certainly a great deal of
room for improvement in this process.
146
We have recently authorized the hiring of a Navajo interpreter
which will at least help in the Navajo — with the Navajo people.
Commissioner Freeman. That will just let him know why
he is in jail —
Mr. Baker. That's correct.
Commissioner Freeman. — but it won't keep him out.
Mr. Baker. That's exactly correct. And the only answer, of
course, in keeping him out does not lie with the administration
of justice. It's a far bigger problem involving lots of other agencies.
But until he loses the need for drinking and is able to disperse
from that Deuce area, we're only dealing with the symptom and
not the disease — we, the lawyers.
Commissioner Freeman. It seems to me that the legal pro-
fession here in this State has a challenge and that it ought to
be looking at its laws.
Mr. Buggs?
Mr. Buggs. I don't quite understand. I'm not an attorney. I
look at an awful lot of television I suppose, and when a person
is arrested I always hear the officer say, "Don't say anything —
you have the right to counsel." Now, I suppose you can't talk to
a drunk man. He probably doesn't know what you're saying.
Mr. Baker. That's true.
Mr. Buggs. But when he gets to the court, isn't the critical
point his plea?
Mr. Baker. Yes.
Mr. Buggs. Why, then, does the court not assign the public
defender before he makes a plea?
Mr. Baker. I think you have struck on a very critical point,
Mr. Buggs.
(Applause.)
Mr. Buggs. Is there something that could be done about that?
Mr. Baker. Madam Commissioner has raised this point too.
What is the alternative? If in fact we postulate that he was
intoxicated when he was picked up, what is the alternative
to pleading guilty?
Mr. Buggs. At least he has counsel to tell him what he ought
to do.
Mr. Baker. That's true.
Mr. Buggs. That's what a counsel is for.
Mr. Baker. And perhaps the procedure could be turned around
so that he has counseling. But when you realize — I'm not ex-
cusing this, and I think there is a definite need for improve-
ment. We do have a vast number of prisoners that come down
in the morning, as I say, anywhere from 80 to 100, and it's just
running through one after another.
Mr. Buggs. And I suspect that with the mass arrests of that
147
kind that it's awfully likely that sometimes Indians are arrested
who aren't intoxicated at all.
Reverend Fife. Mr. Buggs, if I could — I'm pastor of a very
small congregation. And even less than that is Indian, only about
25 percent of my congregation. In recent history, my congrega-
tion, within the last 10 years, two men, Papago men, members
of my congregation who have been arrested by the police for
public intoxication, have died as a result, direct result, of their
handling during this process which we have been so intellectually
discussing and legally discussing.
One man in recent history, within the last 4 years, was ar-
rested by the Tucson police. He was a very old man. While sitting
on a street corner — this man had broken his hip — they arrested
him for public intoxication. And by this man's family I have
learned that that man had not touched a drink for at least 35
years. He had been stone cold sober. They arrested him for public
intoxication, took him to jail. He spent a day and a half in jail
before his family was even able to find out where he was. They
were frantically searching all the hospitals and places for him.
When they finally did find him, discovered that his hip was
broken and got medical care for him, he died in the hospital,
never came out of the hospital.
Another man, previous to that, died as a direct result of being
beaten in that drunk tank we talked about so eloquently this
evening — after being arrested for public intoxication.
Part of Mike's bone of contention with commissions on civil
rights and human relations, my congregation tried to take that
before the Tucson Commission on Human Relations — the last
case, the man with the broken hip who was arrested for public
intoxication: They were told that the Commission on Human
Relations couldn't deal with that case because the man had an
arrest record for public intoxication.
I looked up that arrest record for public intoxication. He was
arrested once in 1929 for public intoxication. The Tucson Com-
mission on Human Relations in 1967 didn't want to take that
man's case on complaint against the Tucson Police Department
because he had such a record.
It's this sort of experience of a very small congregation in a
very small area of our city. If you project that experience — two
men dead as a direct result of contact with this process we
have been talking about — if you project that figure to a total
population, you get some idea of the enormity of the problem
we are referring to at this point.
Mr. Buggs. Well, it certainly seems to me that it is reasonable
to assume that if a group of people get a reputation, deserved
or not, of always being drunk, the natural consequence of that
kind of stereotype is that any time an Indian is seen walking out
148
of a bar one assumes that he is drunk and they put him in jail.
And then they ask him if he is guilty before he has counsel,
and he says "yes" because he may or may not know what he's be-
ing asked, and off he goes to jail.
I can see why Mr. Wilson gets frustrated. And let me say to
you that you aren't arrogant at all. I don't think anyone on this
panel thinks you are. I think you were acting or reacting in a
very normal way.
I would only say that frustration certainly never leads to the
resolution of problems, and it's going to take young people
like yourself to keep coming to places like this and to other
places and saying the things you did before any changes are
going to be made.
(Applause.)
Mr. Powell. One of the Indian members of our SAC men-
tioned that often when an Indian is asked if he wants counsel,
the only "council" that he knows is his tribal council.
Mr. Baker. May I make one comment on that? As you know,
the Civil Rights Act of 1968 provided for the appointment of
counsel, or at least the availability of counsel, in criminal cases.
I have been trying to push for the representation by counsel
in civil matters in the tribal courts. And in spite of what I
think is the clear language of the Civil Rights Act of 1968, the
Salt River Tribe and the Colorado Tribe, just to name two, still
will not let an Indian bring in an outside lawyer to represent
him in the tribal court. So this is an area I think the Civil Rights
Commission could well take some action in.
We have been referring most of our questions to the urban
area, but when you get tribal courts in close proximity to urban
centers, as the Colorado Tribe is and the Salt River Tribe is, I
think they should be entitled to counsel. And not only are they
prohibiting it, but the tribal attorneys for both tribes have re-
cently filed a brief in Federal Court saying that the Civil Rights
Act of 1968 does not provide that as part of due process under the
law.
So I would ask you to check into that.
Mr. Powell. Such inquiries as we have made suggest that
there are a number of Indians, particularly tribal leaders, who
feel that, if the 1968 act were to be construed as you say it
should be, that that would be a substantial infringement upon
the jurisdictional authority of tribes to conduct their affairs in
accordance with their own sense of justice. I don't think at this
point we are sufficiently familiar with this problem to have a
judgment, but we certainly will look into it.
Mr. Baker. I would just ask that that be done, yes.
Commissioner Freeman. Thank you very much. The witnesses
are excused.
149
Our next and final witnesses for tonight are Mr. Philip Tsosie,
Dr. David Giles, and Mr. Albert French, Sr.
Will you come forward, please? Will you remain standing,
please?
(Whereupon, Mr. Philip Tsosie, Dr. David Giles, and Mr. Al-
bert French, Sr., were sworn by Commissioner Freeman and
testified as follows: )
TESTIMONY OF MR. PHILIP TSOSIE, DIRECTOR, SOUTHWEST
INDIAN YOUTH CENTER; DR. DAVID GILES, ASSISTANT DIRECTOR,
SOUTHWEST INDIAN YOUTH CENTER; AND MR. ALBERT FRENCH,
SR., PRISONER-PAROLE COORDINATOR, INDIAN DEVELOPMENT
DISTRICT OF ARIZONA
Commissioner Freeman. Thank you. You may be seated.
Mr. Smith will be asking the questions.
Mr. Smith. Mr. French, would you please state your name and
occupation for the record?
Mr. French. My name is Albert French, Sr., and I am the
Prisoner and Parole Coordinator for the Indian Development Dis-
trict of Arizona.
Mr. Tsosie. Philip Tsosie, the Director of the Southwest In-
dian Youth Center.
Dr. Giles. Dr. David Giles, the Associate Director, Southwest
Indian Youth Center.
Mr. Smith. Mr. Tsosie, would you please briefly describe for
us the functions of the Southwest Indian Youth Center?
Mr. Tsosie. Yes. The Southwest Indian Youth Center is a re-
habilitation center for Indian youth, Indian males, between the
ages of 13 and 21.
Mr. Smith. And you are referred inmates from how large a
geographical area?
Mr. Tsosie. All of Arizona plus New Mexico, Utah, Nevada
and California.
Mr. Smith. And you have 71 slots at this time? Is that right?
Mr. Tsosie. Right.
Mr. Smith. Are there any other facilities of this kind avail-
able to reservation Indians in the Southwest?
Mr. Tsosie. No.
Mr. Smith. Are there any facilities of this sort available to
women, Indian reservation residents, at all ?
Mr. Tsosie. No.
Mr. Smith. What about facilities on reservations? Are there
any facilities on reservations especially for juvenile offenders?
Mr. Tsosie. Nothing other than the tribal jails that I know of.
Mr. Smith. What are the sources of the funding for the South-
west Indian Youth Center? Would Dr. Giles like to answer that?
Dr. Giles. The Southwest Indian Youth Center is funded by
150
multi-sources. All of them fund under the amount that is re-
quired to keep a student there. The Bureau of Indian Affairs. The
State Department of Vocational Rehabilitation. The Manpower
Development Branch of the Labor Department was a former
funding agent of this project. A number of counties in the State
of Arizona fund. The State of Nevada funds.
Mr. Smith. Isn't it correct that basically 85 percent of your
funding is through the BIA?
Dr. Giles. At least 85 percent.
Mr. Smith. Isn't it also true that this funding source imposes
upon your operations the limitation to reservation residents?
In other words, you cannot service off -reservation residents ?
Dr. Giles. That's correct.
Mr. Smith. Does the Southwestern Indian Youth Center re-
ceive any financial support directly from the State of Arizona?
Dr. Giles. From the State Department of Corrections and
from the State Department of Vocational Rehabilitation. How-
ever, only for those residents that live off reservation.
Mr. Smith. In other words, it's an individual funding for
identified persons ?
Dr. Giles. Right.
Mr. Smith. But you don't receive any block grant of support
from the State ?
Dr. Giles. None at all from the State.
Mr. Smith. Can you tell us why the State doesn't offer financial
support?
Dr. Giles. Our understanding as we approach governmental
agencies in the State of Arizona is that Indian people are not
taxpayers in the State of Arizona in the sense that they are
taxed on reservation. Therefore, they are not entitled to the
services of the State of Arizona. For example, the State indus-
trial school is closed to Indian young people who commit offenses
on reservation.
Mr. Smith. In other words, the State feels that because res-
ervations are not a tax-generating base that the residents of
those reservations are not entitled to State programs, State
funds?
Dr. Giles. I think that's a correct summary.
Mr. Smith. What, then, has been the experience in obtaining
funding from Federal sources?
Dr. Giles. There is a great deal of difficulty there. Under the
present administration there has been a tendency to regionalize
all funding. As a result, State plans are required in order to
qualify for regional funding. The State of Arizona views Indian
people as non-taxpayers, therefore largely excluded from State
plans. And as a result, in previous administrations Indian people
have had to seek out discretionary money at a Washington level
151
that is no longer there. You now have to go after regional money,
and the population is excluded.
Mr. Smith. So, in other words, you find on one hand the
attitude of the State that directs you towards the Federal sources,
and, on the other hand, the attitude of the Federal Government
that directs you toward local sources ?
Dr. Giles. Exactly.
Mr. Smith. You recently mentioned to staff members an
incident involving a direct grant from the National Institute of
Mental Health. What was that about?
Dr. Giles. There is discretionary money available in the
National Institute of Mental Health of the Department of Health,
Education, and Welfare. We found that after a site visit was
held by a group of qualified researchers, their group of site
visitors at a Washington level, that the State of Arizona ap-
parently has applied pressure through the region stating that the
State of Arizona was not consulted in the matter of this grant
and there is a pressure being applied in the National Institute of
Mental Health to revoke the grant.
Mr. Smith. In other words, on one hand the State told you
that you should seek funds elsewhere, but when you received
direct funding elsewhere the State complained that it had not
been a conduit for those funds ?
Dr. Giles. That's correct.
Mr. Smith. Aside from financial assistance, have you re-
ceived cooperation from local government in the administra-
tion of your programs?
Dr. Giles. Are you talking about local law enforcement.
Mr. Smith. Yes.
Dr. Giles. Sometimes yes. Sometimes no. If a young person
who is under 18 years of age, commits an offense, most coun-
ties say they are under prior jurisdiction of a tribal court and
refuse to provide any service in the form of either law enforce-
ment or in the form of services available to somebody who has
been convicted of a crime.
In the case of the students that we have who are over 18, it
varies. Sometimes yes. Sometimes no. If a young person is assaul-
tive and a danger to the rest of the students in his population,
we have had difficulty getting law enforcement to protect the
other students in the center. They say it's an internal matter;
they are all tribal referral; it should be handled there.
Mr. Smith. Mr. Tsosie, you stated that — You might not have
stated this, but isn't it true that your program has halfway
houses located throughout the city of Tucson ?
Mr. Tsosie. That's true.
Mr. Smith. What responses have you received from members
152
of the Tucson community in neighborhoods where halfway houses
are located ?
Mr. Tsosie. With one exception we have been received quite
well within the community in which our halfway houses are
located.
Mr. Smith. Do you want to tell us something about that recent
exception ?
Mr. Tsosie. Right. There was a petition signed by members
of the community within which we had hoped to locate one of
our halfway houses, and they went to the zoning committee and
to the city attorney in Tucson trying to keep us out of that
community.
Mr. Smith. Let's turn our subject to another form of correc-
tional facility. Mr. French, in your capacity as prisoner and
parole coordinator for the Indian Development District of Arizona,
you are concerned primarily with Indian adult offenders rather
than juvenile offenders? Isn't that right?
Mr. French. Right, sir.
Mr. Smith. It is my understanding that you served as an in-
mate at the Arizona State Penitentiary at Florence recently.
Is that correct?
Mr. French. I served — I didn't quite get that.
Mr. Smith. It's my understanding that you personally served
as an inmate at the Arizona State Penitentiary. Is that correct?
Mr. French. Yes.
Mr. Smith. What, in your estimation, from your personal
experiences and from talking to other people, are the principal
problem areas for the Indian prisoners in the Arizona State
prison system?
Mr. French. Well, it's mainly the medical. They don't have
doctors there who would see the inmates that need medical
aid. That's for one.
And they need an Indian counselor which they don't have.
And there are 40 Indian inmates there at the State prison
now, and, up to date, there are at least 12 of them that will be
going up before the parole board within the next 2 or 3 months,
and as far as I know they don't have any parole plan to present
to the board, and so in this way they need a counselor there to
find out just what the inmates want to do when they get out,
whether they want to go into a training or go into direct
employment. And there are a lot of services available to the
offender and exoffenders which the inmates don't know about, so
this is why they need a counselor.
Mr. Smith. Without such a counselor is it your opinion that
Indians are at a severe disadvantage before parole boards?
Mr. French. Yes, I would —
Mr. Smith. Are there any other functions, in your estimation,
153
that counselors could serve? You mention that they could talk
about programs that are available to exoffenders. What other
kinds of functions could counselors serve?
Mr. French. Well, they could talk over personal problems,
and to their jobs, training problems. There are a few that are
available now which the inmate would want to get into, but
being an Indian and not knowing how to go about getting into
these programs, well, he's just left behind.
Mr. Smith. Are Federal BIA services or programs available
to Indian inmates ?
Mr. French. Not when I was there. And as far as I know
there isn't any.
Mr. Smith. Do you see a need for that kind of thrust for the
BIA's programs?
Mr. French. Sir?
Mr. Smith. Do you see a function that BIA programs could
serve in this regard ?
Mr. French. Yes.
Mr. Smith. I have no further questions.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. No questions.
Commissioner Freeman. Mr. Buggs?
Mr. Buggs. Dr. Giles, did I understand you to say that
Indian young people who have committed some kind of oifense
are not accepted at the State industrial school because they or
their parents don't pay taxes ?
Dr. Giles. Indirectly it's saying the same thing. It's saying
that if an Indian young person commits an offense on reservation
he's not entitled to the services of the State Department of
Correction, be as they may. It may be a blessing that they are
not entitled to this. But, at any rate, the State excludes Indian
people who commit offenses on reservation from the State
industrial school unless that reservation has a contract with the
State industrial school to pay for it.
Mr. Buggs. What about the State prison for adults?
Dr. Giles. Mr. French could probably speak to that better than
I could.
Mr. Buggs. If an Indian commits an offense on a reservation,
will he go to the State prison ?
Mr. French. No, sir. He's sent to the Federal.
Mr. Buggs. He will go to the Federal prison?
Mr. French. Yes, sir.
Mr. Buggs. It has to be committed off the reservation to go to
a State prison ?
Mr. French. Right, sir.
Mr. Buggs. I see. No further questions.
154
Commissioner Freeman. Thank you, gentlemen. The witnesses
are excused.
This hearing will now adjourn until 9:00 a.m., tomorrow
morning, 9:00 a.m. Saturday morning.
(Whereupon, at 9:13 p.m., the hearing was recessed, to be
reconvened at 9: 00 a.m., Saturday, November 18, 1972.)
155
United States Commission
on Civil Rights
Phoenix Indian School
Phoenix, Arizona
Saturday, November 18, 1972
The United States Commission on Civil Rights reconvened,
pursuant to recess, at 9:00 a.m., Frankie M. Freeman, Com-
missioner, presiding.
PRESENT: Frankie M. Freeman, Commissioner; Manuel Ruiz,
Commissioner; John A. Buggs, Staff Director; John D. Powell,
Jr., General Counsel; M. R. Smith, Assistant General Counsel;
Joe C. Muskrat, Regional Director ; Jerry Muskrat, Staff Attorney.
PROCEEDINGS
Commissioner Freeman. Good morning.
This hearing is called to order.
We would like to call as our first witness this morning, and the
final witness on the subject of administration of justice, the
Honorable William Rhodes, Chief Judge, Gila River Pima-Mari-
copa Indian Community.
Will the witness remain standing?
(Whereupon, Honorable William Rhodes was sworn by Com-
missioner Freeman and testified as follows: )
Judge Rhodes. I have with me my legal aid man, Rod Lewis.
Commissioner Freeman. Mr. Lewis, will you be giving any
testimony or making any statement?
Mr. Lewis. Yes.
Commissioner Freeman. If so, then, will you be sworn?
(Whereupon, Mr. Rod Lewis was sworn by Commissioner
Freeman and testified as follows: )
TESTIMONY OF HONORABLE WILLIAM RHODES, CHIEF JUDGE,
GILA RIVER PIMA-MARICOPA INDIAN COMMUNITY,
ACCOMPANIED BY MR. ROD LEWIS, ATTORNEY
Commissioner Freeman. You may be seated.
Mr. Powell. Would you each please state your name, address,
and position for the record? Also give us your tribal affiliation.
Judge Rhodes. I am William Rhodes, Chief Judge for the
Gila River Indian Community. This is the Pima tribe.
Mr. Lewis. My name is Rod Lewis. I'm a Pima-Mojave. I'm
an attorney working with the Gila River legal service, Sacaton,
Arizona.
156
Mr. Powell. You both live on the Gila River reservation?
Judge Rhodes. Yes.
Mr. Powell. Judge Rhodes, how long have you served as judge,
and what did you do before that?
Judge Rhodes. I have been Chief Judge for 2 years and 9
months. Prior to that time I worked with the council as an adviser
to the council, and before that the Maricopa County sheriff's
office. And prior to the sheriff's office, the Bureau of Indian Affairs
police and tribal police.
Mr. Powell. Judge Rhodes, would you briefly describe for us
the law and order system on your reservation?
Judge Rhodes. Our law and order system is set up primarily
from the Code of Federal Regulations. However, it is a tribal
court. It's not a federally-funded court. Our judges are paid by
the Pima tribe. And we do have jurisdiction over criminal mis-
demeanors. The major crimes are, as you know, handled by the
FBI.
Mr. Powell. How much does effective administration of jus-
tice on your reservation depend on cooperation from outside law
enforcement officials ?
Judge Rhodes. Quite a bit. Because of the closeness of the
surrounding communities and the relationship that we have with
the communities, landwise particularly. The communities sur-
rounding the Gila River, which is a very small area in Arizona,
are growing so fast and large that they are pushing into the
reservations, creating problems such as trespass and other
things, resulting in a need to have a good working relationship
with the outside agencies. Police agencies, I'm referring to.
Mr. Powell. Do you have jurisdiction, for example, over non-
Indians who commit offenses on your reservation ?
Judge Rhodes. Yes. Recently, within the past year and a
half, the Pima tribe saw fit to initiate an ordinance on implied
consent, and this ordinance was a result of some of the things I
have just mentioned such as trespassing, the unauthorized re-
moval of sand, gravel, cactus, wood, numerous other things;
unauthorized hunting, target practicing, sand buggies, tote goats,
just all types of trespass without permission on the reservations.
In an effort to curb some of these violations which were
occurring, after several meetings with some of the surrounding
police agencies and the Federal Court, we were unable to get
any satisfaction, so, taking the problem to the council, the
council saw fit to initiate this implied consent ordinance.
Prior to the time that the council had certified the ordinance,
the court saw fit to assert jurisdiction in certain cases, and since
that time, a year and a half ago, we have been asserting, and
after the implied consent ordinance was passed — became policy
157
rather in Washington — we do have jurisdiction over non-Indians
in our tribal court at present.
Mr. Powell. You mentioned implied consent. I take it that has
something to do with a doctrine that non-Indians who knowingly
come onto the reservation to do things like taking minerals or
doing business are presumed to have consented to the exercise
of jurisdiction by the tribal courts over them in connection with
their presence and their activity on the reservation. Is that the
doctrine ?
Judge Rhodes. Yes. Now, the implied consent ordinance was
not signed by any particular person in Washington. The Secre-
tary of Interior —
Mr. Powell. Let me ask you a question on that. The Depart-
ment of Interior normally provides legal assistance to tribes tak-
ing important steps such as this, does it not?
Judge Rhodes. Yes.
Mr. Powell. What assistance did they provide in this case —
this effort to exercise jurisdiction over non-Indians?
Judge Rhodes. None, except to allow the ordinance to lie on
the desk. There's a 60-day period in which if the Secretary of
the Interior doesn't act on a particular ordinance, then that
ordinance becomes policy.
Mr. Powell. You made a request of the Solicitor of the
Department of Interior and of the Secretary of the Interior in
connection with this? Is that correct?
Judge Rhodes. Yes.
Mr. Powell. And did they take a position? Did they take a
position one way or the other as to whether they would have
such jurisdiction and they would support you or not? Or did they
take no position, a noncommittal position?
Judge Rhodes. It's a noncommittal position. They did see fit
to allow it to become policy by leaving it the 60-day period.
However, they didn't see fit to back the tribe. They left the
ordinance — the ordinance was allowed to become policy — with-
out any committal from the side of the Department.
Mr. Powell. Mr. Lewis, did you want to say anything on that?
You're a legal adviser? Do you have any comments on it?
Mr. Lewis. No, I don't.
Mr. Powell. Don't you have some very serious problems with
respect to enforcing such an ordinance? Let's assume the non-
Indian comes onto your reservation and commits an act which
is in violation of your law. He then is able to remove himself from
the reservation. You then have the problem of effecting an arrest
over the person of that violator, do you not?
Judge Rhodes. Yes.
Mr. Powell. In order to effect such an arrest, wouldn't you
158
require the assistance of either local law enforcement officials or
Federal law enforcement officials?
Judge Rhodes. Yes.
Mr. Powell. And in the absence of an agreement on the part
of such officials to recognize your processes, aren't you left with-
out the ability to exercise effective jurisdiction over the persons
of non-Indians ?
Judge Rhodes. This may have been the case prior to, I believe,
it was April 12 of this year when one of the State Senators saw
fit — Well, going beyond that point, we had a problem where one
of our cases was dismissed by a local J.P. because, number one, the
officer supposedly at that time wasn't recognized by the State of
Arizona as an officer.
Mr. Powell. You're talking about one of your local —
Judge Rhodes. Tribal police officers.
Mr. Powell. This was in connection with an offense on the
reservation ?
Judge Rhodes. Yes.
Mr. Powell. Before a State justice of the peace?
Judge Rhodes. Yes.
Mr. Powell. I see. And what happened?
Judge Rhodes. Well, prior to the arrest, the surrounding J.P.'s
would normally hear cases where our officers, the Indian officers,
would cite a non-Indian on the reservation into a justice court off
the reservation. But the one time that a defendant challenged
the jurisdiction of the officer, the court immediately backed
down and dismissed the case on the grounds that the officer
supposedly wasn't recognized by the State as an officer. He didn't
have jurisdiction.
However, he did, in my sense of seeing things — he did have
jurisdiction when the offense was committed on the reservation.
However, when he transported the defendant to the county jail
and the justice court, he may have lost jurisdiction there. That
was never really decided.
At that time is when the tribe began to assert jurisdiction
because of the lack of recognition, number one, by the State that
tribal officers, Federal officers, were recognized as policemen by
the State.
And through the help of one of the State Senators, as of April
12 of this year I believe it was, all tribal officers and Federal
BIA officers are recognized now by the State as officers.
So through that recognition we have gained a better working
relationship with the surrounding police agencies and are able
to get our warrants, tribal warrants, served on non-Indians off
the reservation.
And, likewise, the non-Indian courts that need to have a de-
fendant on the reservation must present a warrant with good
159
cause to the court, and in turn the court would issue a warrant
for the apprehension and the turnover of the defendant to the
other agency also.
Mr. Powell. Very good.
Judge Rhodes, what about the area of felony criminal jurisdic-
tion where the Federal Government has responsibility under
Federal law ? What has been its record in exercising this function ?
Judge Rhodes. I would say, frankly, very bad. The cases that
— Numerous cases, felony cases, that we have had, cases that
are severe in the sense that people get shot, in some cases killed,
beaten up, mugged, robbed, raped — The Federal courts — I don't
know why. It seems to be the attitude — and this is my own personal
feeling from observing — that, you know, there's just a little
sense of, you know, "Well, let them kill themselves off. They're
just Indians."
Mr. Powell. Since you don't have jurisdiction over these
major felonies, unless the Federal Government exercises jurisdic-
tion, then nobody does? Is that it?
Judge Rhodes. That's right.
Mr. Powell. What impact does that have on the law-abiding
character of the people on your reservation ?
Judge Rhodes. It has caused feuds. We have feuds that are
still going now between families where — Just for instance, an
example: A couple of men got in a fight about 4 years ago. One
went home. The other followed about an hour later, and he carried
a shotgun over there and shot the man in the stomach, killed
him.
The assailant was kept in — taken to jail, allowed on bond out
on his OR —
Mr. Powell. By Federal officials?
Judge Rhodes. Yes. He was allowed out on bond, and this case
was continued and continued and continued for about a period of
1 year, and finally the man went to court and got 1 year's proba-
tion— for murder.
Mr. Powell. Judge Rhodes, I wonder, would you provide us
with a record of the kinds of incidents that you're now describ-
ing? And we will undertake to be in touch with the Department
of Justice to get a statement from them, not only regarding your
situation, but their policy with respect to the need to enforce the
law on reservations.
Judge Rhodes. Yes, I can get this together. I will need the
help of my police department there on the Gila River to get the
information together.
Mr. Powell. With the permission of the Staff Director, I
will undertake to send one of my people down here to be in
consultation with you regarding this.
Judge Rhodes. Yes.
160
Mr. Powell. Mr. Staff Director?
Mr. Lewis. Excuse me. May I add something here?
Mr. Powell. Yes.
Mr. Lewis. I was just going to point out I think it's very
important — and I'm not exactly sure what your function is —
Mr. Powell. I'm sorry. Would you start again?
Mr. Lewis. I'm not exactly sure what your function is, or
your role in this matter, but I think it's very important that you
be aware of this jurisdictional maze which at least Indian tribes
in Arizona are faced with.
I think it's apparent that there are three sovereign powers
here exercising criminal jurisdiction — that is, the Indian tribes,
the tribal government in our case, the Gila River Indian com-
munity, the State of Arizona, and the Federal Government.
And as you can see, there's much cause for some overlap.
But I think the case has been that the State of Arizona and,
well, especially the Federal Government, has shirked its re-
sponsibility in enforcing criminal laws at both ends of the scale,
as Judge Rhodes pointed out, in the area of major crimes and
also in the area of lesser crimes over which many people
have asserted that tribes do not have jurisdiction.
And this is, I guess, the main reason why the tribe has
asserted jurisdiction over non-Indians, and I think this requires
— this may require — some Congressional action but also will re-
quire some cooperation, some administrative cooperation, and
agreements between the sovereign powers.
And this is something I think which the Civil Rights Com-
mittee can look toward or help in settling or pointing out, at
least raising the issues or the problems.
Mr. Powell. We understand that yours is only one of two
tribes in the entire country that attempted to assert jurisdiction
over non-Indians. Is that correct?
Mr. Lewis. That's true.
Mr. Powell. Well, it seems clear from what I know of this
that certainly tribes have jurisdiction over Indians who commit
crimes on reservations. It's certainly far from clear the extent
to which tribes can exercise jurisdiction over non-Indians, isn't
it? You're doing that, but you indicated the need for congres-
sional action.
Mr. Lewis. Well, I say that simply to clarify the situation
and, you know, pinpoint the responsibility. In my mind there is
no doubt that the Indian tribes do have jurisdiction over non-
Indians.
Mr. Powell. I see. With respect to crimes committed by
Indians on reservations, crimes which require imprisonment,
where do such Indian offenders — Where are they incarcerated?
161
It's my understanding that such offenders are incarcerated in
Federal prison. Is that correct? You have no such facilities?
Judge Rhodes. Are you referring to major crimes?
Mr. Powell. Well, does it matter?
Judge Rhodes. Yes.
Mr. Powell. It does? In other words, you have a tribal jail
for offenses which are not —
Judge Rhodes. Misdemeanor offenses.
Mr. Powell. But for major crimes they would go in Federal
prisons?
Judge Rhodes. Federal or State court.
Mr. Powell. What about non-Indian offenders ? What would be
done with non-Indian offenders who violate your law?
Judge Rhodes. Misdemeanor law?
Mr. Powell. Misdemeanor law, yes.
Judge Rhodes. If they are sentenced to jail, according to the
new — to the indigency law now which requires time to pay the
fine or a sentence to jail, they are treated just exactly like
anybody else. They are not any different. The tribal court in
Gila River doesn't distinguish between the people that come be-
fore it.
Mr. Powell. But if the State were exercising jurisdiction
where non-Indians were committing violations on the reserva-
tion, you wouldn't have this problem? Is that correct?
Judge Rhodes. Possibly.
Mr. Powell. Judge Rhodes, does your tribe receive any law
enforcement assistance through the Law Enforcement Assistance
Administration?
Judge Rhodes. Yes, we have received two grants through
LEAA.
Mr. Powell. In applying and competing for such funds, do
you feel that tribes face any particular barriers or disadvantage?
Judge Rhodes. Yes. I feel that we do have a barrier, a big
barrier there because of the fact that we don't have qualified
help for writing of proposals. We have been informed that, "If
you can't write a proposal, let us know and we'll send a man
down there to write it up for you."
Mr. Powell. Who says this to you?
Judge Rhodes. This has been stated by representatives of
LEAA. But I have never seen it yet.
Mr. Powell. Well, as I understand it, in applying for such
funds you have to go through the State and have to be part of a
State plan, do you not?
Judge Rhodes. Yes.
Mr. Powell. Does the State give you any particular priority
as opposed to other municipalities within the State?
Judge Rhodes. No.
162
Mr. Powell. Are you put at a disadvantage vis-a-vis such
other applicants within the State?
Judge Rhodes. I think that we are. Because the tribes are
not represented. I'm on one board, the Police-Community Re-
lations Board. However, that's only one of the areas that LEAA
funds.
Mr. Powell. Then, would you say that if tribes are to get a
fair shake that either they ought to be given separate funding
under LEAA or, if they are going to have to be put through
State plans, that guidelines ought to be perfected so that in
reviewing State plans the Indian component of such State plans
would receive particular attention by the State and that atten-
tion would be reviewed by the funding agency?
Judge Rhodes. I would say so.
Mr. Powell. Judge Rhodes, as a tribal judge and a past
deputy sheriff, do you have any observations to share with us
regarding the quality of treatment Indians receive from the
justice systems of border towns surrounding your reservation?
Judge Rhodes. Yes, I have observed and been asked by
several of the people on the Gila River why they receive such
harassment from, say, one of the sheriff's departments. And it
doesn't seem to be the department as a whole. It's particular
individuals who work for the sheriff's office, one of the sheriff's
offices.
For instance, every time a carload of Indians goes by, the
deputy will find or see fit for whatever reasons to stop this car
and get the people out, shake them down, go through the car,
look under the seats, harass them, make smart aleck remarks
toward the people, and then threaten that if they don't shut up
or if they attempt to talk back or ask, "Why are we being
stopped?" or, you know, "What was your reason for stopping
us?" — "Shut up, or you're going to end up in the back of the
wagon." You know. This kind of stuff.
This is particularly bad in the west end of our reservation.
And I don't want to name any names, but I do know of a couple
of deputies that I have — probably in the near future will write
letters to the department, sheriff's office in that particular area,
on, if this harassment continues.
The east end of the reservation hasn't been so bad. We don't
receive that type of harassment from that particular area up
there. But this one area is real bad in that.
Mr. Powell. If you have problems with that, if you would
provide in writing the discussion of those, naming those sheriffs
in writing, subsequently, and what the activities are, we might
be of assistance.
What about the treatment of Indians with respect to offenses
committed ? Are they treated in the same way under State courts
163
as non-Indians in terms of fines and sentencing? Are they more
likely to be arrested for offenses than non-Indians? Or do you
have a view on that?
Judge Rhodes. Oh, yes. Yes. I have always noticed this. And
it's outstanding in any State, particularly Arizona, where if you
have five men pass down on the ground and there's one Indian
among them, that's the guy they're going to pick up. I have
seen this with my own eyes.
Mr. Powell. They're more likely to be arrested for intoxica-
tion than non-Indians?
Judge Rhodes. Oh, yes.
Mr. Powell. One last request, Judge Rhodes. You mentioned
two LEAA grants. If you would describe those grants to us in
writing subsequent to this hearing, we would appreciate it. All
right?
Judge Rhodes. The first grant we received was for $50,000,
and that was money to be used to get four cars for the depart-
ment, which there has been a lack of BIA supposedly to supply
cars, equipment. However, there has been a lack of equipment
for the police officers. We did get four cars with that money,
fully-equipped. We have radar and Bascar units in two of the
cars, two units of the same type in each.
We got stretchers.
We have a new radio system which we will be — should be —
complete this month which will put the Gila River police under
their own frequency. However, we will maintain two radios
which will be in contact with the State frequency.
The other grant was a criminal code revision grant which
is about 60 percent complete at this time. And in that criminal
code, the revision, we are attempting to keep in touch with the
State Attorney here and keep it as close as possible to the
working relationship that the State Code has so that, if there
ever is a change, there wouldn't have to be that much change
made to our revised code.
Mr. Powell. How large is your reservation? How many peo-
ple reside thereon?
Judge Rhodes. We have between 6,500 and 7,000.
Mr. Powell. And how large in land —
Judge Rhodes. Sixty-five miles long and 20 miles at the
widest point.
Mr. Powell. That's as large as most cities.
I have no further questions, Madam Chairman.
Commissioner Freeman. Judge Rhodes, I would first like to
commend you for asserting the jurisdiction of your court, of the
tribal court, over the offenses committed by non-Indians. How-
ever, it seems to me that the question is very serious because
164
the State of Arizona cannot be absolved from responsibility in
this.
There is a very basic provision under our Constitution that no
State shall deny to any person within its jurisdiction the equal
protection of the laws.
And the situation that has been described this morning in-
dicates that the State of Arizona is in violation of the Constitu-
tion with respect to administration of justice. And certainly this
Commission has the responsibility to pursue this.
I was pleased that our general counsel did not wait for the
Commission to at least request that the staff check further into
this and get the facts.
Judge Rhodes. Probably the biggest reason for this — You
know, it's like a big kid — all these violators that come out on
the reservation. We had attempted to work with the city police,
the county police, hoping that they would give us the backing
that they should. However, every time there was a call on a
non-Indian who might be violating the law in one way or
another on the reservation, it was always the type of discipline
that you might give a little kid. You know, slap him on the
hand and tell him, "Don't do this again."
We could never get any backing out of the courts, say a stiff
fine and say, "You cannot do this and expect to get away with
it." We want some respect too. It's our land. They've pushed us
into these little pockets. We're there, and that's the last we have.
Now, we welcome anybody, everybody, to our reservation.
However, we want them to afford us the same respect that they
afford their people when they're off reservation.
Commissioner Freeman. That's the only way it can be.
Judge Rhodes. Yes.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. Judge Rhodes, with respect to this roust-
ing that they get, the Indians in trucks, is it done by Federal
officials or State officials ?
Judge Rhodes. I didn't understand you.
Commissioner Ruiz. The rousting, getting them off of their
transportation facilities — the rousting — the inquiries made of
Indians — is it done by State officials or is it done by Federal
officials? You mentioned that on the west side this happens more
often than on the east side of the reservation.
Judge Rhodes. That would be probably county officials.
Commissioner Ruiz. Oh, they are county officials?
Judge Rhodes. Yes.
Commissioner Ruiz. The reason I ask that is: What is the
excuse for doing it? Do they claim that they are illegal aliens
or what are they looking for when they do this, when they stop
and check? What is the excuse that the county uses?
165
Judge Rhodes. There's no excuse really. Just a week ago there
was a family that approached me and asked, "Why is it that
every time we leave the reservation on 51st Avenue that we have
to be stopped by this one particular guy?"
And it seems like everybody in the west end knows this one
particular deputy. He just has — What? Something against the
Indians in that particular area. He never has bothered the non-
Indians.
And I — Originally I'm from the west end. I live in Sacaton
now. But during my time on the west end I never saw this
deputy have a car stopped where there might be non-Indians in
the car. But every time I have personally seen him with a car
stopped it was Indians in the car.
Commissioner Ruiz. Well, you have answered what I was
looking for. In other words, it is the local officers —
Judge Rhodes. Yes.
Commissioner Ruiz. — county officer, that does this.
Now, are there instances where a tribal police officer instead
of taking the non-reservation person to a J. P. takes the person
to the reservation jail?
Judge Rhodes. Yes.
Commissioner Ruiz. And you have facilities there for release
of that person on his own OR ?
Judge Rhodes. Yes.
Commissioner Ruiz. Do you sometimes impose, ask for bail?
Judge Rhodes. A cash bond, yes.
Commissioner Ruiz. And are bail facilities available in the
area for a non-reservation person ?
Judge Rhodes. We don't have a bonding system such as the
outside courts here do. However, the court has set up a bonding
system available to the people, making bonding available to
them.
Commissioner Ruiz. Have you had any particular trouble
with that phase of law enforcement?
Judge Rhodes. None at all.
Commissioner Ruiz. That's all.
Commissioner Freeman. Mr. Buggs?
Mr. Buggs. Judge Rhodes, it was mentioned that we are
dealing with three sovereign powers: The tribal power, the
State, and the Federal Government. Suppose someone wants to
appeal from a decision of your court. To whom does he appeal?
Judge Rhodes. The tribal court provides for a three-judge
panel appeal, and this is their appeal. However, it can, if they
are not satisfied at that level — Then it can end up in district
court.
Mr. Buggs. Federal district court?
Judge Rhodes. Yes.
166
Mr. Buggs. But not to the State court?
Judge Rhodes. No.
Mr. Buggs. Well, if that's so, then, there are at least two
separate and distinct court systems in Arizona. Is that right?
Judge Rhodes. Yes.
Mr. Buggs. The Federal and the State, with the tribal court
being in some way related to the Federal court system. Is that
right?
Judge Rhodes. Yes.
Mr. Buggs. Why, then, do you have to get money through the
State from LEA A funds? Why is it not — have you investigated
as to whether or not, since you do have a totally separate legal
system — whv do you have to get money, LEAA money, through
the State? Why can't it come directly from the Federal Govern-
ment to you ?
Judge Rhodes. I'm not sure. I believe it's the way the govern-
ment, our particular tribal government, is set up. I do know that
there are tribes who have federally-funded judges. However, the
particular tribes that have federally-funded judges, I don't think
are in a position to properly administer justice to the people,
because in these particular situations the judges are only funded
for a minimum time, and in some cases I know of the judges
only hold court on, say, 2 days a week, or 3 days a week, and this,
as I see it right there, is a violation of a person's rights because
he doesn't have the immediate trial that if he wants he can
have.
Mr. Buggs. I wonder if your legal counsel has an opinion
as to whether or not, under the circumstances that your courts
are operating, you should be able to get funds directly from
LEAA rather than through the State.
Mr. Lewis. I think it's kind of difficult to answer that ques-
tion. I think, yes, we should be eligible to receive funds directly
from LEAA as a sovereign power and Indian tribes possessing
the full right to govern themselves, which includes operating
a criminal justice system. And it seems to me it's a failure of
recognition by the State and by the Federal Government of this
fact.
As to whether or not it is possible under existing LEAA
regulations I don't know. Probably not. It seems to me that LEAA
and other Federal programs recently are — The attempt is to
regionalize them, to funnel funds through the States, and as a
result tribes are left out.
I think as Judge Rhodes pointed out this is a bad thing as far
as Indian tribes are concerned. We get a low priority as far as
funds are concerned, and I think we won't fare as well. And I
think it is very desirable for Indian tribes to be funded directly
from the Federal Government.
167
Mr. Buggs. I have no more questions.
Commissioner Freeman. Thank you very much, gentlemen.
You may be excused.
Judge Rhodes. Thank you.
Commissioner Freeman. We will now begin the subject area
of employment, and we will call as our first witness, Mr. Ernest
Gerlach, a Commission staff member, who will give a brief
summary of an Indian employment staff paper.
Will you be sworn?
(Whereupon, Mr. Ernest Gerlach was sworn by Commissioner
Freeman and testified as follows: )
TESTIMONY OF MR. ERNEST GERLACH, STAFF MEMBER, U.S.
COMMISSION ON CIVIL RIGHTS
Commissioner Freeman. Will you present the summary of
your staff paper?
Mr. Gerlach. The Bureau of Indian Affairs estimated that in
1972 approximately 38,400 American Indians living on reserva-
tions in Arizona were of working age, or in the labor force. Of
this total, 15,520, or approximately 40 percent, were classified
by the BIA as being unemployed. In contrast, the unemploy-
ment rate for the entire State was reported to be 4.1 percent in
1971.
Not only do American Indians in Arizona have very high un-
employment rates, a significant number were reported to have
only temporary or seasonal employment. For example, the BIA
estimated that about 20 percent of the Indian labor force on
reservations in Arizona were employed on a temporary or periodic
basis.
For a large number of American Indians in Arizona, govern-
ment and related services provides most of the employment on
the reservation. This employment is provided mainly by the
Federal Government. Tribal governments also provide a substan-
tial employment base.
In a special study conducted jointly by Arizona State Univer-
sity and the Arizona State Employment Service in 1969, it was
reported that tribal employment is significant on many res-
ervations in the State.
It was also reported in a separate study entitled the Navajo
Manpotver Survey that the Navajo tribe employs about 5,450
persons, nearly 45 percent of all those employed on the res-
ervations. More significantly, 65.8 percent of all the wage and
salary workers on the reservation are employed by the tribal
government. On the other hand, very few Indians are employed
in either the State government or in municipal governments in
Arizona.
Employment in the other sectors, such as agriculture, con-
168
struction, manufacturing, transportation, communications,
wholesale and retail trade is limited. However, on some reserva-
tions, especially on the Navajo and Fort Apache reservations,
employment in manufacturing is significant, although small in
relation to the total reservation population.
In 1971, Indians comprised about 15 percent of all the Federal
jobs in Arizona. However, a large percentage of these Indian
employees were concentrated in the lower grade and wage board
levels. For example, while Indians made up 17.9 percent of all
the Federal employees in the general schedule (GS) pay system
in Arizona, 54.8 percent of these employees were in grades GS-1
through 8.
Similarly, Indians constituted 20.0 percent of all the wage
board workers in Arizona, but 40.7 percent of all the Indian
regular nonsupervisory employees, 68.0 percent of the Indian
regular wage employees, and 19.9 percent of all the Indian reg-
ular supervisory employees were concentrated in wage levels 1
through 3. Over 50 percent of all Indians in other wage systems
were earning below $7,000 annually.
The largest Federal employer of Indians in Arizona is the
Bureau of Indian Affairs. In 1971, the BIA employed a total of
2,829 employees in the GS pay system and 1,112 in the wage
board system. Of this total, American Indians constituted about
60.6 percent of all GS employees and 85 percent of all wage
board employees.
Although Indians comprised the majority of all GS and wage
board personnel employed by the BIA, most of these Indian
employees were again concentrated in the lower grade and wage
board categories. For example, in Arizona, American Indians
comprised 81.2 percent of all the GS personnel employed in
grades 1 through 8, while Anglo personnel made up only 7.3
percent of the GS employment in these grades. On the other
hand, Indians were only 23.6 percent of all employees in grades
GS-11 through 15, while Anglos constituted over 70 percent of
all employees in these grades.
In 1971 slightly over 85 percent of all wage board workers
employed by the BIA in Arizona were American Indians, and
only 12.5 percent were identified as Anglo. However, approxi-
mately 60 percent of all the Indian wage board employees earned
less than $9,000 a year. At the same time, only 9.3 percent of
the white wage board employees earned less than $9,000 an-
nually. Conversely, over 90 percent of all the white wage board
employees earned more than $9,000 a year, whereas only 39
percent of all the Indian wage board workers made more than
that amount.
The same grade level distribution also appears to exist for the
Phoenix Area Office of the BIA. One thousand two hundred and
169
eighteen GS employees were employed by the Phoenix Area
Office in 1972. Approximately 51 percent of all these GS em-
ployees were American Indians. However, almost 70 percent of
these Indian employees were in grades GS-1 through 5, whereas
only 16 percent of all the non-Indian GS personnel were in
these grades. The majority of the Indian employees were in
grades GS-3, 4, and 5, whereas most of the non-Indian GS
employees were concentrated in grades GS-9 and 11.
In terms of wage board employment, 332 American Indians
and 127 non-Indians were employed as blue-collar workers in
the Phoenix Area Office. Over 51 percent of all Indian wage board
employees earned less than $9,000 annually, while only 13.3 per-
cent of the non-Indian employees made less than this wage. On
the other hand, over 86 percent of all the non-Indian wage
board employees earned more than $9,000 a year, and only 52
percent of the Indian wage board workers made more than this
amount.
In relation to other Federal agencies having staff in Arizona,
the number of Indians employed is very small. For example,
the Post Office Department employed 5,093 persons in 1971; of
this total only 34 were identified as American Indians.
The Treasury Department maintained a staff of 499 persons in
the State ; only one employee was an American Indian.
The Justice Department employed over 500 persons; yet only
one was Indian.
The Department of Agriculture employed only 69 American
Indians out of a total employment of 1,415.
The Department of Transportation employed about 360 persons ;
again there was only one Indian.
The Department of Housing and Urban Development em-
ployed only one Indian out of a total employment of 136.
The State government in Arizona also employs few American
Indians. According to the Arizona Civil Rights Commission,
American Indians constituted only 1.6 percent of the total State
employment in 1971. Overall, there were only 418 Indian State
employees out of a total employment of 26,918.
Over 80 percent of all Indians employed by the State were
concentrated in six agencies. Arizona State University employed
49 American Indians out of a total employment of 5,145.
The State Education Department employed 58 American In-
dians out of 403 employees.
The Employment Security Commission employed approximately
950 persons ; only 48 were Indian.
The Highway Department in 1971 employed over 4,250 per-
sons ; only 74 were American Indian.
Northern Arizona University employed about 932 persons; 41
were Indian.
170
The University of Arizona employed a total of 6,890 persons;
69 were Indian.
The Welfare Department employed 958 persons ; 31 were Indian.
Of the 98 separate governmental agencies constituting the
State government, 72 agencies and related boards did not have
any Indians employed at all.
Of the 418 Indians employed by the various State agencies,
264 or 63.1 percent were located in white-collar or skilled jobs,
while 154 or 36.9 percent were employed in low-skilled occupa-
tions. However, compared with the total State employment,
American Indians made up only 1.2 percent of all the State
employees in the white-collar jobs and 2.8 percent of all the
State employees in the blue-collar occupations.
The employment of Indians in local and municipal govern-
ments in Arizona appears to be minimal. In Phoenix, only 49
American Indians were reported to be employed out of a total
municipal employment of 5,020 in 1971. Over 60 percent of all
Indians employed by the city were in the Water and Sewers
Department. More than half were classified as semi-skilled opera-
tives, two were classified as unskilled laborers, and five were
identified as skilled laborers.
In Tucson, Indians represent less than 1 percent of the total
municipal employment.
Indians also represent a very small proportion of the total
employment in school districts throughout Arizona. Of the
37,722 certified and non-certified school employees reported in
various categories, only 791, or approximately 2.1 percent, were
Indians.
In addition, American Indians represented only 3.8 percent of
all the non-certified employees in various categories.
More important, Indians constituted less than 1 percent of all
the certified teachers and approximately 1.5 percent of all the
guidance counselors.
The majority of Indian school employees were located in four
counties — Apache, Coconino, Gila, and Navajo. Even in these
counties, Indian employees were only a small proportion of all
school employees.
Over 70 percent of the population in Apache County is Indian,
yet Indians are only 28 percent of the total school employment
in that county.
In Navajo County, Indians are 48 percent of the population,
yet only 14.6 percent of all the school employees are Indian.
In Coconino County, almost 25 percent of the population is
Indian, but only 14 percent of all the school employees in that
county are Indians.
Similarly, in Gila County, Indians are 8.3 percent of all the
171
school employees in the county, yet they constituted over 15
percent of the county's population.
In terms of the number of teachers employed in these counties,
the situation is very similar. In Apache County, 67.1 percent of
all the pupils enrolled in public schools were Indian, yet there
were only 15 Indian teachers out of a total of 313.
Navajo County had 2,798 Indian pupils attending public schools,
yet only 7 teachers out of 422 were Indians.
About 23 percent of the total school enrollment in Coconino
County were Indians, yet only 2.3 percent of the teachers were
Indian.
In Gila County, almost 15 percent of the student enrollment
in the public schools were Indians, but less than 1 percent of all
the teachers were Indians.
In relation to private employment, very few American Indians
are in the labor force off the reservation. According to the
Equal Employment Opportunity Commission, in 1970 approxi-
mately 3,152 Indians out of a total surveyed labor force of
196,899 were employed in 982 business units. Overall, Indians
comprised about 1.6 percent of the surveyed labor force.
A large proportion of this Indian labor force was employed
in occupations of low economic status. For example, in Arizona
the number of Indians employed in low-paying and low-skilled
jobs was 2,262, or approximately 72 percent of all Indians em-
ployed in private businesses.
In a special survey of Indian employment in Phoenix, it was
noted that a significant portion of all of the Indian labor force
was employed in low-skilled occupations. For example, 47 com-
panies were surveyed in Phoenix having a total employment of
36,576 persons in 1971. Minorities, including American Indians,
made up approximately 16 percent of the surveyed labor force.
However, American Indians comprised less than 1 percent of
the minority employment and less than 1 percent of the entire
employment in these 47 companies.
Two basic conclusions can be derived from the data:
First, American Indians constitute only a very small part of
the off-reservation labor force.
Second, those Indians that are employed in off-reservation
jobs tend to be concentrated in low-skilled and low-paying oc-
cupations.
Commissioner Freeman. Mr. Gerlach, first, I think that it's
an understatement to say that that's a rather bleak and dreary
picture.
But on behalf of the Commission I would like to make two
requests.
We ask that as that report relates to State employment that a
copy of it be transmitted today to the Governor and any ap-
172
propriate State officials for their comments and that as to that
portion of the report relating to private employment that a copy
of it be transmitted immediately to the Equal Employment
Opportunity Commission for their comments — that report itself.
Mr. Gerlach. Yes.
Commissioner Freeman. Thank you. You may be excused.
Mr. Powell. Mr. Gerlach, do you remember what is the
Indian percentage of the Arizona population? It's about 5.4 per-
cent?
Mr. Gerlach. 5.4 percent as of 1970.
Commissioner Freeman. Thank you. You may be excused,
with the understanding that the staff will follow through on the
request.
Mr. Gerlach. Yes.
Commissioner Freeman. The first witnesses are Sonya Shep-
herd and Tony Escalante.
Will you remain standing and be sworn ?
(Whereupon, Mr. Sonya Shepherd and Mr. Tony Escalante
were sworn by Commissioner Freeman and testified as follows: )
TESTIMONY OF MR. SONYA SHEPHERD, PROJECT MANAGER,
PAPAGO MINING INSTITUTE, AND MR. TONY ESCALANTE, LABOR
COORDINATOR FOR THE PAPAGO TRIBE
Commissioner Freeman. Thank you. You may be seated.
Mr. Powell.
Mr. Powell. Beginning with the gentleman on my left, would
you each please state your name, address, and occupation for the
record?
Mr. Shepherd. My name is Sonya Shepherd. My residence is
1178 Delano Drive, Casa Grande, Arizona. My occupation is a
project director for a training program.
Mr. Powell. Mr. Escalante?
Mr. Escalante. My name is Tony Escalante. I'm a tribal labor
coordinator, Papago tribe, and I live in Sacaton, Arizona.
Mr. Powell. Mr. Escalante, you mentioned that you are a
labor coordinator. What are your responsibilities as labor coor-
dinator for your tribe ? What do you do ?
Mr. Escalante. I do the hiring for the mines on the reserva-
tion, and I also help in problems on the job.
Mr. Powell. You do the hiring for mines, you say?
Mr. Escalante. Yes.
Mr. Powell. Mr. Escalante, we understand that the unem-
ployment is very high on many of the reservations. What is the
unemployment rate on your reservation ?
Mr. Escalante. It's about 60 percent.
Mr. Powell. Sixty percent?
Mr. Escalante. Yes.
173
Mr. Powell. What kinds of jobs are available to Indians on
your reservation ?
Mr. Escalante. Well, we have mining, construction. We have
the tribal council and Bureau of Indian Affairs, Papago Utility,
Kitt Peak Observatory, and the Public Health and the Papago Ex-
plosives Company.
Mr. Powell. Is there road construction on your reservation?
Housing construction ?
Mr. Escalante. Sometimes, yes.
Mr. Powell. Mr. Escalante, what are some of the problems
that Indians on reservations face in getting meaningful em-
ployment? Do they have difficulty in getting jobs?
Mr. Escalante. Lack of education and transportation, expe-
rience or training, and alcoholism. They're not dependable.
Mr. Powell. I see. The view that they are not dependable?
Mr. Escalante. Yes.
Mr. Powell. Mr. Shepherd, would you care to comment on
that? The location of the reservation, geographical isolation?
Mr. Shepherd. Certainly. The reservation is a large reserva-
tion. It comprises almost 3 million acres, approximately 4,500
square miles. The population of the reservation is quite scattered.
Small villages dot the entire reservation.
Mr. Powell. Are there roads ?
Mr. Shepherd. There are only two roads, two paved roads,
one running east and west across the center of the reservation,
approximately the center, which is a State road, and then BIA
has intersected that road at approximately in the middle of the
reservation running directly north to Casa Grande.
Now, there's approximately 650 miles of roads in this 4,500
square mile area. Most of those, approximately 60 percent of
those roads, are unpassable much of the time. They are anything
from trails up to fairly well-graded roads. The transportation
problem is very tough especially for the villages or the Indians
living in the villages in the outer areas. In the first place, they
don't have many automobiles out there. In the second place,
there's no public transportation whatsoever. So only those that
live near the activity that hires can really go to work.
Mr. Powell. What about telephone service, electrical service?
Mr. Shepherd. I think there's probably between 60 and 70
telephones on the reservation. Only, there are fewer than 20 of
those outside the city or the village of Sells which is kind of the
capital of the reservation.
Mr. Powell. Thank you.
Mr. Escalante, we understand you have approached private
construction contractors employing few or no Indians to ask them
to hire more Indians. Is that correct?
Mr. Escalante. That's right.
174
Mr. Powell. What kind of response have you received ?
Mr. Escalante. They told me they brought in their own people
from California and they told me, well, if anybody wanted a job
they could come over and get an application and fill it out. Only
one Indian went up there and got a job now.
Mr. Powell. We understand that you and Mr. Shepherd par-
ticipated in the preparation of a survey of employment oppor-
tunities available for Indians on or near the reservation. Did
you not ?
Mr. Escalante. Yes, sir.
Mr. Powell. Would you please tell us what that survey —
about the findings of that survey regarding the filling of posi-
tions by Papagos?
Mr. Escalante. When we found that there were a lot of
young people and even older people and middle aged that want
to work, that want to be trained. And we find at least maybe 40
percent, 47 percent, want to go in the training program. And
we got all those names and everything else like that. Shepherd can
tell you.
Mr. Powell. Mr. Shepherd, do you want to comment for us?
Mr. Shepherd. Yes. We made two surveys, one in the mining
industry, because the mining industry should have a large im-
pact on the Papago reservation inasmuch as it kind of surrounds
the reservation. Secondly was the towns immediately off the
reservation like Casa Grande and Gila Bend and Buckeye. Very
few Indians work in the towns or cities right off the reservation.
For instance, Buckeye, which is almost contiguous with the res-
ervation, and about four or five different companies that we
surveyed didn't have one single Indian.
Gila Bend is perhaps the best area for employment, the Gila
Bend-Ajo area.
Casa Grande, there were very few Indians — It's 10 miles
from Casa Grande to the reservation, yet there are very few
Indians employed in Casa Grande.
Mr. Powell. We understand there are about 2,500 jobs close
to the reservation in communities where Indians trade. Does
that sound —
Mr. Shepherd. Those are the terms that I have just de-
scribed.
Mr. Powell. And only 60 Indians are employed in those 2,500
jobs?
Mr. Shepherd. That is correct. Those are the 2,500 jobs of
the industries that we surveyed. We didn't survey every employ-
ment activity.
Mr. Powell. Breaking down some of those statistics in Buck-
eye, for example, the number of employees, including Indian
employees, are as follows:
175
Buckeye Industries, 225 employees, no Indians.
Arizona Mach Company, 16 employees, no Indians.
Buckeye Auto Parts, 3 employees, no Indians.
O'Mally Buckeye Lumber Company, 7 employees, no Indians.
Buckeye Irrigation Company, 17 employees, no Indians.
Goodyear Aerospace Corporation, 1,462 employees, no Indians.
Mr. Shepherd. That is correct.
Mr. Powell. Mr. Shepherd, the survey in question primarily
dealt with the mining industry, did it not?
Mr. Shepherd. That is true.
Mr. Powell. Will you please tell us something about that
survey and its purposes?
Mr. Shepherd. Well, the purpose of the survey — the Bureau
of Mines asked us to come out here and do this: The Papago
Indians have some copper on their own reservation, and two
areas have been leased out. One is an active mine or there are
two mines active, one on the San Xavier reservation, one on the
main Sells reservation. They felt that the Indians were not get-
ting a sufficient amount of employment from any of these areas.
There are eight mines located within a commuting distance of
the reservation.
And so they went to the Bureau of Mines — Well, when they
approached the companies, they said, "Well, we're hiring all of
the qualified Indians that we can find." So they went to the
Bureau of Mines and asked the Bureau if they could qualify
the Indians to go to work for them. So the Bureau of Mines
then sent us in here to make a survey to see if there were really
employment opportunities for the Indians and, if so, if there
were a sufficient number of Indians who really wanted to go to
work. And so we made the survey.
And to your initial question, in the mining area there are
approximately 8,000 jobs within a reasonable commuting dis-
tance on or almost immediately within the vicinity of the reser-
vation. And there are approximately 200 Indians employed in
those 8,000 jobs.
Mr. Powell. About 2 percent?
Mr. Shepherd. Yes, sir.
Mr. Powell. And the Indian population in that area is 15
percent or above ? Is that correct ?
Mr. Shepherd. I'm not sure of the figures. Of course, some
of the mines are surrounded by Indians. They're on reservations.
Mr. Powell. Yes, even higher.
Is it not true, Mr. Shepherd, that the report indicates, for
example, that out of 1,258 employees of the Phelps Dodge Cor-
poration there, only 96 Indians are employed? And that out of
500 employees of the Hecla Mining Company located on the res-
ervation only 50 are Indians ?
176
Mr. Shepherd. Yes, sir.
Mr. Powell. Is that correct?
Mr. Shepherd. Right.
Mr. Powell. I take it that this is especially important in light
of the fact that a lease is being negotiated with the Hecla Cor-
poration on the reservation? Is that correct?
Mr. Shepherd. The lease has been — I guess the lease has been
already —
Mr. Powell. Has recently been executed, yes.
Mr. Shepherd. Yes.
Mr. Powell. Do you have any information as to whether or
not there is a clause in that lease regarding employment of
Indians ?
Mr. Shepherd. There is none, I have been told by the tribal
chairman. There is no clause in the lease requiring employment
of Indians.
Mr. Powell. Shouldn't such leases include such agreements?
Mr. Shepherd. Well, I'm not really qualified, I guess, to —
Mr. Powell. Do such leases —
Mr. Shepherd. Oh, yes, yes, many companies do have such
leases.
Mr. Powell. Now, is there sometimes an oral agreement cover-
ing such subjects?
Mr. Shepherd. Well, the Papago felt that they had an oral
agreement. They thought that approximately 50 percent of the
employees would be Indians.
Mr. Powell. Isn't it the responsibility of the Bureau of Indian
Affairs to review such leases and protect the interests of Indians ?
Mr. Shepherd. Yes, sir.
Mr. Powell. What happened in this case?
Mr. Shepherd. They have to sign the lease.
Mr. Powell. They signed without such a provision ?
Mr. Shepherd. Yes.
Mr. Powell. Now, is transportation a problem, Mr. Shepherd?
Mr. Shepherd. Yes.
Mr. Powell. For Indians?
Mr. Shepherd. It's a terrible problem. They hardly have any
transportation.
Mr. Powell. Hecla Mining Company operates a shuttle service
between the mine and the town of Casa Grande 36 miles away?
Is that correct ?
Mr. Shepherd. That is correct.
Mr. Powell. And the exclusive purpose of that shuttle service
is to bring in Anglo employees? Is that correct?
Mr. Shepherd. I guess any employees that —
Mr. Powell. Or non-Indian employees, I should say?
177
Mr. Shepherd. Any employees that reside in the Casa Grande
area, yes, sir.
Mr. Powell. Is such transportation provided for Indians living
on the reservation ?
Mr. Shepherd. No, sir.
Mr. Powell. Have you ever inquired about the possibility of a
shuttle service for Indian employees?
Mr. Shepherd. Yes. I asked the former personnel director of
Hecla why he didn't run a bus to the south, and he said that
it was not economically feasible, there were not enough Indians
working at the mine from the south to justify it.
Mr. Powell. But had there been transportation provided there
might be more Indian employees? Is that correct?
Mr. Shepherd. Well, a lot of Indians are not employed because
they don't have transportation. You're right.
Mr. Powell. Mr. Shepherd, you have dealt with — How many
mining companies in the area? Five?
Mr. Shepherd. Eight.
Mr. Powell. Eight mining companies in the area?
Mr. Shepherd. Yes, sir.
Mr. Powell. Do you know whether or not they have affirma-
tive action programs ?
Mr. Shepherd. I have asked them all and got a negative an-
swer.
Mr. Powell. They say they have no affirmative action pro-
grams ?
Mr. Shepherd. Right.
Mr. Powell. Well, whether or not they have affirmative action
programs, their employment pattern regarding Indians would
indicate either that they don't have such programs or that the
Indian component of such programs is either inadequate or not
being satisfied. Would you agree?
Mr. Shepherd. The evidence indicates that, yes, sir.
Mr. Powell. What about the standards of employment, Mr.
Shepherd? Are they realistic and are they uniform?
Mr. Shepherd. Well, the standards are certainly not uniform,
in that some of the companies require the sheepskin from high
school. They must have the certificate, whereas others don't.
You might think this particularly bad for the Papago because
the Papago didn't have a high school on the reservation until
1970. And as a consequence, very few Papago even started high
school, much less finished it.
I think much improvement would come if they had more
realistic — you know, you have to question the realism of their
standards inasmuch as they are so inconsistent among the
different mines. If a guy can work out at a sixth grade education
in one mine doing identically the same thing in another mine
178
it would appear that he should work out over there. But he can't
even start without the sheepskin.
Mr. Powell. Given the location of these mines, some of which
are near, some of which are on reservations, are there any train-
ing programs available to prepare Indians for work with the
mining companies?
Mr. Shepherd. Entry level jobs, no. After the people have been
hired, there is some training in the mines but —
Mr. Powell. If the companies really had a commitment to hire
Indians, wouldn't you, in light of your experience as a personnel
officer and an industrial relations person, wouldn't you think that
they would provide training programs for the entry level?
Mr. Shepherd. I always did, yes, sir. I think the majority of
companies that certainly can afford this have done it all over the
country.
Mr. Powell. Given the population, the lack of education and
the need for employment, could you have an effective affirmative
action program without having such training programs?
Mr. Shepherd. No.
Mr. Powell. Madam Chairman, I have no further questions.
Commissioner Freeman. Commissioner Ruiz?
Commissioner Ruiz. On these Hecla and Asarco leases which
are exploiting reservation resources, I can understand that you
might have difficulty in trying to enforce the oral part of a
written agreement that 50 percent of the employed be Indians.
Have you explored the possibility, however, of rescinding the
lease if in fact this misrepresentation was made — induced by the
misrepresentation — and seek to set aside this lease in a Federal
court? Have you looked into that?
Mr. Shepherd. To whom are you directing it?
Commissioner Ruiz. I'm directing my inquiry to you.
Mr. Shepherd. I have no authority in that area. I do not
work for the tribe. I can't answer it.
Commissioner Ruiz. Have you checked into that (to Mr. Es-
calante) ?
Mr. Escalante. No, sir.
Commissioner Ruiz. Do you have attorneys?
Mr. Escalante. Yes, we have a pueblo attorney.
Commissioner Ruiz. Has anything been done with respect to
this alleged misrepresentation by the lawyers ?
Mr. Escalante. Not that I know of.
Commissioner Ruiz. That's all.
Commissioner Freeman. Mr. Buggs?
Mr. Buggs. No questions.
Commissioner Freeman. Thank you, gentlemen. You may be
excused.
Before we call the next witness, I would like to acknowledge
179
the presence at this hearing this morning of the following mem-
bers of the Arizona Civil Rights Commission:
The vice chairman, Mr. Manuel Matta. Will you stand, please?
Mrs. John F. Sullivan.
Mrs. Etta Dalton.
Mrs. Genevieve Harper.
Mr. Andrew Hoge.
And Mr. Ford Smith, the executive director.
We are pleased to have you.
Our next witness will be Mr. William Gremley, Project Di-
rector, Indian Special Emphasis Program, OFCC.
Will you and the young lady who is accompanying you, if
she is going to be giving any statements —
Mr. Gremley. This is Miss Gwen Crockett, a Department of
Labor solicitor.
Commissioner Freeman. Miss Crockett, will you be giving
testimony also ?
Miss Crockett. Yes.
Commissioner Freeman. Will you be sworn?
(Whereupon, Mr. William Gremley and Miss Gwendolyn Crock-
ett were sworn by Commissioner Freeman and testified as fol-
lows: )
TESTIMONY OF MR. WILLIAM GREMLEY, PROJECT DIRECTOR,
INDIAN SPECIAL EMPHASIS PROGRAM, OFFICE OF FEDERAL
CONTRACT COMPLIANCE, AND MISS GWENDOLYN CROCKETT,
OFFICE OF THE SOLICITOR, U.S. DEPARTMENT OF LABOR
Commissioner Freeman. Thank you. You may be seated.
Mr. Smith will begin the questioning.
Mr. Gremley. Madam Chairperson, I have a statement which
I would like to read on behalf —
Mr. Smith. Before you start, will you state your names and
occupations for the record?
Mr. Gremley. William Gremley, Contract Compliance Officer
and Director of the Special American Indian Project of the
Office of Federal Contract Compliance.
Miss Crockett. I am Gwendolyn Crockett, U.S. Department
of Labor, Office of the Solicitor.
Mr. Smith. You say you have a brief statement?
Mr. Gremley. I have a statement on behalf of Philip J. Davis,
Acting Director of OFCC.
Mr. Smith. About how long do you think it will take to give
that statement ?
Mr. Gremley. Possibly 10 minutes.
Mr. Smith. And that statement will explain the Indian Special
Emphasis Program that you work with ?
Mr. Gremley. Yes. And we would like it to be in the record.
180
I have made a few changes, and I can have it retyped and de-
livered to the Staff Director's office next week.
Mr. Smith. Excuse me just one second. Could you summarize
that statement, Mr. Gremley? To the extent that it has a bearing"
on our information with respect to the rest of this record we'd
like to hear it. To the extent that it is just statistical it might
take too much time.
Are you familiar with the contents of that statement?
Mr. Gremley. Yes, I have read it.
In other words, you would rather me not read the entire
statement?
Mr. Powell. We will receive the entire statement in the rec-
ord, but we would prefer a summary for purposes of facilitating
hearing all the witnesses today.
Mr. Gremley. Then I will have to extemporize.
Mr. Smith. In other words, we would like you to describe for
us the Indian Special Emphasis Program.
Mr. Gremley. Yes.
Mr. Smith. And to the extent the statement answers that
question, we'd like you to respond to that. But with regard to
the rest of it, if you would submit it for the record.
Mr. Gremley. Okay. The contract compliance program of the
Federal Government, as you know, is approximately 10 years old.
But it was not until late 1969, 1970 that compliance targeting
took place and programming took place concerning American
Indians.
In the early years of the program, the emphasis was on
blacks and mostly in urban areas. In the middle '60's emphasis
was directed toward people of Spanish surname. And then in
the late '60's, of course, female discrimination became a very
great concern of the Commission with the amendment of the
Executive Order.
Now we are engaged in a program that is reservation-directed.
Mr. Powell. With respect to this program, was an effort made
to recruit a qualified Indian to serve as project director of the
Indian Special Emphasis Program?
Mr. Gremley. No, although we have tried to get qualified
Indians on our staff.
Mr. Powell. Do you think that it might be a good thing to
try to get an Indian?
Mr. Gremley. Yes. Yes, very much so.
Mr. Powell. You would recommend that?
Mr. Gremley. Yes.
Mr. Powell. Continue.
Mr. Gremley. The program began in 1971, and it was based
on the idea of selecting key reservations, with certain limita-
181
tions because of staff limitations. We targeted in on reservations
with a labor force of 300 or more.
Now, I'm well aware there are many smaller reservations with
severe unemployment problems, but we just have so many
people — well, I'm the person doing- the work, and —
Mr. Powell. This program, is it a Government-funded pro-
gram?
Mr. Gremley. Yes, it's part of an OFCC program, yes.
Mr. Powell. You have a contractor that is undertaking its
operation ?
Mr. Gremley. No, no. We do it ourselves.
Mr. Powell. What about requiring the contractors themselves
to undertake such programs particularly in areas of high Indian
concentration? What about requiring training programs on the
part of contractors who have facilities on reservations ?
Mr. Gremley. Well, frequently that becomes a condition of a
compliance review.
Mr. Powell. You do not require —
Mr. Gremley. Oh, yes.
Mr. Powell. So when you review the plans of any company
that doesn't have such training programs they would not be
approved ? Is that correct ?
Mr. Gremley. Not necessarily. The question of whether a com-
pliance officer has a — can make a training program mandatory —
is a difficult one to answer. But certainly —
Mr. Powell. Well, you can require that they meet certain
goals and timetables?
Mr. Gremley. Oh, yes, yes. Yes. That is mandatory.
Mr. Powell. So that if you need a training program to meet
those goals and timetables, wouldn't it be a question of whether
this would be approved ?
Mr. Gremley. Such a commitment or agreement could be ob-
tained, yes.
The program began in 1971 with what we call a pilot review.
We selected — we have a universe right now of 19 reservations
where we know there's approximately 91 to 100 contractor fa-
cilities with work forces in excess of 100. We do not, of course,
go much below that type of a work force.
We began in September of 1971 with a review at the Fort
Hall reservation in Idaho near Pocatello. Since that time we
have reviewed — these are pilot reviews — at Crow reservation,
Colville, Flat Head, Wind River, Nez Perce, Lummi, and Papago.
A pilot review is actually a generating review. We do the one
review in cooperation with the appropriate compliance agency,
and while we are there we relate to the tribe and try to ascertain
the number and extent of the other government contractors on
or near the reservation. Then when I return from such a visit,
182
we get letters out to the appropriate Government agencies, com-
pliance agencies, directing them to schedule those additional com-
pliance reviews.
Mr. Powell. Do you also make it a part of your policy to get
in touch with the Equal Employment Opportunity Commission?
Mr. Gremley. Yes.
Mr. Powell. Where there are non-Federal contractors ?
Mr. Gremley. Yes.
Mr. Powell. You work in close compliance with them ?
Mr. Gremley. With non-Federal contractors, did you say?
Mr. Powell. Yes, where there is not a Federal contractor,
where the employer on or near a reservation is not a Federal
contractor, I take it you get in touch with the Equal Employment
Opportunity Commission ?
Mr. Gremley. No, no. We have taken no program action along
those lines.
Mr. Powell. Would that be a good idea?
Mr. Gremley. Yes, it would. It would be a good idea to do that.
Mr. Powell. I understand that there's been no review on the
Navajo reservation, which has the highest —
Mr. Gremley. Not yet.
Mr. Powell. — Indian labor force. Is that —
Mr. Gremley. It has the highest what?
Mr. Powell. Highest Indian labor force.
Mr. Gremley. That's true. A review on the Navajo reservation
is scheduled in January.
We have done ten of these pilot reviews on eight reservations,
and these reviews have generated an additional 66 other reviews
which agencies have been directed to schedule. And we intend to
continue with the program throughout the calendar year of
1973. We have 11 other reservations that are scheduled for the
calendar year of 1973.
In terms of results — well, I'd like to say what, basically, the
problem is. The problem is severe and appalling unemployment
rates. We did a great deal of research and study on this matter
using BIA sources, tribal sources, OEO CAP program sources
on reservations, and so on.
As a general rule, you can conclude that, to my knowledge,
with two exceptions in the country, the Choctaw reservation in
Mississippi and the Seminole reservation in Florida, the range
is 20 to 85 percent of unemployment. On the Navajo that you
mentioned, I think it's roughly around 35 percent.
These are appalling conditions.
Mr. Powell. One of the things that we have uncovered in
the course of our hearings, both here and in New Mexico, is that
many Government contractors seem to feel that by having a
sufficient number of blacks and a sufficient number of Mexican-
183
Americans — this is particularly true in New Mexico with con-
tractors such as the Sonia Company I believe, Los Alamos —
Mr. Gremley. Sonia?
Mr. Powell. Los Alamos is the one I recall.
Mr. Gremley. Yes, I'm familiar with Los Alamos.
Mr. Powell. We find that while minority employment might
seem to be adequate in terms of minorities such as Mexican-
Americans, especially in New Mexico, when you look at the In-
dian component it's virtually non-existent with almost no Indians
at any significantly high level.
Do you feel that a contractor who has failed to provide equal
employment opportunity to Indians can get by with an affirma-
tive action plan simply because he has other minorities em-
ployed ?
Mr. Gremley. He shouldn't. But that would depend on whether
or not he has had a compliance review, and, of course, it would
depend on the ability and the dedication of the compliance officer.
Mr. Powell. So that a compliance review with an officer
carrying out his duty where Indians are not employed and where
there's no training programs designed to look to meeting a goal
within a reasonable time — that would not be approved? It would
be subject to review?
Mr. Gremley. Yes, if I were doing such a review and the con-
tractor gave me an affirmative action program and it did not have
goals and timetables for American Indians and there was a sig-
nificant American Indian population nearby, I would not accept
such an affirmative action program.
Mr. Powell. So that we have a general employment picture
here, both in the private and State sector, but looking at the
private sector where there are Federal contractors, where there
are Indians not employed in anything like the numbers one
would expect in terms of their percentage of the population, we
can conclude that the Office of Federal Contract Compliance will
look very closely at these Federal contractors?
Mr. Gremley. Yes.
Mr. Powell. — And where they are failing their affirmative
action programs would not be approved?
Mr. Gremley. Yes, that is — well — let's put it this way: You do
a compliance review. You find an affirmative action program not
acceptable. Well, if before you leave the plant you can get the
commitment to have it acceptable, then it does become acceptable.
I'd like to read, since you kind of touched on it, at least one
paragraph from this statement.
We identified contractors for 19 reservations, a total of 91,
with work forces ranging from 100 to 3,000. The total employ-
ment of these 91 facilities is approximately 40,000. And Ameri-
can Indians represent only 3.5 percent of that total employment.
184
The total Indian population on these 19 reservations — this
excludes the Navajo reservation, incidentally — was 61,412, with
a labor force of 18,323.
Unemployment on these reservations averages 42 percent with
a range- from 11 percent to 77 percent.
So that gives some dimension of the problem.
Now, I could make a comment on progress to date, but you have
to keep this point in mind: The vast majority of the reviews that
I have been talking about, both the pilot reviews and the reviews
generated out of the program, are contractors who have never
been reviewed. These are initial reviews.
Mr. Powell. Can I ask you a couple of questions about those
employers ?
Mr. Gremley. Sure.
Mr. Powell. Mr. Gremley, on the basis of your experience,
what observations can you make regarding the attitudes of em-
ployers bordering reservations toward the problems faced by
Indians in securing meaningful employment?
Mr. Gremley. In my judgment, most employers, contractor or
non-contractor, on or near reservations, are indifferent to the
employment problems of American Indians. There may be a
spectrum of prejudice there from low to high, but "indifference"
I think would be a good word that would characterize it.
There might be a few, of course, who might be contemptuous
and completely discriminatory. There might be a few, a very
few, who would be positive and welcoming and would take affirm-
ative action. I haven't run across too many of those.
Mr. Powell. What about Indian involvement in labor unions?
Are there any barriers presented by the lack of Indian involve-
ment? Is there any Indian involvement in labor unions?
Mr. Gremley. Well, I think you asked me about problems
Indians face, Mr. Powell. You want my opinion on that?
Mr. Powell. I'm sorry. Go ahead. I thought you were finished.
Mr. Gremley. This indifference, discrimination, transporta-
tion, commuting problems, lack of bus lines, lack of roads, which
has been mentioned before ; on some reservations, lack of skills —
not all because skills inventories have been made on several
reservations and many skills have been revealed. Among older
persons, particularly, a lower education level will inhibit skill
acquiring or promotion. Younger Indians lack motivation because
of years of disillusionment with many of these problems.
Testing, the whole area of testing, is a problem that American
Indians face, and I might say most minority groups in America
face the problem of testing, which too frequently has screened
people out rather than screened people in.
Another problem they may face is the lack of technical as-
sistance regarding job development on reservations.
185
Your next question was involving labor unions?
Mr. Powell. Yes.
Mr. Gremley. Okay. Distance from the home where they live
on the reservation to the labor union office. I think the Navajo
reservation would be a good example where there would be a
hundred, two hundred miles to go to Prescott or Flagstaff or
even Phoenix to register and sign up with a given labor union.
Money. Initiation fees for many craft unions in particular is a
pretty expensive proposition.
And possibly, although there may be many exceptions to this,
again indifference and discrimination by labor union officials,
although I do concede many I have met are sensitive to these
particular problems.
I would say those are basically the three barriers.
Mr. Powell. Are you concerned at all with the provision
which gives Indians preference for jobs on or near reservations?
How do you interpret the term "near" with regard to preference
extended to Indians on or near reservations? Are you concerned
with that at all?
Mr. Gremley. Yes, very, very much. "Near" becomes almost
arbitrary in deciding what is the commuting distance. And this
is difficult. For some people — I know a person who commutes on
a given reservation 40 miles a day, 80 miles round trip, Indian
worker — well, some may not want to do that.
But I would say, given the existence of good roads or an ade-
quate road system, that 40 miles — many Indians will be very
willing to commute that kind of distance.
Now, with reference to Indian preference clause on
reservations — that's all we can talk about there — many leases
that private employers have with tribal councils contain the
Indian preference clause, Indian employment preference clause as
was indicated earlier. However, my judgment of it is critical.
The clause generally states, "Indians shall be given preference if
qualified," and that is an open door for the contractor to say,
"We can't hire you because you are not qualified."
I think the clause — that phrase — should be eliminated or the
question of qualifications should be a joint matter between the
tribe and the contractor, one or the other. For that reason I do not
have too much faith in Indian preference clauses.
There's another aspect that I think is important that is relevant
to employment, and that is the existence of 35 industrial parks
on reservations. Thirty-five reservations have industrial parks.
Mr. Powell. Is that the State of Arizona? Are you talking
generally? It's all right. For the record I just want it clear what
you're talking about.
Mr. Gremley. I'm talking generally. I don't know if there is one
in the State of Arizona. Perhaps —
186
Mr. Powell. Certainly there are some in New Mexico, and I
believe there may be some in Arizona.
Mr. Gremley. Yes.
Mr. Powell. There are some in Arizona.
Mr. Gremley. I have seen one on Wind River which is beautiful.
All utilities in. Huge water tower. A spur line. And no takers so
far.
And these industrial parks develop, naturally, leases between
the tribal councils and the people they can bring in to build
factories and plants. But as a generality this, I think, would be a
very basic responsibility of American industry: To be more
sensitive to the establishment of sites on reservations.
Mr. Powell. With respect to this preference clause, has any
contractor ever been proved to be in violation of the Indian
preference clause?
Mr. Gremley. Well, Mr. Powell, OFCC has no responsibility
for the Indian preference clause.
Mr. Powell. I see.
Mr. Gremley. We operate under the seven paragraphs of the
nondiscrimination clause.
Mr. Powell. I see. With respect to construction on Indian reser-
vations, you might not be able to answer this question, but I
understand that there is a right-to-work law in the State of
Arizona.
Mr. Gremley. Yes.
Mr. Powell. I further understand that Indians who have
either rights under a preference clause or rights under a lease
obligation to work are often not permitted to get jobs by virtue
of some kind of labor list, some kind of hiring hall provision.
Are you familiar with this problem?
Mr. Gremley. No, I'm not, Mr. Powell. I would not —
Mr. Powell. I have no further questions, Madam Chairman.
Commissioner Freeman. Mr. Gremley, with respect to your
reply to the question concerning the definition of "near a reserva-
tion" and the difficulty with respect to determining the com-
muting area, I wonder if your office has ever inquired about the
distance that the non-Indian may commute?
Mr. Gremley. Oh, yes.
Commissioner Freeman. And that if, for instance, there are
non-Indians who commute 75 or 100 miles, if this may not be a
good way of determining what is "near" a reservation?
Mr. Gremley. Yes. A compliance officer, if he knows his busi-
ness, will inquire into this matter during the compliance review
and make a comparison. In other words, if a given contractor were
to recruit in a community 60 miles away from his plant and
does not recruit in an American Indian reservation that is 60
187
miles away, we would ask why not. If you can recruit for one,
you can recruit for the other.
Commissioner Freeman. Do you have information, examples,
that you could make available to this Commission with respect
to those cases ?
Mr. Gremley. Yes. I'd have to go back into the various review
reports that have come out of the Indian program, and I think I
possibly could make some examples available.
Commissioner Freeman. Now, the other point that concerns
me is the phrase "if qualified." I have been on this Commission,
have been a member of it, for about 8V2 years, and I remember
back in February of 1965 when the Commission held hearings in
Jackson, Mississippi. In response to our questions as to why there
were no Negroes or blacks, the answer was, "We can't find any
qualified Negroes or qualified blacks." And then in Montgomery,
Alabama, in May 1968 they couldn't find any "qualified Negroes"
or "qualified blacks."
And then in December of 1968 we went to San Antonio, Texas.
We were studying the problems of Mexican Americans. And
there was the same picture.
I feel like I'm hearing a broken record.
Mr. Gremley. You are.
Commissioner Freeman. And they couldn't find any "quali-
fied Mexican Americans or Chicanos."
And in February of this year we were in New York, and they
couldn't find any "qualified Puerto Ricans."
And today you can't find any "qualified Indians."
What disturbs me is that the word "qualified" only gets put in
front of a member of a minority or an ethnic. The assumption
seems to be that all whites are qualified. You never hear about
anybody looking for a "qualified white person."
Mr. Gremley. I agree with you.
Commissioner Freeman. And, you see, it seems that the word
"qualified" sort of dangles as an excuse for discriminating
against minorities. I'm pursuing this with you because the Office
of Federal Contract Compliance, it seems to me, has a real re-
sponsibility here to get to the guts of the issue.
Mr. Gremley. May I comment?
Commissioner Freeman. Yes, you may.
Mr. Gremley. I agree with you fully, Madam Chairperson.
This has been one of the syndromes of employment discrimina-
tion, the history of employment discrimination, against all mi-
nority groups in this country. And the fact that it is now utilized
as a syndrome vis-a-vis American Indians is not startling or
surprising. Our process to overcome it is to establish with the
contractor and the tribal employment person. Usually every
tribe has a tribal employment person, sometimes it's a direct
188
employee of the tribe, sometimes it's a BIA employment as-
sistance officer, sometimes it's a CAP program job developer, and
so on. But to establish this is a must for every compliance review
we undertake — a productive, fruitful and continuing relation-
ship between the contractor and the tribe so that we get over
this business of "if qualified" and have the contractor rely on the
tribal job developers to find the kind of people he wants or to
aid him in setting up training programs of one kind or another.
But your comments merely expanded and emphasized my
previous comment that I object to this word "if qualified" in
Indian preference clauses.
Commissioner Freeman. Commissioner Ruiz?
Miss Crockett. I'd like to make a point.
Commissioner Ruiz. You go right ahead.
Miss Crockett. I think there was a question asked regarding
the Navajo reservation, and the response was that there had not
been a compliance review conducted on the Navajo reservation.
Well, in fact, there was a compliance review, I think, during
the latter part of 1971 that involved the regional office of OFCC
and not the national office.
The problems of the Navajo reservation, you may be familiar
with, grew out of an attempt to enforce the Indian preference
clause. Of course, there are other problems, too, regarding the
home town plan that was submitted and initially approved by
OFCC, and there were some problems in the implementation of
the plan, so that now the State of Arizona does operate under bid
conditions that have goals and timetables that are applicable to
reservations.
The compliance review that was conducted was participated
in by an OFCC representative, and it's my understanding that at
that time there was no finding of non-compliance with reference
to the bid conditions, but in terms of the terms and conditions
of the lease agreement that the contractors had entered into
with the tribal council as far as the Indian employment preference
was concerned, those problems seem to be in the stage of negotia-
tions.
We have not received any definite information regarding the
final solutions. But we have been told that they will keep us
informed with reference to whatever agreements they work out.
But this, perhaps, represents one of our first involvements
with the application of the Indian preference clause, and, as we
said before, it is not the responsibility of OFCC in the enforce-
ment of the Indian preference clause, but we have agreed to work
with the tribal council groups when our opinion is requested
regarding the drafting of an effective clause that will be designed
to protect as well as implement the Indian employment pref-
e rence.
189
Mr. Powell. Even though it's not your responsibility to en-
force Indian preference, in evaluating affirmative action plans —
efforts of employers under affirmative action plans, particularly
with respect to whether they have used their best efforts to carry
out their goals and timetables — the preference clause gives them
a handle, does it not, —
Miss Crockett. Yes, it does.
Mr. Powell. — in evaluating whether or not they have carried
it out? So you look to the extent to which they have made use of
the preference clause? Would you not?
Miss Crockett. We certainly look to the extent to which they
have carried out their commitments to us as well as the fact that
if it is possible for us to assist in the enforcement of a clause
that becomes a part of their contractual agreement with the
Indian tribes or whatever the local governmental agency repre-
senting the Indians, then we will do what we can to assist in
that.
Mr. Powell. I see. Thank you.
Mr. Gremley. Mr. Powell, a comment on that. As you know,
there can be a dovetailing, because Revised Order 4 does give
the compliance officer the right to demand Indian goals and
timetables — or for any specific minority group.
Commissioner Freeman. Commissioner Ruiz.
Commissioner. Ruiz. Even if it's not your responsibility for
enforcement, based upon your reviews, have you ever recom-
mended that punitive action be taken for contract noncompliance
or contract compliance violation either by the Department of
Justice or by the particular Federal agency which is giving out
a contract involving Federal funding?
Mr. Gremley. Yes. There is a procedure in the compliance
process called "show cause." And show cause notices then are
carried out by an appropriate contract compliance agency re-
sponsible for the given type of industry. Yes, this has happened.
Commissioner Ruiz. You have done that?
Mr. Gremley. Yes.
Commissioner Ruiz. On many occasions?
Mr. Gremley. Yes.
Commissioner Ruiz. And as a consequence of that have you
gone as far as I have just mentioned? Has the resulting —
Mr. Gremley. No, no.
Commissioner Ruiz. How far has it progressed? Simply by
making an agreement?
Mr. Gremley. In —
Commissioner Ruiz. Have these agreements been satisfactory
to you ?
Mr. Gremley. As yet we have no returns on them, Mr. Com-
missioner.
190
Commissioner Ruiz. You have never made an agreement thus
far —
Mr. Gremley. With the agency.
Commissioner Ruiz. — with an order to show cause with re-
spect to a contractor for noncompliance with a contract?
Mr. Gremley. In this particular case the OFCC directs the
compliance agency to issue the show cause. These have taken
place in the last 4 or 5 months. We do not yet have returns. Let
me put it that way. It's too early yet to assess whether or not
the agency has worked out an acceptable program with a given
contractor. But we expect to get that information and results
in the near future.
Commissioner Ruiz. As I understand your testimony, you
cannot name one favorable settlement made thus far?
Mr. Gremley. That is right, sir.
Commissioner Ruiz. We have heard frequently references to
the part that Indian cultural differences play in the attempt of
Indians to compete with non-Indians for jobs. What responsi-
bility, in your opinion, do private employers operating on or near
reservations have to sensitize their employment personnel to
some of these differences and to overcome conflicts that may be
presented ?
Mr. Gremley. I would say they have a full responsibility to
so do and to become more sensitive to what has been called
cultural differences.
Let me give you one example on one reservation. It's a very large
reservation in the Northwest. The contractor complained to me
that Indian people did not call up in the morning when they
weren't coming to work. He overlooked a couple of things. Number
one, only 5 percent of the people on the reservation had telephones.
Number two, it was a big reservation, and a neighbor might be half
a mile away. Well, it's very difficult to get out of bed if you're
sick, and walk a half a mile.
But he overlooked another very essential cultural difference.
For the most part, in terms of an Indian cultural attitude, In-
dians do not like to bother people, and the idea of going to your
neighbor and asking to make a phone call is not part of a tradition.
I pointed these things out to him, and hopefully he'll be more
sensitive in the future.
One of the ways we have tried to overcome this insensitivity is
if an employer would say, "Well, Indians are irresponsible. They
don't call up, and they go fishing, and all that sort of thing," I
have arranged for a tribal committee to relate to the contractor
and I have obtained a commitment from the contractor to visit
that reservation once a month, and if he has problems of that
type to bring the problems to the tribe and let the tribal em-
191
ployment committee help him with them. We have found that
this particular technique has worked.
Commissioner Ruiz. Other than that particular instance
where you have the employer perhaps go out and visit the tribe to
learn something about sensitivity, do you have any others in
mind that you have requested so that programs in affirmative
action situations may, as part of the affirmative action
program —
Mr. Gremley. I have nothing else, Mr. Commissioner, but I
might add that this is a young program, relatively speaking, and
hopefully as we go along and get more experience we will de-
velop more techniques and sophistication along these lines.
Commissioner Ruiz. Thank you.
Commissioner Freeman. Mr. Buggs?
Mr. Buggs. Just one question, Mr. Gremley. When OFCC asks
Federal contracting agencies to issue show cause letters, suppose
in your best judgment the result of that show cause is that the
contract needs to be terminated. Whose responsibility is it to
terminate it?
Mr. Gremley. It could be either OFCC or the agency to take
action. What would follow a show cause, according to Order No. 4,
Revised Order No. 4, as you know, is a 10-day public notice, and
that could be the next step. Basically it would be an agency re-
sponsibility.
MR. Buggs. Have you had any difficulty in having Federal
agencies issue show cause letters?
Miss Crockett. Well, there have been some instances in which
some of the compliance agencies have been reluctant to issue
such show cause notices, and in those instances the Office of
Federal Contract Compliance can assume responsibility and pur-
sue the formal remedies of debarment or cancellation or termina-
tion.
Mr. Buggs. Have any of those things ever happened on OFCC's
part?
Miss Crockett. Not in terms of our American Indian program.
It has not. We have not been involved enough in the construction
or the non-construction industries regarding reservations and on
or near reservation problems.
Mr. Buggs. On the basis of your present knowledge of the
employment situation of Indians on or near reservations, and if
show cause letters are required, and if as you have indicated
they have been or are returned and no substantial improvement
has been indicated, is OFCC going to recommend termination of
contracts or debarment?
Miss. Crockett. Definitely.
Mr. Gremley. Yes.
Miss. Crockett. Yes.
192
Mr. Buggs. Thank you.
Mr. Gremley. Could I just make a comment about construc-
tion? We have not yet formulated a construction universe of the
multitude of construction projects taking place on Indian res-
ervations. Many reservations have no significant non-construc-
tion contractor sites within hundreds of miles. But on every
reservation there is usually some construction taking place, and
invariably it is Federal construction or federally-assisted con-
struction.
We do make surveys when I do a pilot review of what construc-
tion activities are ongoing or contemplated. Eventually we hope to
establish an effective construction compliance program, and we
will direct agencies to make compliance reviews of such projects.
Miss Crockett mentioned the Navajo thing. And we have rec-
ommended a review of Grand Coulee Dam in the Colville res-
ervation.
Commissioner Freeman. Thank you. The witnesses are ex-
cused.
This hearing will be in recess for 10 minutes.
(Whereupon, a recess was taken.)
Commissioner Freeman. The hearing is called to order. Will
everyone be seated ?
I would like to call the following witnesses: Mr. D. H. Orr,
Mr. John Breen, Mr. Jim H. Hunter, Mr. Dick Glover. Will you
come forward, please?
Mr. Powell. Madam Chairman, I believe some of these wit-
nesses are accompanied by counsel, and counsel should identify
himself and indicate in what capacity he is appearing.
Mr. Sievwright. Ralph Sievwright, attorney for Hecla. At-
torney in Phoenix with Twitty, Sievwright & Mills.
Mr. Boland. My name is John M. Boland, Jr. I am an attorney
in Phoenix, and I represent Mr. Breen, Mr. Orr, and their
employer, the Phelps Dodge Corporation.
Commissioner Freeman. Will the individuals who will be
giving testimony remain standing and be sworn ?
(Whereupon, Messrs. D. H. Orr, John Breen, Jim H. Hunter,
and Dick Glover were sworn by Commissioner Freeman and
testified as follows: )
TESTIMONY OF MR. D. H. ORR, MANAGER, NEW CORNEILA BRANCH,
PHELPS DODGE CORPORATION; MR. JOHN BREEN, EMPLOYMENT
AGENCY, NEW CORNEILA BRANCH, PHELPS DODGE
CORPORATION; MR. JIM H. HUNTER, PROJECT MANAGER, HECLA
MINING COMPANY; AND MR. DICK GLOVER, PERSONNEL
MANAGER, HECLA MINING COMPANY
Commissioner Freeman. Thank you. You may be seated.
Mr. Powell, you may proceed.
193
Mr. Powell. Will the witnesses sit near microphones? The
attorneys can sit on the side.
Beginning with the witness on my left, the first witness on
my left —
Commissioner Freeman. Excuse me, please. I just want to be
sure that the attorney who is sitting near the end will watch
his chair. We would not want you falling off backward, sir.
Mr. Boland. Thank you very much. I will. Perhaps we need
some levity anyway. Maybe I could fal backwards. (Laughter.)
Mr. Powell. Would you each please state your name, address,
and position for the record beginning with the gentleman on
my left?
Mr. Hunter. My name is Jim Hunter. I'm Lake Shore Proj-
ect Manager for Hecla Mining Company. I live in Casa Grande,
Arizona.
Mr. Glover. My name is Richard D. Glover, Hecla Mining
Company, Lake Shore Project Personnel Manager. I live in Casa
Grande.
Mr. Orr. My name is David H. Orr. I am Manager for Phelps
Dodge Corporation, New Corneila Branch, Ajo, Arizona.
Mr. Breen. I am John Edward Breen. I live in Ajo, Arizona,
at 121 Lamina Avenue. I am the employment agent for the
New Corneila Branch of Phelps Dodge Corporation.
Mr. Powell. Mr. Orr, we have heard earlier testimony that
with respect — You have a facility near the Papago reservation,
do you not?
Mr. Orr. Yes.
Mr. Powell. We have heard testimony with respect to that
facility that you have a total of 1,258 employees and that only
96 of those employees are Indian. Is that correct? Is that sub-
stantially correct?
Mr. Orr. Approximately correct.
Mr. Powell. Mr. Hunter, we have heard testimony that you
have a facility on the Papago reservation. Is that correct?
Mr. Hunter. That's correct.
Mr. Powell. And that employed at that facility are some 500
people and only 50 of those people are Indian. Is that correct?
Mr. Hunter. That is correct at the present time.
Mr. Powell. Now, this is a question for both Mr. Orr and Mr.
Hunter. You gentlemen are both in charge of relatively large opera-
tions, one which borders and the other which is located directly
on one of the most economically depressed Indian reservations
in the country. We have heard testimony here today that Papago
Indians share very little in the employment opportunities pre-
sented by the mining industry in the Papago area. Due to your
proximity to the reservation, do you feel any sense of community
obligation to provide employment opportunities to Indian people?
194
Mr. Orr?
Mr. Orr. Yes.
Mr. Powell. Well, do you feel that you are carrying out that
obligation? Do you feel that the employment pattern we have
just indicated carries out that obligation?
Do you think that 96 employees in an area which is predomi-
nantly Indian or at least significantly Indian in your area is carry-
ing out that obligation ?
Do you understand the question ?
Mr. Orr. I'm not sure that I do.
Mr. Powell. Well, you employ, I would say, something like 7
percent. Is that right? Ninety-six employees of a total employ-
ment workforce of some 1,258? Do you think that's adequate em-
ployment opportunity for Indians?
Mr. Orr. Apparently not.
Mr. Powell. Apparently? Don't you have a view?
Mr. Orr. The percentage of our Indian employment is merely
an accident of the way Indians have come, presented themselves
to us to seek jobs.
Mr. Powell. Well, would you care to elaborate? Would you
care to elaborate on that?
Mr. Orr. Indians are treated like any other person.
Mr. Powell. Well, we have heard testimony contrary to that.
We have heard testimony about stereotypes and what not. But
don't you have an obligation to take affirmative action to see
to it that members of minority groups are afforded an equal em-
ployment opportunity ?
Mr. Orr. Yes.
Mr. Powell. Well, in what respects, if any, are you under-
taking to carry out that obligation? We have heard testimony,
for example, that you have no training programs for entry level
positions. We have heard testimony, for example, that some em-
ployers require high school diplomas for jobs which don't re-
quire— which presumably don't require — high school diplomas be-
cause other employers employ people at that level without a
high school diploma. What is your policy regarding your lower
level jobs, your lower skilled jobs? Do you require a high school
diploma for all your entry level employees?
You might want your personnel manager to speak to that.
Mr. Orr. He can be more accurate than I can on that.
Mr. Breen. We do not require a high school diploma for em-
ployment at the New Corneila Branch.
Mr. Powell. What steps do you take to see to it that Indians
get an opportunity for entry level positions ?
Mr. Breen. As Mr. Orr previously stated, we attempt to
treat the Indians and everyone else exactly the same.
Mr. Powell. Well, you don't — apparently you don't under-
195
stand what the law is. Indians are members of a minority group.
They are in a depressed area. They have little educational op-
portunity. Yet under the law, under Title VII, where you have a
low utilization figure and where you have a history of not employ-
ing minorities, you are required, are you not, to take affirmative
action ?
Among the kind of affirmative action you are required to take
is training programs. You are required to make a survey of your
labor force. You are required to see whether people in that labor
force, particularly minority people, are underutilized.
I tell you that in my opinion you have an underutilization
of Indians, and I want to know to what extent you are address-
ing yourself to that.
Now, you have been very mute here. Would you respond ?
Mr. Breen. Yes, I'd be happy to, Mr. Powell. We did — we have
an affirmative action program, and we have set our goals and
timetables, and we are doing the best that we can to meet these
goals and timetables.
Mr. Powell. Do you have a training program for entry level
for potential Indian employees?
Mr. Breen. You mean a training program that would be
given to people before they are offered employment ?
Mr. Powell. A training program that would be given to people
either before they are employed or — no, either before they are
employed or after they are employed. Do you have any training
program at all ?
Mr. Breen. Yes, we have training programs. We have an ap-
prenticeship program. It's registered with the Bureau of Ap-
prenticeship Training. We have welder learner programs, arma-
ture winder programs.
Mr. Powell. Well, how many people are in your training
program for your entry level positions ?
Mr. Breen. We do not have any training program for en-
trance level people. We don't train them before we hire them.
They have to be on our payroll before they could qualify for
training.
Mr. Powell. Well, —
Mr. Breen. We do not train people before we hire them.
Mr. Powell. Well, in hiring people you make some estimation,
do you not, of whether or not with training they can qualify
for positions ?
Mr. Breen. That's right.
Mr. Powell. Well, now, how many of those people — how many
Indians — do you have in that category ?
Mr. Breen. Well, I would say that our percentage of Indian
hires per application is greater than it is for the general run of
the population.
196
Mr. Powell. Indian hires per application?
Mr. Breen. Right.
Mr. Powell. Presumably you don't have many applications,
then, do you ?
Mr. Breen. Yes, we do. We have very few applications from
Indians. And I think the test —
Mr. Powell. You say you have very few applications from
Indians, so you don't have very many?
Mr. Breen. Right. As was testified earlier by Mr. Sonya
Shepherd and Mr. Tony Escalante from the Papago Indian res-
ervation, I think one of the biggest problems there is the roads,
communications, these little villages. I think that's why they
don't apply to us. There's no way for them to get there.
Mr. Powell. Well, can you come —
Mr. Breen. We cannot build roads on the reservation as far
as I know. That should be a function of the Federal Government.
Mr. Powell. Have you been in touch with the tribal leaders
to make known that there are opportunities available at Phelps
Dodge Corporation ?
Mr. Breen. I sure have. This Mr. Shepherd that testified earlier,
I urged him to send Indian applicants to us. I have talked to Mr.
Tony Escalante and have done the same for him. He is the job
developer on the Papago Indian reservation.
We have made a sincere effort to hire Indian people. But we
do not train anyone before offering them employment.
Mr. Powell. Have you used mobile units to go out and seek
Indian employees on the reservation ?
Mr. Breen. No, we have not. Nor have we sent them anywhere.
Mr. Powell. Is that a feasible method ?
Mr. Breen. We are currently studying quite a few suggestions
that were given to us by Mr. Gremley in an effort to more
fully utilize the Indian people, and we are going to do everything
that we can to meet all of his suggestions.
Mr. Powell. Do you feel that your employment, your recruit-
ing approach for Indians can be the same as your recruiting
approach for non-Indians ?
Mr. Breen. Well, I have recently discovered that it probably
cannot.
Mr. Powell. So that when you say you take the same posture
with respect to Indians as you do toward others, you realize that
you're not really complying with the requirements of the law?
Mr. Breen. Well, I realize that we are going to have to change
our policies in some areas by accepting the suggestions that were
given to us by Mr. Gremley.
Mr. Powell. Now, you say you have a training program.
Mr. Breen. Yes.
Mr. Powell. Is that right? Now, is that training program and
197
other devices used to promote Indians at the job categories at
Phelps Dodge?
Mr. Breen. No, it is not used to promote any one race. It's
just used to promote our total workforce.
Mr. Powell. Well, in the general promotion of people do you
find that Indians are being promoted at a rate comparable to your
other non-Indian employees, your some 1,100 non-Indian em-
ployees ?
Mr. Breen. No, they are not.
Mr. Powell. Why is that?
Mr. Breen. Well, that is something that we are trying to study
and see if we can find out why it is. It might be their education
or whether or not that they have applied for or want that kind
of training. I really couldn't answer that.
Mr. Powell. How long have you been in business at this
facility?
Mr. Breen. I have had my present job since —
Mr. Powell. Not you. How long has the company been there?
Mr. Breen. Since 1934 approximately.
Mr. Powell. Since 1934? Close to 40 years. And yet in all
that time you haven't learned how to have a better employment
pattern for the people who have been there for several hundred
years and for the people who need employment?
I would ask you this: Would you provide to the Commission
within the next — what would you say would be a reasonable
period? I understand that you're now undertaking to improve
your employment pattern — is that correct?
Mr. Breen. That is correct.
Mr. Powell. Would you provide us with figures within the
next 3 months showing what improvements you have made, been
making and are making? Would you do that for us? And also
a copy of your affirmative action plan?
Mr. Boland. I will answer for Mr. Breen. To the extent that
the Commission asks us for material, Mr. Powell, we will do
everything we can to supply you with it.
Mr. Powell. All right. We would certainly appreciate being
kept apprised. First of all, I think we'd like to know your cur-
rent employment picture. We would like details not only with
respect to the numbers but with respect to the employment cate-
gories. We'd like to know where Indians fall within your various
job levels. We then would like to know over a period of time
how that picture is changing.
We would be more than glad to provide you with our views
with respect to whether or not you are sufficiently carrying out
your duties vis-a-vis Title VII.
Mr. Hunter, would you care to answer that question? Given
the fact that you have a facility directly on a reservation, do you
198
feel any sense of community obligation to provide employment
opportunities to Indian people?
Mr. Hunter. Well, we certainly do. We have an agreement
with the Papago tribe which we have more than lived up to.
Mr. Powell. As I understand it, you have 500 employees on
that facility, do you not?
Mr. Hunter. That's correct.
Mr. Powell. Yet you only have 50 Indian employees. Is that
correct?
Mr. Hunter. That's correct. We have had many more than
that, however.
Mr. Powell. You now only have 50 employees ?
Mr. Hunter. That's correct.
Mr. Powell. Would you care to elaborate as to how you feel
that 50 employees on the reservation where you are supposed to
have a preference provision carries out your obligations to pro-
vide equal employment opportunity to Indians?
Mr. Hunter. Our contract — we have more than — I think we
have more than 50 employees right now at the moment, but —
Mr. Powell. Well, —
Mr. Hunter. Our contract calls for —
Mr. Powell. You're the manager of that operation, and I
think that you or your personnel manager ought to know.
We shouldn't have to guess here. What is your employment
pattern ?
Mr. Hunter. Our employment pattern for the Papagos at the
moment is 51 as of, I think, yesterday.
Mr. Powell. Fifty-one? I see. Fifty-one.
Mr. Hunter. These people —
Mr. Powell. Do you think that the difference between 50 and
51 is so appreciable that you now are carrying out your obliga-
tion? You have how many employees at that facility?
Mr. Hunter. No, sir. I would like to say, though, that we
have had many more employees than that, and they have gone
because of absenteeism reasons and so forth and quit on their
own.
Mr. Powell. You have how many employees employed at that
facility, Mr. Hunter?
Mr. Hunter. I think there are 500 and about 50.
Mr. Powell. Do you have any program designed to orient
Indians to the requirements of your employees? Is there a pro-
gram designed for employees in general? Or is there a program
designed specifically for Indians ?
Mr. Hunter. I'll let Mr. Glover answer that. He's the person
in charge of personnel.
Mr. Glover. Our program applies to all regardless of race.
And to give you maybe a bird's-eye view of the picture at the
199
Lake Shore project, I might say that what we do is, these non-
experienced miners that are coming down the road, we feel it's
best that they come to the facility and see what our operation
looks like and the working conditions, especially underground.
We give these people a tour, and they see whether or not they
would like to work underground. Some people don't care to. And
then if they are employable, they desire to go further, then we
take it from there.
Mr. Powell. When you say "employable," what do you mean?
Mr. Glover. They meet the requirements, the pre-employment
requirements.
Mr. Powell. Well, now, what are these pre-employment re-
quirements? You know, as Madam Chairman has said, the quali-
fications are used to exclude minority people. You're not involved
in that game, are you?
Mr. Glover. Excluding minority people?
Mr. Powell. Yes.
Mr. Glover. No, sir. This means —
Mr. Powell. .Now, you have said — and I thought we had
clarified that point — you said that your program is the same for
all. Given the fact that Indians are underutilized, given the fact
that you don't have a problem because you have a preference
clause which permits you to discriminate in favor of Indians if
you want to put it that way, you can't just rely on a program
the same for all. Don't you feel that under the law you are required
to have a program which orients Indians, that you are required
to have a program that sees to it that to the extent that there
are cultural differences that Indians are given the training
which will enable them to comply with the requirements that you
have for all employees? Isn't that correct?
Mr. Glover. Let me go ahead on your first question that you
asked to let you know what we are doing, because there's more
to it.
Once these people are employed, then they go into a mine train-
ing program, and this is where the bulk of the people come in
to work underground. So they are all given a mine training
program that may take from 1 to 4 weeks depending upon the
individual's capabilities.
And the Indians are employed along with the rest of the group
or any other race in the mine training program so that these
people can go out into the production area and produce.
This takes anywhere from 1 to 4 weeks for training.
Mr. Powell. Do you employ Indians for anything other than
going underground ?
Mr. Glover. Yes, sir. Let me go a little further now. Okay?
Out of the total of 51 that we have currently employed, we have
200
14 what we would consider in the laboring class. We have 14
in the skilled area. This is your crafts, and so forth.
Mr. Powell. What would that be? Skilled area? What kind
of—
Mr. Glover. You're talking crafts in the miner classification.
That would be the skilled area. We have one in the warehouse
area, two in the surveying crew as aides — and we have one
female typist. Now, the rest of the people fall in between in the
semi-skilled area out of the 51.
Mr. Powell. What attempt, if any, has been made to sen-
sitize supervisory persons to the special characteristics and prob-
lems of Indians ? Do you have such a program ?
Mr. Glover. Not formalized program, no, but I think that in
communicating with our supervisors when you get into the
discipline area and what not, this comes out in working with —
Mr. Powell. Have you ever had occasion to discipline a super-
visor for discriminating against an Indian?
Mr. Glover. No.
Mr. Powell. Well, do you require that the various people who
have units take action to improve their employment picture with
respect to Indian employees ?
Mr. Glover. I don't quite follow you there, sir.
Mr. Powell. Do you require — You have various units within
your company, do you not?
Mr. Glover. Areas of responsibility and processes ?
Mr. Powell. Yes.
Mr. Glover. Yes.
Mr. Powell. What, if anything, are you doing to see to it
that there are more Indians employed in these various opera-
tions ?
Mr. Glover. We are working with the tribal labor coordinator
to help us in finding Indians who are qualified to move into
certain areas.
Mr. Powell. Well, what is it about your qualifications which
results in so relatively small a percentage of Indian employees?
Do you require a high school diploma for your entry level posi-
tions ?
Mr. Glover. No, sir. The problem is not one I think that you
attach the word "qualified" to. I think you have to consider the
number that are able to get to the mine in the first place. This
presents a problem.
Mr. Powell. You have transportation facilities — you provide
a shuttle service to a town. Is that correct?
Mr. Glover. No, sir.
Mr. Powell. Earlier tesimony indicated you provided a shuttle
service to Casa Grande. Is that incorrect ?
Mr. Glover. That's incorrect to the extent — we are not involved
201
in providing a shuttle service to and from Casa Grande. That's
privately owned.
Mr. Powell. And do you fund that in some way?
Mr. Glover. No way. No, sir.
Mr. Powell. How is it that there is shuttle service to Casa
Grande and no shuttle service to the rest —
Mr. Glover. I can't answer that.
Mr. Powell. Don't you think you have a responsibility to look
into that? You can't stand aside, can you? There's transporta-
tion facilities to Casa Grande. You're an employer there, don't
you think that if you are really interested in getting Indian
employees you can look into the question of providing transporta-
tion for those Indian employees?
Mr. Glover. I think that has already been looked into in co-
ordinating our efforts with Mr. Tony Escalante.
Mr. Powell. You mean you have transportation now to —
Mr. Glover. No, but this has been looked at, and the problem
is there, and we are trying to help resolve it in any way possible.
Mr. Powell. What is the problem?
Mr. Glover. The problem of transportation for these Indians.
Mr. Powell. Now, why is it that that problem hasn't been re-
solved ?
Mr. Hunter. Let me answer that. It's 56 miles to the next
town south, and I think the remoteness of that area — It's just
too long a trip. We had nothing to do with forming this bus line
that came down. This was a private enterprise entirely.
Mr. Powell. Fifty-six miles to the nearest place of high
Indian concentration on the reservation? Is that what you're
saying?
Mr. Hunter. There is a village of Santa Rosa in between, but
the Sells area is 56 miles from the mine.
Mr. Powell. The village of Santa Rosa — Are there many
Indians there?
Mr. Hunter. Yes, but they drive themselves. It's quite close.
Mr. Powell. How far is Casa Grande?
Mr. Hunter. Thirty miles.
Mr. Powell. Thirty miles? Don't you think that you could
provide facilities to get Indians from the 56-mile area?
Mr. Hunter. Tony Escalante and the Papago tribe people
have looked into that quite thoroughly themselves.
Mr. Powell. Well, perhaps maybe personnel from Hecla ought
to look into it.
Mr. Hunter. We didn't look into the furnishing of it from
Casa Grande.
Mr. Powell. But you don't have the same kind of obligations
to the people in Casa Grande that you have to the Indians.
202
You have a preference clause, and you have also indicated you
have an agreement with the Indian tribes.
Mr. Hunter. This shuttle bus that does come out from Casa
Grande stops at the Indian reservation if anyone wants to get on.
Mr. Powell. I'm told that there are Indians in the other di-
rection. Isn't that true?
Mr. Hunter. There's Indians in all directions from the mine.
Mr. Powell. Madam Chairman, I have no further questions.
Commissioner Freeman. Mr. Orr, does Phelps Dodge — Does
the company — provide any company housing?
Mr. Orr. Yes.
Commissioner Freeman. How many units of housing are pro-
vided?
Mr. Orr. I don't know the exact figure. It's slightly in excess
of a thousand.
Commissioner Freeman. A thousand units are provided?
Could you tell us or describe for the Commission the housing
that is provided the employees? Which employees reside in the
housing?
Mr. Orr. All employees reside in housing who desire it and
who qualify for it.
Commissioner Freeman. Here we go again.
How many of the Indian employees reside in the housing?
Mr. Orr. The majority I would say.
Commissioner Freeman. Do you know whether there is any
difference in the housing units that are occupied by Indians and
those that are occupied by those persons who are non-Indians?
Mr. Orr. There is a difference. That is, that there is an active
program to eliminate.
Commissioner Freeman. An active program by whom to elim-
inate what?
Mr. Orr. By Phelps Dodge to eliminate substandard housing
in A jo.
Commissioner Freeman. Are you saying then that Phelps
Dodge recognizes that its company-owned housing is substand-
ard?
Mr. ORR. Certain of it is. The majority is not.
Commissioner Freeman. Is the company-owned housing oc-
cupied by the Indian employees substandard?
Mr. Orr. That that was initially originally designated as
Indian houses is substandard and is being eliminated by inte-
grating the Indians into the other better housing.
Commissioner Freeman. Has the company started any efforts
to integrate the housing that it owns?
Mr. ORR. The company is far along on such an effort.
Commissioner Freeman. Could you indicate to us or give this
Commission a report on the occupancy of all the housing, of all
203
of the company-owned housing, and identify for us the extent to
which there are any Indians remaining in substandard housing
owned by Phelps Dodge? Could that information be provided to
the Commission ?
Mr. Orr. Yes.
Commissioner Freeman. What would you imagine would be
the time within which you could give this to us, sir?
Mr. Orr. Two or 3 months.
Commissioner Freeman. Could you indicate to us why it
would take so long to count 1,100 — Why it would take so long
to count 1,100 units?
Mr. Boland. Madam Chairman, if you will tell us what you
want and when you want it, you will have it.
Commissioner Freeman. Thank you very much. It seems to us
the company, if it is aggressively reviewing its housing to deter-
mine the extent to which it is substandard and it is aggressively
engaging in a program of integration, that if it is so doing
that at least the information that we would want could certainly
be made available to us by January 1.
Mr. Boland. Very good. We have been embarked on an active
program since 1964.
Commissioner Freeman. Well, I'm more disturbed, because
that's 8 years, and if it has taken 8 years to integrate and im-
prove substandard housing, then maybe we do need to put this
deadline on it.
Mr. Boland. We will make a complete report to you together
with all the problems which are attendant upon the effort, Madam
Chairman.
Commissioner Freeman. Thank you very much.
I would like to ask if Hecla Mining Company, Mr. Hunter —
Mr. Hunter, does your company provide any housing for its
employees ?
Mr. Hunter. Absolutely none.
Commissioner Freeman. You do not?
I have no further questions.
Commissioner Ruiz?
Commissioner Ruiz. What is the highest job level held by an
Indian at the Phelps Dodge?
Mr. Orr. Maybe Mr. Breen can answer that better than I.
Mr. Breen. I do not have the figures here with me right now,
Mr. Commissioner, but it is at the skill level, at the skilled
journeyman level, such as electrician, machinist, or something of
that nature.
Commissioner Ruiz. How about a foreman? Do you have one
foreman that is an Indian?
Mr. Breen. Well, I am calling this to you, sir, off of my head.
I did not — I was not prepared to answer these questions because
204
I didn't know they were going to come to me. If I had known I
would have told you every job that every Indian that we have
has.
Commissioner Ruiz. No, I was just —
Mr. Powell. Weren't we in touch with you regarding the fact
that we wanted you to come and what we wanted to talk about?
I think we were, in writing. We wrote you a letter, did we not?
Mr. Breen. You did not go into detail.
Mr. Powell. We gave you the general area.
Mr. Breen. Right.
Mr. Powell. Given the problems of employment that you have,
I think that you really were substantially on notice.
Commissioner Ruiz. What is the highest job level held by an
Indian at the Hecla Mining Company?
Mr. Glover. Head welder.
Commissioner Ruiz. A what?
Mr. Glover. A head welder, which is in the craft area.
Commissioner Ruiz. Do you have any foreman that is an
Indian?
Mr. Glover. Not at the present time, no. This man is a lead
man which is the next step to a foreman level.
Commissioner. Ruiz. You don't have in all of your employees
an Indian that has as high a job as a foreman ?
Mr. Glover. No.
Commissioner Ruiz. Are you aware of the fact that the Ana-
conda Copper Company on the Laguma reservation in New
Mexico has practically 100 percent Indian labor force?
Mr. Glover. No, sir.
Commissioner Ruiz. Do you think it might be a good idea to
find out what their affirmative action plan might be?
Mr. Glover. Yes.
Commissioner Ruiz. I would urge you to do so. It may come
up with some solutions.
No more questions.
Commissioner Freeman. Mr. Buggs?
Mr. Buggs. Mr. Breen, have there ever been, to your knowledge,
more than 51 Indian employees of Phelps Dodge at any one
time?
Mr. Breen. Yes, sir.
Mr. Buggs. How many more?
Mr. Breen. Well, sir, the 51 I think applied to Hecla. We
have 94 employees as of September 30th.
Mr. Buggs. Any more than 94 ?
Mr. Breen. Yes, sir, there have been.
Mr. Buggs. Do you know what the top number at any one
time has ever been?
205
Mr. Breen. No, sir, I do not, but I know it has been higher
than our present figure.
Mr. Buggs. Mr. Breen, do you know most of — The foreman
are pretty important people in a company like that, are they
not?
Mr. Breen. I would say that, yes, sir.
Mr. Buggs. Do you know most of them?
Mr. Breen. Yes.
Mr. Buggs. Do you know any Indian who is one?
Mr. Breen. Not at the present time I do not.
Mr. Buggs. So they would not be important foremen?
Mr. Breen. Well, they are at some of the lower foremen's levels
but there's none up in the top supervisory group.
Mr. Buggs. So they would not be important foremen?
Mr. Breen. Well, I'm not saying that they are not important,
sir. I mean listing them as we list them with EEO-1 reports,
there's none in the top supervisory group that is listed.
Mr. Buggs. Mr. Hunter, how long has the Hecla Mining Com-
pany been on the Papago reservation ?
Mr. Hunter. Two years and 9 months.
Mr. Buggs. How did you get there? Did you execute some kind
of contract with the tribe and/or BIA?
Mr. Hunter. Yes, sir.
Mr. Buggs. What does the tribe get out of the copper that
you are taking off its reservation?
Mr. Hunter. Well, they get a royalty from the copper. We
have not mined any copper. We are strictly in the development
stage at this time.
Mr. Buggs. But they will get a royalty?
Mr. Hunter. Yes, sir.
Mr. Buggs. How much of a royalty?
Mr. Hunter. I don't think that is my place. I really don't know.
That's not my department at all.
Mr. Sievwright. Is that pertinent to the Commission?
Mr. Powell. If you have that information, I think you're
obliged to —
Mr. Sievwright. It's a matter of public record. I think you
can probably get it from the Indians or we can furnish it if you
request us.
Mr. Powell. Do you have that information now?
Mr. Sievwright. We do not have it at the present time.
Mr. Powell. You have no idea what the answer to that re-
quest is?
Mr. Sievwright. I have no idea as to the answer to that ques-
tion.
Mr. Powell. But you will provide information to us?
Mr. Sievwright. If it is pertinent and the Commission re-
quests it, we will try to cooperate with you to give you whatever
information you specifically request.
Mr. Powell. I tell you now I think it is pertinent.
Mr. Sievwright. If you will give us a request for that —
Mr. Powell. We have given you the request.
Mr. Sievwright. Specifically, what is your request, sir?
Mr. Powell. Mr. Buggs asked, "What is the royalty that the
tribe gets for the copper that you will be taking out of the
mine?"
Mr. Buggs. The other question: Who were the primary indi-
viduals with whom you dealt in connection with the lease?
Was it BIA officials or the leadership of the Papago tribe? Do you
know?
Mr. Hunter. I can't answer that. I don't know.
Mr. Buggs. Mr. Powell, I think that's pertinent information
too.
Mr. Powell. Perhaps your counsel can provide us with that
information.
You are counsel to this company?
Mr. Sievwright. I am counsel for Hecla. Your question is
what individuals, what personalities, were involved? Or what
agencies ?
Mr. Buggs. Who made the decision in the final analysis that
the company would be granted an opportunity to mine on the
reservation ?
Mr. Sievwright. On the part of the Government or Hecla?
Mr. Buggs. On the part of the Government.
Mr. Sievwright. I can't answer that question. I do not know.
Mr. Powell. In order for these kind of arrangements to be
finalized, is it not true that the Bureau of Indian Affairs has to
sign off on it? Is that correct?
Mr. Sievwright. Well, on this agreement on the employment
practices agreement —
Mr. Powell. Is it the employment practices that you are ask-
ing about, Mr. Buggs?
Mr. Buggs. No, no. I'm —
Mr. Sievwright. This is an addendum, an exhibit to the
contract, and just to answer your question a little bit, the super-
intendent of the Papago Indian Agency signed it, recommended
for approval. The Director of Mines of Papago Council. General
Counsel, Papago Council. And the Area Director, Phoenix Area
Office, BIA.
Mr. Powell. So, in order for that agreement to be finalized, a
number of officials, two of whom were Bureau of Indian Affairs
employees, had to sign it? Is that correct?
Mr. Sievwright. Those people who I named signed it.
Mr. Buggs. Fine, I wonder if you would also provide for us,
207
Mr. Hunter, the kind of information that was also asked of
Phelps Dodge with respect to employment statistics as of now
and a copy of whatever affirmative action plan you are prepar-
ing?
Mr. Sievwright. The answer is similar to what Phelps Dodge
did. If you request certain information, we will be more than
happy to cooperate along that line, sir.
Mr. Buggs. All right. We would like to get as soon as you
can provide it for us a copy of the statistics on your employment
of persons by race together with any affirmative action plan
that you may have executed at the request of any agency of the
Federal Government.
Mr. Sievwright. We will give you that information.
Mr. Powell. That is by race and job category.
Mr. Sievwright. Similar to EEO-1 form, sir?
Mr. Buggs. That's right.
Mr. Powell. If that is helpful.
Mr. Sievwright. Right. We can do that.
Commissioner Freeman. Thank you, gentlemen. You may be
excused.
The next witness we are calling is Mr. Ronald Lupe.
Will you remain standing?
(Whereupon, Mr. Ronald Lupe was sworn by Commissioner
Freeman and testified as follows: )
TESTIMONY OF MR. RONALD LUPE, DIRECTOR OF PLANNING,
WHITE MOUNTAIN APACHE TRIBE
Commissioner Freeman. You may be seated. Thank you.
Mr. Michael Smith.
Mr. Smith. Mr. Lupe, would you please state your name and
occupation for the record ?
Mr. Lupe. My name is Ronald Lupe. I am White Mountain
Apache employed by the White Mountain Apache Tribe as Di-
rector of Planning.
Mr. Smith. Thank you. What in your opinion is the relation-
ship currently between the BIA and the tribal council in terms
of responsibility for decision-making in tribal issues at White
Mountain?
Mr. Lupe. You are asking me a question that is very broad
and very specific. Perhaps maybe a tribal council member can
give you a better answer to that.
But as an individual having worked as a tribal chairman for
the tribe, member of the tribal council, I can give you my own
personal experience.
In terms of decision-making, the tribal council makes the de-
cision with a stamp put on that decision by the Bureau of Indian
208
Affairs. Then you go into the direction of whatever decision
might have been made in terms of following that decision.
The Bureau of Indian Affairs has always — and I don't know
when it's going to stop — has run up against so much red tape
directed by the area office from the Washington level, not fol-
lowing up on some of the important decisions affecting the local
tribe, the White Mountain Apache; there are many bogdowns
in this decision-making in terms of the education improvement,
economic improvement, improvement in housing programs, im-
provement in the roads department. You name it and there's a
tremendous bogdown.
One of the excuses that I might reflect on is personnel and
then in terms of budgeting: Not enough money, not enough
personnel.
Mr. Smith. But this bogging down is in your view an impedi-
ment to the smooth operations of the tribal government?
Mr. Lupe. I would think so, yes, because under the trust rela-
tionship with the United States Government there is a clear
understanding that the recognized tribe has the right to deter-
mine its own destiny, and they have that right under the United
States Government.
But somehow there seem to be injustices, numerous misun-
derstandings, numerous bogdowns elsewhere down the line to,
well, curtail some of our direction that we want to go.
Mr. Smith. Let me turn to another topic. How would you com-
ment on the employment practices regarding Indians of off-
reservation private employers in the White Mountain area?
Mr. Lupe. Perhaps maybe I can give you a two-point answer
here. One is a border town, and one located on the reservation.
The local towns there we call Pinetop, Lakeside, and Show
Low. As far as the Government operation, between the chambers
of commerce, there is an understanding. There is an area of
negotiation, has always been. But in terms of meeting the indi-
vidual need, employment, there has always been that qualifica-
tion waved in our face: "You have to live here. You have to be,
etc., etc., etc."
One of the stumbling blocks here is, of course, that we are
Indians, and we are being told so many things since our country
was confiscated, so to speak, if you will. We are all bilingual at
White Mountain; 99.9 percent of us are bilingual. We have our
own religion, our own culture. We appreciate people, and the
White Mountain Apache tribe has made a tremendous effort in
economic improvement by their own hand, at their own expense.
And the local towns, the bordering towns, are increasing their
lot because of our existence in that area in terms of money.
But we are still being discriminated against jobwise. I'll give
you one example.
209
When I was chairman of the tribe I was promised by an indi-
vidual running for an office, the county sheriff, "If you vote for
me I will employ an Apache in Pinetop," which is a border
town.
Well, we elected him and reelected again. I have yet to see an
Apache employed as a county sheriff or a deputy.
These are some of the things that we are up against.
In the local on-the-reservation employment a real good experi-
ence that I have had is with a company located in McNary
which is on my reservation. It was leased to a mill, sawmill,
company some 50 years ago. I have not seen in my lifetime, which
is 42 years of age now and going some more I hope, a foreman,
an Apache made a foreman. Promotion seems to be in the way
all the time. At the heaviest peak of employment I would say
there has been at one time over 500 employed, but no more than —
at that time no more than 60 employed of —
Mr. Smith. What company are you referring to?
Mr. Lupe. The Southwest Forest Industries.
Mr. Smith. Thank you.
Mr. Lupe. Presently, I would say there are about 200 people
employed by the Southwest and no more than 20 Apaches are
working there presently, so there is a definite misunderstanding
in the employment situation between the private investor on
the reservation and the local landowner and the people who
reside on that reservation.
As the chairman of the tribe I have attempted to remedy
the situation at that time. Due to lack of promotion, due to lack
of — on the part of the company to hire Apaches, due to —
Well, there's the preference clause. You have heard about the
preference clause a while ago. But for some reason it's been
continuously overlooked.
What we have done to remedy this is to deny a continuous
contract of raw material with the Southwest. They have
threatened to move out. To this day we have not provided them
with timber, and they are still threatening to move out.
One of the experiences that I have had with the lease com-
pany and the tribe, I would urge all members of Indians, recog-
nized Indian tribes, to be very careful of going into a lease agree-
ment with a private investor. If there is such a negotiation
introduced in an industry on a reservation purely for economic
reasons make sure that you have 60 percent control or at least
that you have the majority of the vote control, a joint session
if that is to be, or otherwise own the whole industry. That is the
best method that we have found to cure some of our problems.
Mr. Smith. Let me ask you about one other topic. Would you
comment on some of the problems that you see in the area of
education for Indian children both in BIA schools and public
210
schools on your reservation?
Mr. Lupe. That again is very involved. I would have to sit
down with you for at least a couple weeks to give you a clear
picture of some of the problems we are facing in Indian educa-
tion.
Some of the problems that I see immediately are lack of cul-
tural program, traditions, beliefs, the sacredness that we as In-
dian people hold. These are not recognized by the teachers. There,
again, is lack of understanding.
You will find that a young student rejects a total foreign en-
vironment due to the fact that his makeup is Indian. His beliefs
and his behavior, his attitude, his pattern of living is totally
different from what we see in education inside a classroom.
For instance, you find me sitting here. I am using a language
that is used by an establishment, for instance. Up until 12 years
of age in my personal life I didn't understand this language that
I was, that I am using, presently. It was totally foreign to me.
So this is a tremendous handicap to the Indian people, and
I hope that the teachers, whoever they are, whoever have the
institutions of educating our people, understand this, and that
they recognize that we are totally different people.
In an attempt to control the schools, we have had numerous
hearings, subcommittee hearings from Washington; education
seminars, commissions of all types. We have had this type of
undertaking similar to what we are having here, experiencing
here. Sometimes you wonder what has happened to all of these.
You have made good suggestions. You have presented your feel-
ings wholeheartedly, in trust, in total respect to the people who
make up commissions and want to hear the Indian side, the point
of view. There seems to be no time limit established to when are
we going to upgrade, when are we going to realize what we
have talked about.
Mr. Smith. So you have seen no results from the Indian Educa-
tion Subcommittee hearings that were held during the past few
years ?
Mr. Lupe. The result is you read through the news media what
is happening in Washington, D.C. ; that there is a cutback of
education directly affecting the Indian people which affects this
particular institution here, the Indian school. And it affects all
the Indian schools in the entire United States.
And we have hollered for more. Look at this auditorium that
you're sitting in. Look at how many Indians come here. This
auditorium is too small. It is so, well, antique, so to speak; if you
look at the gymnasium right here at the Indian School —
There's a gradual elimination of these inadequacies, misunder-
standings, but it takes so long. It takes sometimes — you wonder
when it's going to stop.
211
Mr. Smith. Thank you. I have no further questions.
Commissioner Freeman. Thank you, Mr. Lupe. You may be
excused.
We now call Mr. Richard David.
(Whereupon, Mr. Richard David was sworn by Commissioner
Freeman and testified as follows: )
TESTIMONY OF MR. RICHARD DAVID, EMPLOYMENT ASSISTANCE
OFFICER, BUREAU OF INDIAN AFFAIRS, SAN CARLOS
APACHE RESERVATION
Commissioner Freeman. You may be seated.
Mr. Powell.
Mr. Powell. Will you please state your name, address, and oc-
cupation for the record ?
Mr. David. Richard David. I live at San Carlos, Arizona. I am
employed by the Bureau of Indian Affairs as employment assist-
ance officer in that agency.
Mr. Powell. I understand that you have been employed in this
capacity for 8 years, and 21/2 of those years have been at San
Carlos. Is that correct?
Mr. David. That's correct.
Mr. Powell. What is the unemployment rate at San Carlos?
Mr. David. It varies. It varies all the way from 55 percent down
to 25 percent. We have an immense number of impact projects
on the reservation, federally-funded programs, which tend to be
short-term. We also have interim or temporary employment.
Many of the men are engaged in cattle roundup operations which
are very temporary, very seasonal.
So at one point you could have a low unemployment rate of
25 percent. You could have a very high one of 55 percent. I'm
talking now about eligibles. We have a very large population of
chronically-unemployed we don't even consider eligible for em-
ployment.
Mr. Powell. I see. Well, what employment opportunities exist
in your area for members of the tribe?
Mr. David. They have been testified to several times. Usually
public health, Bureau of Indian Affairs, community action pro-
gram, the tribe, the public school, and finally the cattle operation.
Those are the major employers.
Mr. Powell. What has been your experience in attempting to
place Indian employees with local private employers?
Mr. David. Frustrating. We have in Globe, or Globe-Miami
area, a distance of about 30 miles from the reservation, a copper
industry. One firm in particular, the Inspiration Consolidated Cop-
per Company, is really the biggest operation there, and that's the
one with whom we have had the most frequent negotiations.
212
Mr. Powell. Let me ask you how large is San Carlos and
how many Indians are on that reservation.
Mr. David. Approximately 6,000 Indians on just about 2 million
acres.
Mr. Powell. Have you any idea of what the current em-
ployment level of Indians at Inspiration mines is?
Mr. David. Yes. I understand there are approximately 2,000
employees of that company, and our best estimate is we have less
than a hundred, and I believe it will range between 75 and 85 in
an actual head count, Indians employed at Inspiration.
Mr. Powell. I don't know if I had given you a chance to finish
the answer to that question about problems with attitudes of
employers. What are some of the excuses people at Inspiration
mines and other places give you?
Mr. David. You have heard it before. It's the high rate of
absenteeism, people who are undependable, basically. We have
unaggressive personalities. They are unable to promote them into
higher positions. They lack education. They are mute when they
should be speaking up. They have transportation difficulties.
They are — The usual range of excuses are offered.
Mr. Powell. Has there been a question regarding hiring
enough Indians to justify transportation and has that been frus-
trated or encouraged ?
Mr. David. Last fall, after the strike, the company began to
hire in fairly large numbers, and at that point the Bureau of
Indian Affairs offered a possible solution. It was our proposal
that we would operate a bus service, that we did have a bus at
our disposal, and we could possibly meet their three schedules.
We experimented with this. Regrettably, the company — We
had to use in this experiment those fellows who were already
employed there. We asked them to ride the bus. They were al-
ready using their own transportation. We wanted them to ride
the bus so that we could experiment with meeting their schedules
over there.
Hiring ceased after that in any large numbers, and we were
unable to bring new people onto the payroll, and these people
were the ones we would have targeted for the bus service.
So, ultimately, we wound up with a backlog of applications,
85 or 90.
Mr. Powell. Why did hiring cease?
Mr. David. I can't answer that question. I don't know.
Mr. Powell. There was transportation provided on an experi-
mental basis and then hiring ceased?
Mr. David. In the numbers that would have justified contin-
uing operating the bus.
Mr. Powell. Does the lack of Indian union membership pose
a barrier to Indian employment?
213
Mr. David. Yes.
Mr. Powell. Would you care to elaborate?
Mr. David. Our most frequent experience is that a man is
asked if he holds a card in his trade or craft, if he has paid his
dues. And if he does not, he doesn't get the job. There are som<»
contractors who do go out of their way to assist the men in
paying their union fees, but this is rare.
Mr. Powell. Must you be a member of a union to work on
some operations? I thought there was a right-to-work law in
Arizona.
Mr. David. There is.
Mr. Powell. They wink at it, apparently, from what I gather,
but why is it that an Indian has to be a member of a union to work
in some of these operations if there is a right-to- work law? Do
you know the answer to that? You might not.
Mr. David. I can only speak personally. There is a lack of mus-
cle to enforce it on a reservation. The Bureau is, as we have
testified before, fairly mute in this area.
Mr. Powell. In your experience, when qualified tribal members
are hired by local companies, are they hired at positions for
which they are qualified?
Mr. David. No. In the case of — Let's go back to Inspiration: We
have numerous referrals to Inspiration Copper of gentlemen who
have been trained under our vocational training program in
skills all the way from electronics technology down to welding.
To my knowledge, with the possible exception of some recent
hires at Inspiration, these people have been hired as laborers with
the promise of possible promotion at some time.
Mr. Powell. Mr. David, how closely do you work with the
assistant employment assistance officer at San Carlos Agency
who is a member of the San Carlos Apache tribe ? Do you consult
him on matters requiring intimate knowledge of tribal matters?
Mr. DAvro. Yes, he works in my office.
Mr. Powell. Do you feel that your program would be more
effective if you had an Indian working for the BIA doing this
sort of thing?
Mr. David. In the particular activity I'm in?
Mr. Powell. Yes.
Mr. David. Oh, yes. Yes. I would like to comment that there
are two Indians in my staff.
Mr. Powell. There are? I see.
How effective, in your estimation, is the State Employment
Service in servicing the needs of reservation residents ?
Mr. David. I can't speak specifically for the representative of
the State Employment Service at San Carlos because I know that
he gets numerous calls, generally for laborers. But my personal
experience with the State Employment Service in assisting people
214
and getting into their bulletinized jobs has been almost zero
accomplishment.
In the last year I have helped what I considered to be — and I
use the word dangerously, I suppose — qualified Indians apply
for jobs that were bulletinized through the State Employment
Service. Frequently they don't even receive a reply.
And this holds true even for those jobs that are designated
Emergency Employment Act and Public Service Careers jobs.
Mr. Powell. Other witnesses have testified that the Indian
preference clause in BIA construction contracts is ineffective.
Would you agree? And would you want to comment?
Mr. David. Yes, but I believe another panel member would
have more specific details. I really can't comment.
Mr. Powell. Madam Chairman, I have no further questions.
Commissioner Freeman. Mr. David, you may not be the
employee of the Bureau of Indian Affairs who could best answer
this question, but because you in response to Mr. Powell's question
referred to the lack of muscle, I would ask you please to specu-
late in this regard.
And that is if the Indians, if the tribal council, or if the
nation, any particular nation, had sole control over the resources
on the land which it owned, thereby having the right to exclude
absolutely without regard to any opinion of any Federal official a
company from mining or lumbering on its reservation, would, in
your opinion, this be a solution to the problems which you have
described ?
Mr. David. I don't feel completely adequate to answer the ques-
tion, but in some cases it might work well, but I'm afraid the
response from my industrial development colleagues would say
that such a clause would frighten people away, would frighten
away reservation development, which is a very active division
within the Bureau of Indian Affairs and within the tribal groups.
Such strength may, in fact, frighten free enterprise out.
Commissioner Freeman. The point that I'm making is that if
the Indians themselves are not going to benefit from the develop-
ment, they may find themselves of the opinion that they couldn't
care less whether the people are frightened away.
Thank you very much. You're excused.
Mr. David. Thank you.
Commissioner Freeman. Our final witnesses before lunch —
and I will call them now — are Mr. Glen Jones, Mr. Bruce Porter,
Mr. Henry Allen, and Mr. D. A. Reed.
Will you come forward with your counsel ?
Mr. Crockett. My name is C. Webb Crockett. I am an attorney
in Phoenix, Arizona. I am representing Glen Jones, Bruce Porter,
and their employer, Southwest Forest Industries.
215
Commissioner Freeman. Will the individuals who will be
giving testimony remain standing?
(Whereupon, Messrs. Glen Jones, Bruce Porter, Henry Allen,
and D. A. Reed were sworn by Commissioner Freeman and
testified as follows: )
TESTIMONY OF MR. GLEN JONES, DIVISION MANAGER, FOUR
CORNERS DIVISION, SOUTHWEST FOREST INDUSTRIES, McNARY,
ARIZONA; MR. BRUCE PORTER, PERSONNEL DIRECTOR,
SOUTHWEST FOREST INDUSTRIES, McNARY, ARIZONA;
MR. HENRY ALLEN, GENERAL SUPERINTENDENT OF
OPERATIONS, INSPIRATION CONSOLIDATED COPPER COMPANY,
INSPIRATION, ARIZONA; AND MR. D. A. REED, PERSONNEL
MANAGER, INSPIRATION CONSOLIDATED COPPER COMPANY,
INSPIRATION, ARIZONA
Mr. Ladendorff. My name is G. H. Ladendorff. I am an
attorney-at-law, 716 Arizona Bank Building, Phoenix, Arizona,
and I am representing Mr. Allen and Mr. Reed and Inspiration
Consolidated Copper Company.
Mr. Powell. Would each of you, beginning with the first wit-
ness on my left, please state your name and occupation for the
record ?
MR. Allen. My name is Henry Allen. I am general superinten-
dent of operations, Inspiration Consolidated Copper Company.
Mr. Reed. Dorman Reed, assistant director of industrial rela-
tions, Inspiration Consolidated Copper Company.
Mr. Jones. My name is Glen Jones, four corners division
manager for Southwest Forest Industries.
Mr. Porter. Bruce Porter, director of personnel for Southwest
Forest Industries at our wood products operation location in
McNary, Arizona.
Mr. Powell. Mr. Jones, would you please briefly describe
for us the nature of your plant and the kind of job opportunities
it offers ?
Mr. Jones. Could you repeat, sir? I've got an echo back here.
Mr. Powell. Would you please briefly describe for us the kind
of plant you have and the kind of job opportunities it offers?
Mr. Jones. Yes, sir. Our plant at McNary is the full lumbering-
manufacturing plant which includes sawmill, planer mills, mold-
ing factories.
The job opportunities that we have are — leaning very much
toward the Indian people. We do have some qualifications, but let
me clarify this now after listening to — Our qualification basically
is, if an Indian or people are willing and able to work, and this
includes passing a physical, this is all our qualifications amount to.
Mr. Powell. Well, we have heard complaints that Indians
who are hired by your company work exclusively in labor posi-
tions and are not employed in or promoted to managerial or
216
supervisory positions. Would you please tell us how many Indians
are employed at the various job levels in your plant?
Would you care to comment generally though about that
testimony that you only have Indians at the lower level posi-
tions ?
Mr. Jones. No, I think my personnel director can answer
that probably better than I can.
Mr. Powell. Fine.
Mr. Porter. Thank you, Mr. Powell.
The amount of Indians that we have employed at Southwest,
numberwise — and I might also add —
Mr. Powell. You might, so that we have it in context, give us
the total number of employees you have generally in each job
category and what percentage Indians constitute of that total
number so we can begin to have —
Mr. Porter. Okay. Now, in detailed breakdowns I do not have
percentages but I have numbers. This is also including our gen-
eral store, which is a company-operated store in the town site of
McNary — these figures.
Mr. Powell. Same facility?
Mr. Porter. Under the same facility. Correct. But not the mill
alone. We have a total of 281 employees. Of this the American
Indian is 62, which is approximately 23 percent.
Now, the breakdown of employees. We can, for instance, start
in the — this is the McNary production departments — the mill
operation itself.
Semi-skilled, we come into American Indians — We have two
swampers out of a total of five swampers.
We have lift drivers in the molding department. We have only
one lift driver in the molding department, and that gentleman
is an Indian.
In the planer department we have two feeders for the planer,
one of whom is an Indian.
Trimmermen in the planer department, we have three, one of
which is an Indian.
Molding department. Now, again these are semi-skilled jobs.
Molding department we have a total of nine men employed as
trimmermen, five of whom are Indian.
In the sawmill department we have a total of two tourmen,
one of whom is an Indian.
Coming down —
Mr. Powell. Well, it might be helpful— We'll get that informa-
tion in the record. You are now talking about semi-skilled, and you
broke it down to job qualifications. Semi-skilled, I take, ranges
from what to what in terms of pay scale?
Mr. Porter. In pay scale semi-skilled would probably come in
217
at approximately $2.93, $2.95 an hour, ranging up to approxi-
mately $3.20 roughly to $3.50.
Mr. Powell. In the semi-skilled field, general broad job classi-
fication, which meets that pay range, which is covered by that
pay scale you just indicated, are how many total employees that
you have in the semi-skilled broad job classification?
Mr. Porter. We have a total of 132 semi-skilled, 41 of whom
are American Indian.
Mr. Powell. 132, 41 of whom are American Indian. Now, what
is the next level up ?
Mr. Porter. Up is craftsmen or skilled, 47, of whom 3 are
American Indian.
Mr. Powell. Forty-seven. Now, that pay range is what?
Mr. Porter. That would approximate say $3.50 to $3.70, on
up to $5.25 an hour, which is the top pay scale for an hourly
employee.
Mr. Powell. All right. What is the next pay level above that?
Mr. Porter. The next pay level would be management basically
because our office and clerical people, of course, are not paid as
much.
Mr. Powell. How many management employees do you have?
Mr. Porter. We have 14 officers and managers.
Mr. Powell. Of that number, how many are Indians?
Mr. Porter. Zero.
Mr. Powell. You have none?
Mr. Porter. Correct.
Mr. Powell. So that your statistics support the testimony that
we have heard which is that such Indians as you have are found
almost exclusively I'd say — Let me see — 132 — How many were
Indians again?
Mr. Porter. Forty-one in the semi-skilled.
Mr. Powell. Forty-one. So of the 44 employees covered by
these two job categories, only three are in your higher —
Mr. Porter. In the skilled positions. Correct.
Mr. Powell. None are in your management level?
Mr. Porter. Correct.
Mr. Powell. How do you account for the absence of Indians
in supervisory and managerial positions at your plant, Mr. Jones,
or Mr. Porter, either one ?
You're the boss. Mr. Jones is the person who sets the policy
I take it.
Go ahead.
Mr. Porter. Well, let me just say that corporate sets overall
philosophy for employment practices, but we in our particular
area have certain areas that we have to kind of work with be-
cause of the present cultural problems. I think it's important
to note here before I get in to answer your question, Mr. Powell,
218
that we have Anglo, Spanish American, American Indian, and
Mexican — Did I say Mexican American ? — the four cultures work-
ing at our plant.
To answer your question as to why we do not have management
people of Indian heritage now employed, let me first say that we
have a positive approach to this. I, for one, would like to see an
Indian in a management position as far as supervisory capaci-
ties go, whatever the case is, in the plant. We have found that
because of turnover this has deleted a number of employees we
felt had potential — the turnover problem or leaving.
Mr. Powell. Do you have any orientation programs designed
to meet these problems for Indians ? Do you have any —
(At this point, Commissioner Ruiz was taken ill, and the hear-
ing was recessed, at 12: 25 p.m., until 2: 00 p.m. this date.)
AFTERNOON SESSION
2:18 p.m.
Commissioner Freeman. Will the hearing come to order?
Ladies and gentlemen, I am now proceeding with the closing
statement of this hearing.
We close this hearing at this time because of a grave and
unfortunate circumstance, the incident involving my colleague,
Commissioner Manuel Ruiz. We do not know at this time the
full impact of his physical well being arising out of the attack
he suffered on this platform earlier today.
We understand that he is resting now but that it will be
some time before a complete diagnosis can be made.
It seems to us appropriate that we empathize with Commis-
sioner Ruiz and that, because a substantial portion of the record
has been completed, we can now close it.
We came to Phoenix to learn about the problems from those
who have first-hand knowledge. We have learned a great deal.
We commend all those who have provided us with their special
knowledge and special expertise.
For the last 2 days, this Commission has heard testimony about
civil rights problems of Indians in employment, in health care,
in education, and in the administration of justice. We under-
stand that almost 60,000 Indian citizens live in the State of
Arizona, one of the largest Indian populations in the entire
United States. Their problems are legion, as we have been told
many times and in many ways by the witnesses who have
participated in this hearing. Some problems are unique to this
area.
And we commend the efforts and the persistence of those who
work toward a solution of the problems.
We are deeply impressed with the description of the many
219
ways that Indian families work with and for each other against
formidable odds.
We have heard how Indian people are stymied in their efforts
to move upward in their jobs by a system that promotes some
and passes over others.
We have heard about inadequate education for Indian youth
so they drop out of school bitter and disillusioned.
We have heard how rules and regulations in a tangle of differ-
ent jurisdictions frustrate efforts to provide desperately needed
services.
We have heard serious charges of neglect in health care.
We have also heard serious allegations about the administra-
tion of justice which call for investigation.
We are struck by the contrast in this beautiful city where
there is so much wealth and affluence while so many people suffer
deprivation of the most basic needs.
We have also been impressed with the dignity and courtesy
with which our many witnesses have described these serious
problems.
Arizona is not alone in these problems. They are duplicated in
other States having large Indian populations.
Our 2 days of placing this area under a microscope was not
an attempt to embarrass any individual or institution or the
State of Arizona but was an effort to begin the search for solu-
tions that may be applicable to this and other areas facing similar
problems. We believe a beginning has been made.
We came not to find fault but to find facts on which we can
base recommendations for action. Not only must these problems
be recognized but the appropriate offices must take affirmative
action to rectify them.
This Commission will formulate specific recommendations for
achieving solutions to these problems.
Now that this hearing has concluded, we hope that the at-
tention will not disappear. It has been our experience in many
areas of the Nation that Commission hearings have had an im-
pact and have led to the solution of many problems. We sincerely
hope that this hearing will have the same effect on Phoenix, and
Arizona as a whole.
As this hearing closes, I wish to again point out that witnesses
at Commission hearings are protected by the provisions of Title
18, United States Code, section 1505, which makes it a crime to
threaten, intimidate or injure witnesses on account of their at-
tendance at government proceedings.
Before we make the final statement of adjournment, I would
like to call upon the general counsel for the procedural arrange-
ments that must be made for the collecting of the information
220
that would have been obtained from the witnesses now under
subpena.
Mr. Powell.
Mr. Powell. There are at least two classes of people from
whom we would have heard. One class is those people who have
been subpenaed. With respect to those people, Commission's staff
will be in touch with them either in writing or in person to
obtain the information to which they would have testified.
We expect and trust that we will get full cooperation from
each of those witnesses from the point of view of completing
our record.
There are also people who were not scheduled but who were
going to be given an opportunity to testify. Those people should
either present to us now their written statements or else send
those statements to the United States Commission on Civil Rights,
Office of General Counsel, 1121 Vermont Avenue, Washington,
D.C. 20425.
The statements can be either mailed or presented to us now.
Thank you very much.
From the Floor. We just want to talk now, not mail any-
thing.
Mr. Powell. Unfortunately, due to the condition of Commis-
sioner Ruiz, we are not going to continue that aspect of these
proceedings.
Commissioner Freeman. Ladies and gentlemen, this hearing
of the United States Commission on Civil Rights is adjourned.
Thank you very much.
(Whereupon, at 2: 27 p.m., the hearing was adjourned.)
ADDITIONAL TESTIMONY
Due to the illness of one of the Commissioners, the public
testimony at the Phoenix hearing was prematurely halted. Certain
witnesses who had been subpenaed and were scheduled to testify
were, therefore, not heard in public session. Their testimony was
secured subsequently in one of two ways: They were asked to
either acknowledge a statement of testimony prepared by Com-
mission staff on the basis of previous interviews; ~or to respond
to questions which would have been put to them orally had they
testified. The prepared statements and answers to questions
follow.
Summary of Statement in Lieu of Testimony of Mr. Frank
Peres, Chief Road Engineer, Bureau of Indian Affairs, San
Carlos Apache Reservation
I have been employed by the Bureau of Indian Affairs for 18
years, 12 of which have been on the San Carlos Apache Res-
221
ervation. As Chief Road Engineer I am responsible for road
construction on the reservation. Virtually all road construction
by the BIA on the San Carlos Reservation is done under con-
tract by private operators.
The record of private road construction contractors regarding
the hiring of Indians on construction jobs has been poor. Few
Indians are hired at any level. Promotion of Indian employees
is infrequent. In discussing this situation with private employers
their response has been that few Indians are hired because few
are qualified and few are union members. There are qualified
Indians living on the reservation who are denied employment
opportunities in construction positions for which they are quali-
fied. Employers make little effort to locate such individuals. It
is true that few Indians belong to unions. This is because it is
difficult for Indians, who normally only obtain part time work,
to pay the high union membership fees.
BIA construction contracts require that preference be given
to "local residents." This is interpreted to mean local Indian
residents. By and large such preference clauses are ineffective.
Because of their vague wording it is impossible to monitor them.
In 18 years with the BIA I have never known of a construction
contract to be cancelled or a contractor to be ruled ineligible by
the Bureau because of his hiring practices.
From time to time road construction work at San Carlos has
been performed by Indian owned and operated companies under
the Buy Indian Act. These companies have always performed
according to Federal specified standards and have hired Indians
at all job levels. In my estimation their experience has demon-
strated that it is possible to obtain Indian manpower from local
reservations to fill virtually all road construction jobs.
Summary Statement in Lieu of Testimony of Mr. Floyd
Mull, San Carlos Apache Tribal Council Member
I have lived on the San Carlos Apache Reservation all my
life. Until recently I was the owner and operator of the Floyd
Mull Construction Company, one of the few Indian owned con-
struction companies in the State of Arizona. It was operated for
about five years and employed about 20 people on construction
projects under contract from the BIA. Most of these contracts
were pursuant to the Buy Indian Act, legislation allowing the
BIA to accord preferential contracting status to Indian owned
and operated companies.
Recently I received word from the BIA Road Engineer on the
reservation that due to a reinterpretation of the Act my company
would no longer be entitled to preferential treatment but must
be held to the same standards as other companies. One conse-
quence of this was that the company would have to be bonded at an
222
amount equal to the face value of the contract. The effect of
this financial burden was to put us out of business. This rein-
terpretation will make it difficult for any Indian owned construc-
tion companies to operate in the future.
My company hired virtually all Indian employees. In con-
trast, white owned construction companies operating on the res-
ervation under BIA contracts hire few if any Indians. The
tribe has been concerned with this situation since it knows that
there are Indian people qualified to fill many of the jobs for which
they are not hired. Unfortunately there is nothing the tribe
can do to force the BIA to monitor the employment practices
of its contractors.
The record of the State Highway Department has also been
poor in this regard. Few Indians are hired on State highway
construction projects on or near the reservation. Few Indians
are hired on State highway maintenance crews.
223
Washington, D. C. 20425
DEC 2 1972
Mr. William A. Ordway
Deputy Highv;ay Director
Arizona Highway Department
206 South 17th Avenue
Phoenix, Arizona
Dear Mr. Ordway:
When the Commission's hearing in Phoenix, Arizona, this November was
unavoidably cancelled, due to Commissioner Ruiz1 illness, Chairman
Freeman stated that the Commission would continue the investigation
of Indian civil rights problems and complete the record of the hearing.
To carry out this mandate we are sending you questions for completion.
These questions would have been posed to you at the public session
had you had a chance to testify. Your answers will become part of
the hearing record, to be published by the Commission.
Please answer these questions fully and make whatever additional
comments relevant to the subject matter you feel are necessary. As
it is essential to complete the hearing record as soon as possible,
I would appreciate your returning your answers to this office no
later than December 15, 1972.
Thank you for your anticipated cooperation.
Sincerely,
(The above letter was also sent to Messrs. T. U. Madrid, A.
Loring, J. Artichoker, C. Geiogamah, J. S. Dunn, J. F. Smith, C.
Pattea, A. N. Brown, and H. Atkinson.)
224
Questions for Mr. William A. Ordway, Deputy Director,
Arizona Highway Department
1. What are the functions of the Arizona Highway Depart-
ment with respect to building and maintaining Federal and
State roads in Arizona?
2. How much Federal money and how much State money was
appropriated for Arizona roads and highways during the
past three fiscal years ?
3. For what purposes were these Federal and State funds
spent?
4. With regard to these public funds, does the Arizona Highway
Department have a policy requiring that they be spent in a
nondiscriminatory manner so that all citizens, including
Arizona Indians, will benefit from such expenditures equal-
ly? If so, what is the nature of this policy?
5. What specific action has your Department taken to imple-
ment the recruitment and hiring of Indians ?
6. What is the total number of persons employed by the Arizona
Highway Department and how many of this total are
Indians?
7. It is our understanding that the majority of your Indian
employees are located in District 4, which is primarily the
Navajo reservation. Is that correct? If so, why?
8. There are a number of Indian reservations in the Phoenix
and Tucson areas such as the Salt River Reservation, the
Gila River Reservation, and the Papago Reservation, to name
a few. The Commission has been told that although vast
untapped Indian manpower is available on these reserva-
tions very few Indians are employed by your Department in
these areas. Would you please comment on this?
9. Inasmuch as on-reservation construction of Federal highways
first requires the granting of rights-of-way by the tribes
involved, could not the tribes condition the granting of
such rights-of-way on preferential hiring for their tribal
members? Has this ever been done in the State of Arizona?
10. What specific plans have either the Arizona Highway Depart-
ment or the Department of Transportation developed to
make certain that new contract requirements, respecting
the minority employee percentages of private contractors,
are, in fact, complied with ?
225
JACK WILLIAMS
GOVERNOR
LEW OAVIS
RUDY E CAMPBELL
VICE CHAIRMAN
WALTER W SURRETT
WALTER A NELSON
WM. N. PRICE
STATE HIOHWAV ENOINKIR
LEN W. MATTICE
Arizona State Highway Commission
Phoenix, Arizona
December 14, 1972
Mr. John H. Powell, Jr.
General Counsel
U.S. Commission on Civil Rights
1121 Vermont Avenue, N.W.
Washington, D.C. 20425
Dear Mr. Powell:
Thank you for your letter of December 2, 1972, requesting cer-
tain information in connection with the hearing held in Phoenix
in November on Indian Civil Rights problems.
In reply to your specific questions the following information
is submitted:
1. The Arizona Highway Department has the responsibility
for planning, constructing and maintaining the Federal
and State Highway System in Arizona. Additionally, it
has responsibility for the management of the State Motor
Vehicle Division and the Arizona Highways Magazine.
2. Following is a compilation of the Federal and State ex-
penditures of the Department for the past 3 years 5 months.
(Not included are the Motor Vehicle Division or the Arizona
Highways Magazine.)
Federal
State
Fiscal Year
Funds
Funds
Total
1969-1970
62,733,891
32,
.593,221
95,327,112
1970-1971
57,588,507
46,
,540,312
104,128,819
1971-1972
65,732,330
47,
,784,509
113,516,839
1972-1973 (5
months )
29.057.254
8,
,751.302
37.808.556
Total
215,111,982
135,
,669,344
350,781,326
226
3. The funds were spent for the purposes set forth in the
answer to Question No. 1, except as noted above.
4. The Department has had a long-standing policy of Equal
Employment Opportunity. Attachment No. 1 is a copy of
the current up-dated policy, dated September 7, 1971.
5. In an effort to increase the number of Indian employees —
a number in which we are disappointed — the Department has
in the past two years undertaken the following affirma-
tive action program:
a. Established an Equal Employment Opportunity Branch
in the Personnel Division for internal employment
and an Office of Equal Employment Opportunity re-
porting to the Assistant State Engineer for Highway
Operations, which works with contractors to insure
compliance with the EEO provisions of the Federal
Highway Administration Act. The Department is one
of three State agencies to have EEO Specialists on
its staff.
The EEO Branch in the Personnel Division is staffed
with a Specialist and a part-time secretary; the
Office of Equal Employment Opportunity, working with
the contractors, is staffed with two Specialists and
a secretary.
Mr. Benitez, who was the original appointee to head
up the EEO Branch in Personnel in May, 1970, suffered
a severe stroke in October and Mr. Madrid was appointed
in March, 1971, to replace him.
Mr. Arthur Loring, who heads up the Office of Equal
Employment Opportunity for contract compliance, was
appointed to his position in September, 1968. His
assistant was added in August, 1971.
Under Mr. Madrid's guidance a stepped up recruitment
and appointment program has been initiated. At the
time he entered on duty the Department ' s minority
representation was 436 employees representing 11%
of the total. As of November 1, it was 626 employees
or 15% (78 or 12.4% of all minority employees are
Indians) . Our goal for minority employment this fis-
cal year is 18%. It might be of interest to note that
minorities make up 21% of the available Arizona labor
force. We anticipate difficulty in achieving that
goal since our recruitment requirements in part have
been substantially reduced due to the withholding of
227
highway construction funds by the Washington Office
of Management and budget and the failure of Congress
to pass a highway appropriation measure, both of
which are forcing cutbacks in our construction pro-
gram. A similar situation faces contractors.
In this State recruitment responsibility for State
positions rests with the Arizona State Personnel
Commission which works with the State Employment
Service. No funds are appropriated to the Depart-
ment for recruitment. However, to augment the Per-
sonnel Commission and Employment Services recruiting
efforts the Department has taken the following steps:
(1) Established personal contacts with 129 minority
community organizations, including 20 Indian organ-
izations, to solicit their assistance in encouraging
and assisting minority people to apply to the Per-
sonnel Commission for Highway jobs.
(2) Mailed monthly lists of Highway jobs for which
there are recurring opportunities for employment to
each of these organizations.
(3) Made a number of trips to Indian organizations
to acquaint them with our employment opportunities,
to encourage their assistance and to counsel and
assist interested Indian applicants whom these or-
ganizations arrange to be interviewed. In a recent
trip to Tuba City (Navajo Reservation) Mr. Madrid
was able to assist seven applicants in filing for
positions. Additionally, Department representatives
have attended two Career Days at Tuba City on invita-
tion from the High School.
(4) Participated with the Personnel Commission in its
active on-going project to review qualification re-
quirements for State positions to insure job relevance
and eliminate artificial barriers. Mr. Madrid and
others on the Personnel staff have been working with
the Commission in revising the qualification require-
ments to eliminate educational requirements or lower
experience requirements, or both. To date qualifica-
tion requirements have been revised for 37 positions
in the Highway Department. From the Indian employ-
ment standpoint the most important of these has been
the elimination of the educational requirement and
reduction of experience requirement for Highway Main-
tenance Man I, II and III, Equipment Operator I, II
and III, Laborer and Clerical positions. This will
be a continuing project.
228
In cooperation with the State Personnel Commission
the Highway Department has recently worked out a new
procedure to fill all clerical positions. This pro-
cedure is now being tested and if it meets expecta-
tions will be adopted throughout the State service.
This new system reduces or eliminates irrelevant
educational qualifications and examination require-
ments. It seeks to select applicants on the basis
of actual job requirements and applicants ability
and interests.
Under this system the Highway Department makes a
special analysis of the clerical jobs as to the
specific needs of each position. Referrals are
made when the items on the special analysis sheets
correspond to the items on the individual applica-
tions submitted by applicants. Thus, the process
matches people to the job in terms of personal abili-
ties, skills, attributes, and interests. It will
enable the Highway Department to quickly fill cler-
ical jobs with satisfied employees.
These steps tend to humanize and personalize the
clerical selection and placement process and will
hopefully enhance minority employment in this field
in the Highway Department. It should be noted that
self -evaluation, applicant interests and preferences
plus performance testing constitutes the selection
process with considerable weight given to the appli-
cant ' s interest and preferences .
(5) Kept all field personnel, particularly super-
visors, aware of the Department's minority goals
and emphasized to them the need to solicit and
assist minority applicants to file for our posi-
tions.
(6) Included in our Basic Supervisory Seminar train-
ing program a two hour presentation of the Depart-
ment's minority recruitment and up-grade training
program by Mr. Madrid. To date 25 Seminars have
been held covering more than 500 supervisors.
(7) Prepared quarterly reports which are submitted
to supervisory personnel showing the status of the
program. Mr. Madrid also prepares a detailed annual
report for distribution showing the breakdown by
minority groups for each of our major organizational
segments.
229
6. As of December 1, 1972, the Department had 4,040 filled
positions of which 81 were Indians.
7. About one-third of our Indian employment is in District 4.
This arises because of the miles of State highways on the
Reservation in this District — 71% of the total miles of
highways on the four Reservations mentioned is in District 4.
There are three Maintenance Camps on the Reservation with
30 positions, 29 of which are filled with Indians. Five
vacancies have occurred since January 1, 1972, all of which
were filled by Indians. By area the Navajo, Hopi and Joint-
use land covers about 70% of the District. The Navajo popu-
lation greatly exceeds the combined total of the other three
Reservations.
8. The Department has no Maintenance Sections on any Reservations
in Districts 1 and 2. It does, however, have 4 Sections with-
in a 20 mile radius of the borders of the Salt River, Gila
River and Papago Reservations which maintain highways on the
Reservations. Of the 599 miles of roadway in these Sections
141 are on Indian Reservations.
The Department has a total of 57 positions at these four lo-
cations, 6 of which are filled by Indians. During the past
2 years there have been 3 vacancies at these Sections, one
of which was filled by an Indian applicant. District Engi-
neers report that they have never been successful in re-
cruiting Indians for their positions as they are unwilling
to move off the Reservations and the commuting distances are
too great to make the positions attractive. This is confirmed
by the fact that, although contacts have been made with Tribal
organizations and monthly vacancy lists mailed to them, we
have never had an application forwarded to us.
9. Since most of the roads built on Indian Reservations is done
by the Bureau of Indian Affairs and subsequently taken over
by the Department for maintenance, there has been only a
minimum of right-of-way action taken by the Department. No
request has ever been received for a preferential hiring
agreement in connection with the purchase of right-of-way.
We doubt that the Department could enter into such an agree-
ment since the legal responsibility for recruitment rests
with the State Personnel Commission whose rules provide for
an equal employment opportunity program for all State posi-
tions. Additionally, the administration of such an agreement
would raise very difficult problems. A relatively small num-
ber of specialized highway employees (engineers, surveyors,
inspectors, laboratory specialists) are required at each pro-
ject. (Most of the employees on a project work for the con-
tractor.) Indians having these skills are in extremely short
230
supply and, irrespective of any preferential hiring agree-
ment, we would welcome the opportunity to consider them any
time applications would be received providing they would
show some willingness to move from project to project and
possess minimal knowledge and/or experience.
10. The Arizona Highway Department adheres to the plans and
procedures laid down by the Federal Highway Administration
to insure that requirements respecting minority employment
are followed. The requirements are set forth in the call
for bids and included in the contracts. A pre- job confer-
ence is held with the Contractor at which these requirements
are fully explained and he is given a copy of Contractors
Affirmative Action Guideline with supplementary reporting
forms. He is required to submit monthly reports which are
reviewed and in-depth on-site audits are periodically con-
ducted. In the event of deficiencies or failure to comply
the Contractor is given a warning notice and a reasonable
opportunity to take remedial action. Failure to do this re-
sults in the cancellation of the contract.
Very truly yours,
W . A . Ordway
Deputy Director
Attachment
231
ATTACHMENT ffl
Minority Employment AHDM-V-SIX-B-1- 1
1.04
SzptzmbzA. 7 , J97 1
Chapter 1
non-discrimination policy
1.01 PURPOSE
The purpose of this chapter is to set forth and re-
emphasize the Arizona Highway Department's policy of non-
discrimination to assure that all applicants and employees
receive fair and equal treatment.
1.02 POLICY
The Department will assist and work with the Arizona
State Personnel Commission in a continuing intensive program to
recruit minorities and provide them, within available
resources, opportunities for upgrade training and promotion.
Wo employee shall discriminate against another employee in
compensation, or in terms, conditions or privileges of
employment because of race, sex, religious creed, national
origin or ancestry.
1.03 AUTHORITY
This policy is based upon Rule 2.11 of the Arizona State
Personnel Commission. The Department fully supports both the
letter and the spirit of that ruling.
1.04 PROCEDURES
a. All employees are encouraged to assist in the
Department's minority recruitment effort. Contacts should be
made with minority organizations to solicit their assistance
and minorities sought out and assisted in applying to the
Arizona State Personnel Commission for positions.
b. All employees are expected to work together
harmoniously as a team in accomplishing the Department's
programs. Fairness, understanding and tolerance are basic
requirements .
c. Supervisors and employees within the scope of their
responsibility must:
(1) Insure that employment, promotions and transfers
are made solely on the basis of merit.
(2) Gain the respect and confidence of all by
insuring that work assignments, overtime, equipment, and
working conditions are equitably administered consistent with
work requirements and job classifications.
232
AHDM-V-SIX-B-l-2 Minority Employment
1.05
Se.pte.mozi 7 , 19 7 1
(3) Make extra efforts to train those employees
whose culture, language or experience is different.
(4) Avoid actions, statements, comments or names
which reflect unfavorably or ridicule another's race, sex or
religious conviction.
(5) Demonstrate respect for those beliefs which
others may hold even when one does not fully agree with them.
(6) Show patience and consideration when others take
longer to understand or learn.
(7) Seek to inform themselves on the problems of the
minority races and join with other enlightened citizens in
working together to eliminate these problems.
1.05 DISSEMINATION
Supervisors will insure that all employees are informed
of the contents of this chapter. A copy will be permanently
posted on all bulletin boards.
233
Questions for Mr. Trinquilino U. Madrid, Equal Opportunity
Representative, Arizona Highway Department
1. Please describe your duties as Equal Opportunity Representa-
tive for the Arizona Highway Department.
2. What specific actions has your Department taken to imple-
ment an affirmative policy regarding the recruitment and
hiring of Indians?
3. Specifically, what have you done to recruit Indian employees
on a statewide basis?
4. Have you made recent recruitment trips to Indian reserva-
tions ? If so, where and when ?
5. Prior to these recent trips, when was the last time you actually
visited Indian reservations to inform tribal members of em-
ployment opportunities with your Department?
6. Do you have any comments regarding the reason why virtually
all of your Indian employees appear to be Navajos, and why
virtually none are found in Southern Arizona?
Answers from Mr. Trinquilino Madrid, Equal Opportunity
Representative of the Arizona Highway Department
I. Initiate and promote an aggressive minority recruitment
program:
A. Personal contacts have been established with 129 minority
community organizations including 20 Indian organiza-
tions to solicit their assistance in encouraging and assist-
ing minority people to apply to the Personnel Commission
for Highway jobs.
B. Monthly lists of Highway jobs for which there are re-
curring opportunities for employment are mailed to each
of these organizations.
C. I coordinate with Arizona State Employment Service
Offices in recruiting minorities where job vacancies occur.
D. Minority applicants referred to our office are assisted
in filling job application forms.
E. Cooperate with local manpower training programs by
accepting trainees for on-the-job training with the High-
way Department. Upon completion of training program
successful trainees were not being hired by the Depart-
ment so meetings were held with Supervisors to obtain
a commitment to hire these individuals. Representatives
from local manpower training programs met in my office
to discuss utilization of these trainees. Absent from this
meeting was the representative employed by the Indian
Development District of Arizona.
F. I place Neighborhood Youth Corp trainees (NYC) with
the Department during the summer months maintaining
234
job records, issuing" and distributing payroll. The De-
partment also maintains a Summer Employment Program
on a statewide basis. The Arizona State Employment
Service Offices are responsible for recruiting but attempts
are made by me to see that minorities are being con-
tacted. Our past summer employment goals have been set
at 60 to 70 percent of hires being from disadvantaged
groups.
G. Counsel employees and applicants by providing career
counseling, promotional opportunities and identifying
training needs.
H. Investigate formal and informal complaints.
I. Participate in our Agency's Supervisor's Training Semi-
nars which are scheduled at every one of our seven
district offices. The objective of my presentation is to
make supervisors aware of their equal employment re-
sponsibilities.
J. The Personnel Commission has an active on-going pro-
ject to review qualification requirements for State posi-
tions to insure job relevance and eliminate artificial bar-
riers. I have worked with the Commission in revising the
qualification requirements to eliminate educational re-
quirements or lower experience requirements, or both.
K. I compile and submit a quarterly report to supervisory
personnel showing the status of our Equal Employment
Program.
II. Our Department's affirmative policy regarding the recruit-
ment of Indians is as follows: extensive recruitment in areas
near to or on the reservation when job vacancies occur ; con-
tact agencies concerned with Indian employment; particu-
larly meet with Indian employees to request their assistance
to inform other Indians of job vacancies ; utilize Department
Personnel to notify local agencies of jobs. Indians now em-
ployed as Highway Maintenance Man are presently obtaining
on-the-job training which will enhance their promotional
opportunities.
Further, the Motor Vehicle Division is presently utilizing
8 Hopi Indian Agents and 4 Navajo Agents. We have also
trained 6 Navajo Policemen and 1 Navajo Clerk to do the
Financial Responsibility pick-up work and paper distribution
for the entire Navajo Nation. At the present time the ex-
aminer assigned to Window Rock is a Navajo, and he services
Teec Nos Pas, Kayenta, Ganado, Chinle and Window Rock.
Whenever possible to fill any vacancies we endeavor to recruit
Indians for Reservation work or anywhere within our or-
ganization where they are qualified. A great deal of the
problem with our work on the Reservation is that we are
235
continually challenged with reference to the constitutionality
of the enforcement of our laws. We have also used Indians
for interpreters throughout the state.
III. Indian organizations on our mailing lists receive monthly job
vacancy lists and contacts are made with local agencies or or-
ganizations concerned about Indian employment. Attempts
are made by my office to utilize staff personnel in local em-
ployment offices to recruit and assist Indian applicants.
Arizona Highway Department staff has participated in 2
Career Day Programs at Tuba City, which is on the Navajo
Reservation.
IV. Recent recruitment trips were made on March 8 thru the
10th in District IV, V, and VII.
The District IV Engineer called our office to notify me of
3 job vacancies at Chambers, Arizona, which is near the
Navajo Indian Reservation. He requested that attempts be
made to recruit qualified Indians for these positions.
I met with an Indian employee at the Winslow Arizona State
Employment Service Office to request his assistance in re-
cruiting qualified Indians. During our conversation he ad-
mitted that too often they were unable to place qualified
Indians on jobs due to Indians' reluctance to relocate.
Further meetings were held with the Chambers Maintenance
Foreman, and the Ganado Maintenance Foreman, located
on the reservation. Also a meeting was held at the Ganado
and Klegtopah Chapter Houses to notify them of the vacan-
cies. Job application forms were later mailed to both Chapter
Houses.
On August 22, 1972, a recruitment trip was made to Cameron
where a meeting was held at the Cameron Chapter House
with six potential applicants for Highway Maintenance Man
I positions. Each one of these individuals were assisted in
filling out job application forms ; two of the applicants were
eventually hired. A further meeting was held with Arizona
Highway Department Indian employees to review present
working conditions at the installation.
V. On November 9, 1972, I met with Indian employees at Came-
ron due to requests for information regarding promotions,
salaries and the Agency's grievance procedure.
VI. The Arizona Highway Department's "Turn-Over" ratio
has been less than 1V&% the past year with the majority of
vacancies occurring in the Phoenix area. There have been
practically no job vacancies in Southern Arizona due to the
lack of construction and a cutback of maintenance work.
The lack of work has made it necessary for the Depart-
ment to transfer several employees to other Districts,
especially to the northern part of the State. This too has
236
created employee problems especially those with several years
of service and who are not willing to relocate elsewhere. Sev-
eral terminations have occurred as a result. As stated above
the Arizona Highway Department will continue to recruit
qualified Indians on or near reservations and to hire them
when vacancies occur.
237
Questions for Mr. Arthur Loring, Equal Opportunity Coordi-
nator, Arizona Highway Department
1. As Equal Opportunity Coordinator what are your duties
and responsibilities (especially with respect to compliance
reviews of private contractors who contract with the Arizona
Highway Department) ?
2. Do you review only those contractors who contract to build
federally financed highways, or do you also review con-
tractors who contract to build State roads with State funds?
3. Do you know the reason why your Department has not estab-
lished a policy requiring you to review all contractors for
compliance ?
4. Who determines whether a contractor is not complying with
his minority hiring requirements, your office or the Depart-
ment of Transportation ?
5. Do you encourage contractors to hire all minority groups
such as Indians, Mexican-Americans, Negroes, and others?
6. If a contractor hired a fair percentage of minority employees
but no Indians, would he, nonetheless, be considered in compli-
ance with your requirements?
7. Have a number of companies been found in noncompliance
for failure to hire Indians and other minorities in sufficient
numbers in Arizona? If so, have any been found in noncom-
pliance for this reason more than once?
8. Has any action been taken either by your Department or the
Department of Transportation to terminate contracts for
this reason? If not, why not?
9. Can you cite employment statistics of private contractors
in Arizona which show that they hire few or no Indians?
10. In your opinion, are highway contractors in Arizona coopera-
tive in their efforts to comply with their minority hiring
requirements, or is a constant watchdog procedure neces-
sary to prod them into compliance?
11. It is our understanding that under present contract require-
ments the minority employee percentage of private con-
tractors is supposed to range from 10 to 15%; that as of
December 1, 1972, this percentage will be increased to
15-20% ; on December 1, 1973, this percentage will again be
increased to 20-25% ; and finally, that on December 1, 1974,
private highway contractors in Arizona will be required under
the terms of their contracts with your Department to have a
minority employee percentage ranging from a minimum of
25% to a maximum of 30%. Is that correct? If so, when were
these new requirements added to highway contracts, and
are they part of the Arizona Plan ?
12. What specific plans have either the Highway Department
or the Department of Transportation developed to make
238
certain that these new contract requirements are, in fact,
complied with?
13. Do you believe that the contractors will achieve these newly
established requirements for increased minority hiring? Why
or why not?
239
Answers from Mr. Arthur Loring, Equal Opportunity Co-
ordinator of the Arizona Highway Department
1. As Equal Opportunity Coordinator my duties and responsi-
bilities primarily involve the administration of the con-
tract compliance aspect of the EEO Program by monthly
report evaluations and periodic in-depth reviews to deter-
mine whether contractors and subcontractors on federal-
aid highway construction are fulfilling the EEO contract
requirements of the bid conditions.
2. Only those contractors and subcontractors who are under
contract for work on federally financed highways are re-
viewed.
3. The department has not established a policy requiring re-
views on non-federal-aid highway construction projects.
4. When a review is conducted by the EEO office of the
Arizona Highway Department, this office makes a deter-
mination of compliance or non-compliance, subject to
FHWA concurrence.
5. Contractors are encouraged to hire all minority groups.
6. A contractor could be considered in compliance with EEO
contract requirements under the new bid conditions of the
"Arizona Plan" if he has an acceptable percentage of minor-
ities in each trade used, despite the fact that he may have no
Indians, or no Orientals, or no Negroes, or no Spanish Ameri-
cans. The contract provisions require a minimum minority
man-hour percentage for each trade, but this total percent-
age figure is not subdivided for each ethnic group.
7. According to the contract provisions of the new bid condi-
tions of the "Arizona Plan," no contractor or subcontractor
shall be found to be in non-compliance solely on account of
its failure to meet its goals within its timetables, but such
contractor shall be given the opportunity to demonstrate
that it has instituted all of the specific affirmative action
steps specified in Part II and has made every good faith effort
to make these steps work toward the attainment of its goals
within its timetables, all to the purpose of expanding minor-
ity manpower utilization on all its projects in the Tucson-
Phoenix area.
A couple of contractors have been found to be in non-
compliance not solely because of insufficient minority man-
power but because they lacked a viable EEO Program and
had not put adequate effort into implementing the required
affirmative action steps stipulated in the contract.
8. The Arizona Highway Department follows the FHWA In-
terim Construction Contract Compliance Procedures, which
are in accord with the general guidelines promulgated by
the Department of Transportation and the Office of Federal
240
Contract Compliance, Department of Labor. These procedures
and the contract provisions of the new bid conditions of the
"Arizona Plan" require that the contractor be given time
to correct deficiencies and to demonstrate good faith efforts
to comply with all EEO contract requirements. In the past,
contractors who were not in compliance have taken all
necessary actions to correct deficiencies and no contracts
have been terminated.
9. Attached are sheets of statistics, showing month by month
totals and percentages for employees on federal-aid highway
construction projects from January of 1970 to August of
1972.
10. Most contractors do try to comply with minority hiring re-
quirements.
11. The percentages indicated in question 11 are correct and
these goals and timetables were incorporated into highway
contracts in Arizona, effective January, 1972.
12. The FHWA has specifically spelled out construction contract
compliance procedures which the Arizona Highway Depart-
ment follows.
At the pre-job conference, the EEO contract requirements
are fully explained to the contractor and he is given the
attached requirement review sheets as a supplement.
Once work begins, monthly reports are checked, reasons
submitted by contractors when failing to achieve required
minimum minority manhour percentages are evaluated, no-
tices are sent to contractors indicating deficiencies, and in-
depth reviews are scheduled on every contract.
13. There has been a marked improvement in the contractors'
EEO Programs and their hiring practices since the new
bid conditions became effective. There is every indication
that the contractors will achieve increased minority hiring.
241
Summary Statement in Lieu of Testimony of Mr. Glen
Whitman, Sacaton, Arizona
As Tribal Manpower Coordinator at the Gila River Reserva-
tion my duties include insuring adequate employment opportuni-
ties for tribal members with private employers located on tribal
industrial parks. These employers are located on the reservation
pursuant to lease agreements with the tribe. Because of the land
related nature of the agreement the B.I.A. must approve the
leases. In this capacity the Bureau does not provide the tribe with
any technical assistance for assuring maximum Indian employ-
ment under these lease agreements.
The leases in question do not contain Indian hiring preference
clauses. The tribe has, however, considered including such
clauses in future lease agreements. The monitoring of the em-
ployment practices of lessees by the tribe is somewhat weak.
Employers are visited from time to time and their employment
makeup is examined. Varied responses are received from em-
ployers under these circumstances: Some provide statistics re-
flecting good employment practices; some provide statistics re-
flecting poor employment practices ; in some cases employers have
refused to cooperate altogether. Leases do not require the sub-
mission of periodic reports regarding employment make-up.
Several factors limit the employment opportunities of tribal
members with private lessees. An important factor is eligibility
standards. Some employers require irrational qualifications. For
example, Allis-Chalmers originally hired a large number of Indian
employees but soon began weeding these employees out through
what appear to be irrational standards. Among the reasons for
denying employment have been that applicants have had diabetes
or have had a tatoo. Just recently this standard was changed to
three tatoos. No reason was given for being ineligible for employ-
ment if an individual has three tatoos. Lack of transportation is
another problem faced by Indians in obtaining and retaining
employment. Another difficulty has involved the lack of union
membership by tribal members. Few Indians belong to unions.
But such membership has been set as a qualification for em-
ployment by some employers. For example, a few months ago the
tribe negotiated with National Housing Industries, Inc., for the
production of housing on the reservation. During negotiations
the issue of Indian employment and union membership was
discussed. Representatives of National Housing assured tribal
representatives that non-membership would not interfere with
subcontracting part of the work to a tribally operated construc-
tion company. The tribe was led to believe that about 50 per-
cent of the total labor force would be Indian. Recently the tribe
received correspondence from National Housing indicating that
242
they would subcontract with a tribal firm only if union members
would be employed.
The hiring practices of the State on and near the reservation
have not been good. Interstate Highway 10 built directly on the
reservation about five years ago was authorized by the tribe as
well as the BIA. That authorization contained no affirmative
hiring requirements and no Indians were hired on the project.
Nor have Indians been hired on highway maintenance projects
on or near the reservation. This is to be contrasted with BIA
road maintenance crews which are predominantly, if not totally,
Indian.
243
Questions for Mr. John Artichoker, Director, Bureau of
Indian Affairs Phoenix Area Office
1. The Commission has received statistics from the Employment
Division of the BIA indicating that although Indians comprise
a majority of all GS and Wage Board BIA employees, most
Indians in the BIA are concentrated in lower GS and Wage
Board categories. For example, in the Phoenix Area Office we
are informed that while the majority of Indian employees are
concentrated in GS grades 3, 4 and 5 most non-Indian em-
ployees are concentrated in grades GS 9 and 11. How do you
account for this situation ?
2. Please briefly describe the operation of Indian preference in
BIA employment and promotion practices.
3. Why has not Indian preference affected a more even distribu-
tion of Indian employees throughout your agency?
4. At the Phoenix hearing in November the Commission heard
testimony about a wide variety of problems in the area of
education. A demographic staff paper prepared by Commission
staff for the hearing indicates that American Indians have a
significantly lower educational attainment level than any other
group, and that the average performance levels of Indian
children attending public schools are usually 2 to 3 years
behind those of white children. What factors exist in the State
of Arizona which would contribute to this situation?
5. In 1969 the Indian Education Senate Subcommittee concluded,
after extensive investigation, that our Nation's record for
educating American Indians is a failure of major proportions.
It has not offered Indian children — "either in years past or
today — an educational opportunity anywhere near equal to that
offered the great bulk of American children." What changes
have taken place during the past 3 years in the educational
institutions administered by your office to correct this situa-
tion?
6. Since the President's Address of July 1970 on Indian Affairs
there has been increasing concern for Indian involvement in
and control of the programs which directly affect their lives.
The Commission has heard the concern of tribal leaders that
tribal governments exercise far too little influence over the
Bureau, its staff and its programs. What efforts are being made
by your office to increase Indian involvement and control of
Bureau programs?
244
Answers from Mr. John Artichoker, Area Director, Bureau
of Indian Affairs, Phoenix Area Office
1. The General Schedule grade level distribution within the
Phoenix Area, as described, is due to a combination of
factors.
a. All BIA employees must meet minimal Civil Service Com-
mission standards regardless of whether vacancies are
filled by initial appointment, promotion, reassignment or
reinstatement. Until recently the number of Indians who
could meet the standards for GS-9 and above positions
has been considerably below that of non-Indians. This is
particularly true with respect to the GS-9 level, the grade
for journeyman professional teacher — which is the occu-
pation found to be in greatest incidence at GS-9. Turnover
is slow in the higher grades, but as future vacancies occur
they will for the most part be filled with Indians in view
of Indian preference now applying to promotions, as well
as accessions, and the fact that the technical and pro-
fessional Indian labor supply is constantly growing.
b. Most GS-3 through GS-5 positions are located at the
reservation or field level where the Indian labor supply is
greatest. Many of these positions represent sub-
journeyman levels which have been established through
the process of position redesign in order to employ local
Indians who have potential, but do not meet the Civil
Service Commission standards for the full performance
or journeyman level (to which they eventually progress).
This is particularly true concerning Irrigation Operators,
Policemen and Instructional Aids (Dormitory Attend-
ants). As non-Indian GS-3 through GS-5 employees va-
cate their positions they will most certainly be filled with
Indians. Phoenix Area wage employment does not reflect
the same gradation concentrations as is true of General
Schedule personnel. For example, current figures reveal
42% of the hourly pay supervisors and 74% of the non-
supervisors are Indians with over 50% of the latter above
the unskilled level.
2. Indian preference within BIA operates as follows:
a. Initial Avvointment/ Reinstatement — Individuals meeting
minimal U.S. Civil Service Commission standards and
furnishing proof of one-quarter or more degree Indian
blood are given absolute preference. Furthermore, such
Indian preference eligibles may be appointed exclusive
of the Civil Service Commission competitive examining
process.
b. Promotion from Within the BIA — Employees meeting
minimum U.S. Civil Service Commission standards and
245
having furnished proof of one-quarter or more degree
Indian blood, who apply in response to a vacancy advertise-
ment, are given absolute preference provided they are
among the best qualified candidates. In this connection
separate lists of Indian and non-Indian candidates are
prepared and submitted to the selecting supervisor. If a
non-Indian is selected, final action cannot be taken until
approval is granted by the Commissioner of Indian Af-
fairs based on a written justification reflecting that the
non-Indian selected is exceptionally well qualified.
c. Reduction in Force — Indian employees are placed above
non-Indian employees regardless of length of service with-
in each subgroup on initial reduction-in-force retention
registers (initial registers carry employees occupying oc-
cupational similar positions having the same grade
level). Indian employees may displace other Indian or
non-Indian employees occupying positions for which they
are qualified and represented by other retention registers
only because they are in a higher subgroup.
(Note: Indian preference does not apply with respect to
filling BIA vacancies by lateral movement except in response to
a POB or from outside BIA, or within BIA when the move is to
a position with promotion potential.)
3. The principal reasons why Indian preference has not to date
effected a more even General Schedule grade distribution of
Indian employees in the Phoenix Area are discussed under la.
above, i.e., Civil Service standards and availability of Indian
candidates for either initial appointment, reinstatement or
promotion. Another reason that Indian preference has not
effected a more even General Schedule grade distribution
within the Phoenix Area is that prior to July 1972, Indian
preference did not apply to promotions.
4. Factors which contribute to the average performance levels
of Indian students attending public schools being 2 or 3 years
behind white students
The majority of bilingual children or children who come
from homes where the English spoken in the home is sub-
standard enter school with language deficiencies.
The majority of children enter school as non-readers. During
the first three years of school while reading skills are being
taught, it is necessary that most classroom instruction be
done orally. During this time, vocabulary development and
word meaning is taking place, but in-depth comprehension
and association lags in relation to word development. In ac-
cordance with Dr. Bryde (Indian Psychology), Dr. Bob
Wilson (English As A Second Language — Navajo Project)
and Drs. Bereiter and Engelmann (Teaching the Disad-
246
vantaged Child in the Pre-School) when bilingual students
reach the 4th, 5th and 6th grades where instruction relies
more heavily on individual reading and comprehension abil-
ities, an academic lag becomes apparent.
1. In Reading, the Metropolitan Reading Test was admin-
istered to 317 3rd grade students in January '71 in 16 Phoe-
nix Area Office schools. The mean score for these students
was 2.5. The same test was administered in January '72, to
295 3rd grade students in 16 Phoenix Area Office schools.
Again, the mean score was 2.5. The students in Arizona
public schools showed a mean of 2.9.
2. Socio-economic problems: Children come from low-income
families with the resulting problems of:
Poverty: The median income of families on the reserva-
tion ranged from $1,200 per year to $4,500 per
year. The median income for white families was
two to four times greater than this.
Inadequate food: Lack of proper nutrition is especially
crucial during pre-natal care and up until
the child is six years of age. It is during
this time that the brain cells do the great-
est amount of developing.
Inadequate housing: Until recently, a majority of the
housing in these areas was sub-
standard or at least inadequate. Also
there are problems with space for
study for the children.
Mental health problems: Caused by lack of opportunity,
the unfulfilled expectations, the
purposelessness of their exist-
ence, the ambivilence of their
identities.
3. Conflicts of values: Indian students are not achievement
oriented; therefore, the motivational
techniques used in the classrooms are
not meaningful.
5. Changes which have taken place during the past 3 years in
education administered by this Area Office:
TITLE I. The funding increased from $650,000 in 1970 to $1.7
million in 1973.
1. Implementation of one or more innovative specialized
reading-language programs in all schools of the Phoenix
Area Office. One of these special programs at Sherman Indian
High School was identified by a team from Columbia Uni-
versity as one of the most outstanding and exemplary pro-
grams in the nation. Subsequent reading programs have been
247
modeled after this one. It was chosen to be in the Model
Schools Program sponsored by Dr. Lloyd Trump. There are
only 50 schools in the United States in this. Sherman Indian
High School is the only all-Indian school.
2. The establishment of a Parental Advisory Council in each of
the 21 schools in the Phoenix Area.
3. The hiring of over 300 teachers and aides to operate programs
for the academically deficient children over the past 3 years.
4. The implementation of five special education projects serving
eight schools and hiring of a special education consultant to
train teachers and serve the 100 children. These schools are
Kerwo Day School, Vaya Chin Day School, Santa Rosa Ranch
Day School, Santa Rosa Boarding School, Casa Blanca Day
School, Salt River Day School, Phoenix Indian High School and
Sherman Indian High School. These projects are funded
through joint use of ESEA Title VI and Title I monies. All
five projects are designed around the resource room concept
of special education. This structure allows the student to con-
tinue participation in regular classroom activities with his
peer group whenever possible. A student receives special
attention in those skill areas which are causing him to ex-
perience difficulty. This approach eliminates the stigma of
special education.
The special education project at Santa Rosa Ranch Day
School is designed to serve all of the Papago Agency schools
and is combined with a special dormitory facility.
5. The establishment of a "school within a school" at Phoenix
Indian High School to serve the special needs of the incoming
students. This program is aimed specifically at preventing
dropouts.
6. A comprehensive evaluation of special programs serving de-
ficient children, leading to the replication of successful op-
erations and the cancellation and/or modification of less suc-
cessful ones.
7. Specialized math programs at 12 schools are in place. These
schools are: Casa Blanca Day School, Gila Crossing Day
School, St. Johns School, Blackwater Day School, Sherman
Indian High School, Phoenix Indian High School, Keams Can-
yon Boarding School, Polacca Day School, Vaya Chin Day
School, Kerwo Day School, Santa Rosa Ranch Day School and
Santa Rosa Boarding School. These math programs are uti-
lizing special elementary materials from the University of
Wisconsin Math Program and Tutor Computers.
8. Indian arts and culture programs serving children and staff
in 13 schools are provided by utilizing Mobile Instructional
Units manned by Art Specialists. Schools being serviced are:
Theodore Roosevelt Boarding School, John F. Kennedy Day
248
School, Cibecue Day School, Casa Blanca Day School, Gila
Crossing Day School, St. Johns School, Santa Rosa Boarding
School, Santa Rosa Ranch Day School, Kerwo Day School,
Vaya Chin Day School, Phoenix Indian High School, Black-
water Day School and Salt River Day School.
9. Two Community Schools have been established in the
Phoenix Area. One Community School is located on the Hopi
Reservation at Hotevilla. The other Community School is
Phoenix Indian High School. The Community School concept
is being carried out in accordance with the philosophy of the
Mott Foundation and the Community Schools Department at
Arizona State University. The school facilities are made
available to parents and members of the Indian community
during the evening. This concept is to maximize the utiliza-
tion of school facilities for the members of the community
that they were designed to serve.
REGULAR FUNDING AND PROGRAMS. Several areas have
received special emphasis since 1969.
1. A Community School was developed at Sacaton and turned
over to the public school board for its operation. The all-
Indian school board operates from funds received through the
State, Federal 874 and 815 monies and JOM.
2. The Blackwater Community School is a tribally-operated
school located on the Gila River Reservation. The Bureau of
Indian Affairs contracts with the tribe for funds to operate
this elementary school. The school was a former Bureau
school with grades one and two. Since the contract for the
total operation of the school, the community has initiated a
Kindergarten Program at Blackwater.
ELEMENTARY PROGRAMS.
1. One fine program which has been initiated is the "Young
Audiences", a co-sponsored program of the Division of Educa-
tion and Young Audiences of Arizona. They sponsored 66
concerts in '70-'71, 3 or 4 concerts for each school of Phoenix
Area Office in '71-'72 which included dancers that year. This
year the students clustered around the artists after the con-
certs, which indicates increased appreciation of their pro-
grams.
2. During the '71-'72 school year, a series of Language-oriented
learning materials (35 mm slides of the familiar — the local
environment and every day living on the Fort Apache, Pa-
pago, Pima and Salt River Reservations) which were sug-
gested by Indian people in each community, were developed.
3. The Division of Education and the Arizona Commission of
249
the Arts and Humanities, through The Southwestern Creative
Writing Project, are bringing a series of young writers of
predominantly Indian origin to five elementary schools to
present the "Wishes, Lies, and Dreams" program for creative
writing. Each school will receive four writers for two days
per month during the first semester of the 1972-73 school
year.
4. Science Curriculum Improvement Study Program (SCIS) be-
gun in the '70-'71 school year is continuing. It is implemented
in each elementary school and as a pilot program at Phoenix
Indian High School. It is an ungraded sequential physical and
life science program which turns the classroom into a labora-
tory. The laboratory experiences enable a student to relate
scientific concepts to the real world in a meaningful way.
A Nature Trail has been developed at the Santa Rosa Board-
ing School with help from the National Park Service. The
trail is the first step in establishing an environmental educa-
tion program.
5. Developing Mathematical Processes is being implemented at
John F. Kennedy Day School, as a validation program which
will allow the teachers to give input as to what changes are
needed in the program to meet the needs of Indian students.
DMP is a new elementary mathematics program currently
under development at the Wisconsin Research and Develop-
ment Center. It is based on an activity approach to math.
A math lab has been implemented at Sherman Indian High
School utilizing desk top computers to teach the basic skills
in math and to teach the basic steps in computer program-
ming.
6. In Social Studies, a program has been implemented at Hote-
villa Day School and Theodore Roosevelt Boarding School
as a pilot program. MACOS is a social studies program about
"Man, His Nature as a Species and the Forces that Shaped
and Continue to Shape His Humanity . . ."
7. The number of kindergarten units increased from eight dur-
ing the '70-'71 school year to 10 during 11-12. Two new units
were completed at Santa Rosa and Second Mesa bringing the
total number of units to 12 during '72-'73. Three new units
will be completed at Cibecue, Kerwo, and Vaya Chin with
FY 73 construction. Nearly all of the kindergartens are
over-enrolled and two have double sessions.
SUMMER PROGRAMS. The philosophy of the Phoenix Area
Office Education Division is to meet changing needs of Indian
youth in providing quality education at all levels. Our schools and
agencies are in strong support of continuing the educational
process during the summer months. Major emphasis is on pre-
250
kindergarten and elementary-age children's summer programs.
Since 1970, each agency has become more involved in utilizing
other Federal Departments, such as Labor, Defense, Agriculture,
HEW, plus other branches of the BIA. Special Indian Youth
Employment Programs were made available for 142 youths this
past summer 1972. It should be noted that for FY 72, all schools
in the PAO suffered a 5% cutback in their annual operating
budget. Some agencies used Summer Program funds in lieu of
their cutback.
HIGHER EDUCATION AND ADULT EDUCATION. The AduTt
Education Programs are aimed at helping the Indian people
realize their own potentials in solving their own personal and
community problems. Over the past fiscal year, many adult Indians
were able to acquire GEDs and/or training to upgrade their job
skills.
HIGHER EDUCATION GRANTS
PHOENIX AREA FY 1973.
The Bureau of Indian Affairs encourages all aualified American
Tndian students to seek higher education for the purpose of de-
veloping leadership and increased employment opportunities in
professional and vocational fields.
Scholarship funds for students aiming at the four-year college
degree (or higher degrees) are appropriated annually by Con-
gress to aid American Indian students who are in financial need.
There has been a dramatic raise in this appropriation. In FY
1970, the amount appropriated was $3,848,000. In FY 1973, the
appropriation is approximately $16,000,000.)
In FY 1970, 4,000 students were helped under the Higher Educa-
tion Grant Program. During FY 1972, over 10,000 students were
under the program.
This FY 1973, there will be nearly 15,000 American Indian stu-
dents on the higher education grant program.
In the Phoenix Area in FY 1970, there were 486 students on the
higher education grant program. During this FY 1973 over 1,000
students will benefit.
The Phoenix Area works very closely with all tribes within
the Area. Many of the tribes supplement the BIA grants. All
other sources of financial aids available, such as Educational
Opportunity Grants, etc., from the various colleges and univer-
sities are also used so that the total need of the student is met.
At the request of Indian Tribal Education Committees and Indian
Education Coordinators, the Phoenix Area has contracted with
the colleges for counselors for Indian students where the colleges
251
did not already have them. Seven colleges now have Indian coun-
selors.
The attached graphs give a visual picture.
252
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254
OTHER AREAS OF IMPROVEMENT.
The Arizona State Department of Library Extension Service,
Hopi Community Action Program, and the Phoenix Area Office,
BIA, are cooperating to bring Community libraries on the Hopi
Reservation.
The Educational Technology Department of Arizona State Uni-
versity and the PAO Education Division was awarded a grant
for the training of 15 American Indians as school library-media
personnel by the Bureau of Library Technology, Office of Educa-
tion, HEW. The program is in its second year of operation.
The PAO and the Elementary Department of Arizona State
were awarded a Cooperative College-School science grant, to
train all the Phoenix Area teachers in the utilization of SCIS.
In Sept., '72, PIHS established a supportive counseling program
with ASU. This program allows for 8 students of ASU's Grad-
uate School of Social Work to provide social services to PIHS
students and their families. The program was designed to work
in a supportive role to the existing counseling staff at PIHS.
(The program is funded through NIMH.)
6. The Indian tribes of the Nation working with the Bureau of
Indian Affairs began several years ago the process of allow-
ing tribal governments to assume control of federally funded
programs that affect Indian people in reservation life on a day-
to-day basis.
Commissioners Nash and Bennett, particularly the latter, under-
stood the process intimately and worked diligently to set it
in motion. It remained, though, for President Nixon to recog-
nize the two major limitations under which Indian tribes and
the Bureau of Indian Affairs were laboring in trying to bring
about Indian control of federally funded Indian programs. These
limitations were set out in the President's July 8, 1970, message
to Congress.
First, the President saw the threat of termination as a limita-
tion on assumption of control of programs by Indian tribes.
Congress has now renounced the termination policy as expressed
in House Concurrent Resolution 108 of the 83rd Congress. Sec-
ond, the President recognized the legal limitations on the as-
sumption of control of Bureau programs. The Congress has not
as yet acted upon the President's recommendations in this re-
gard.
Not all of us who deal in Indian Affairs understand the legal
limitations nor appreciate the fact that Congress has not given
us the tools the President recommended. For example, we have
had to spend a great deal of time correcting some of the errors
made in the form of contracts with tribes for the performance
255
of what formerly was a Bureau service. A few tribes regard an
insistence on making a technically correct contract as a lack of
control over the program. However, we have been able in most
instances to explain that the technical procedures are required
by law and regulations which the Bureau cannot change.
We have been fairly successful in explaining to tribes that there
are those matters that are exclusively within the tribe's
purview — there are those things that are exclusively within
the Bureau's purview — and there are those matters for which
the Tribe and the Bureau share responsibility.
There are things we can do within the framework of existing
laws, by using the tools that we have today. These are some
examples.
Very extensive efforts have been made by the Phoenix Area
Office to increase Indian involvement in Bureau programs. Of a
budget of approximately $48 million in 1971, $19.2 million was
contracted. Of the $19.2 million contracts, $7.6 million was in
Buy-Indian contracts. It is felt that through this contracting,
Indian involvement and control of programs was extensive in
this Area.
In the matter of Indian involvement as it relates to Education,
this has been answered in the question above wherein reference
is made to each of the schools in the Phoenix Area having school
boards in addition to an Areawide School Board. Also, under
Title I, each school has a Parent Advisory Council, which has
explicit in its organization involvement of not only representa-
tives of the people in the area served by the school but also
the involvement of the parents themselves. The purpose of this
Parent Advisory Council is to have parental involvement in de-
veloping school programs.
In an attempt to involve tribal leadership in the Phoenix Area
and to increase understanding by reservation leadership of
Bureau programs, intensive effort was made beginning in the
Fall of 1971 to take key Area staff to each reservation for meet-
ings with tribal councils and agency staff. This program of
"taking the services" of the Area Office to the field resulted in
the visitation of 31 of the 44 reservations between October 1971
and October 1972.
Another key factor of Indian involvement in the Phoenix Area
has been the participation of tribal councils with agency and
Area staff in discussing budgets and the budget processes, with
recommendations for program development reservation by reser-
vation. There was involvement of Indian leadership not only in
the PPE process but in the Reservation Acceleration Program.
Another significant contribution in Indian involvement has been
the cooperative efforts between the Phoenix Area Office of
256
the Bureau of Indian Affairs and the Inter Tribal Council of
Arizona in planning approaches to dealing with legislative action
in the State of Arizona, as it relates to the imposition of lease-
hold taxes on the reservations in Arizona. For at least the last
five years the Area Office and tribal leadership in Arizona have
cooperated in an effort to provide information to State legislators.
The high point of this relationship resulted in a meeting in
Scottsdale, Arizona, this past summer involving tribal leader-
ship, State legislators, State officials and BIA personnel, to dis-
cuss problems concerning reservation development and to negoti-
ate an approach to matters of mutual concern between the tribes
and the State of Arizona.
At present in the area of development of a roads system, we
are establishing a "highway commission" for the State of Arizona
whereby tribal leaders will be selected to serve on a commission
that will establish priorities on road construction programs in
their district.
Other examples of Indian involvement are attached (Exhibits
A, B, C, D and E; available in Commission files).
257
Questions for Mr. Curtis Geiogamah, Assistant Area Direc-
tor and Contracting Officer, Bureau of Indian Affairs
Phoenix Area Office
1. In the capacity of Contracting Officer you have responsibility
for construction contracts let by the Bureau to private
contractors, do you not?
2. How are construction contracts let by your office?
3. About how many such contracts are let from your office
annually?
4. About what percentage of these contracts are let to Indians
under the Buy Indian Act?
5. Is your office doing anything to encourage greater Indian
involvement under that Act?
6. The Commission has heard numerous complaints regarding
the lack of Indian employment by private contractors oper-
ating under Bureau contracts. Such contracts contain an
employment preference clause do they not?
7. What does this clause state?
8. What is the term "local residents" interpreted to mean?
9. Does the use of the term "local residents" instead of "In-
dian" inhibit the Bureau from guaranteeing Indian pref-
erence ?
10. How are the employment practices of private contractors
operating under Bureau contracts monitored? Do you feel
this process is effective?
11. How many Bureau contractors have been found to be in
violation of their contractual hiring obligations during the
past year? During the past five years?
258
Answers from Mr. Curtis Geiogamah, Assistant Area Direc-
tor and Contracting Officer, Bureau of Indian Affairs,
Phoenix Area Office
1. Yes. The contracting function is under my supervision.
However, I do not exercise day-to-day supervision over its
operations. There are three contracting officers' positions for
this Area as stipulated by CFR 14 H-l.451.2. These positions
are the Area Director, Assistant Area Director for Admin-
stration and the Area Property and Supply Officer. The im-
mediate day-to-day supervision of the contracting functions
and signing of contracts is the responsibility of the Area
Property and Supply Officer except in those cases when he
feels that a contract should be signed by either the Area
Director or the Assistant Area Director for Administration.
2. Construction contracts are let in strict conformance and
compliance with federal procurement regulations. Briefly,
these regulations require that we formally advertise these con-
tracts from 30 to 60 days, set a firm bid opening date and
make an award to the lowest bidder, providing he meets
all stipulations of the contract specifications.
3. There are approximately 40 construction contracts let from
this office annually.
4. Approximately 6 percent of fiscal year 1972 contracts were
let under authority of the Buy Indian Act. Since July 1,
1972, through the current date, three contracts have been
awarded under this authority. This amounts to approximately
9 percent of our current construction contracts.
5. Yes. Periodic meetings are held either with individual tribes
or with inter-tribal organizations at which we inform the
attendees of the nature of the Act and have discussion con-
cerning the procedures of contracting under this authority.
6. Yes.
7. "Preference in employment from all work to be performed
on this contract, including subcontracts thereunder, shall
be given to local residents subject to the provisions of clause
21, Equal Opportunity."
8. We have interpreted the term "local residents" to mean
Indian when the construction work is being done on or near
an Indian reservation.
9. No. We in the Phoenix Area do not feel that the term local
residents inhibits us from guaranteeing Indian preference.
10. The employment practices of private contractors operating
under the Bureau contracts are monitored principally by
selected Contracting Officer representative (COR). It is felt
that this process is reasonably effective. It is mandatory
that the contractual staff be expanded to be in a position to
259
provide closer supervision of all aspects of the basic con-
tract to include compliance.
11. According to our official files, no Bureau contractor has
been reported to have been in violation of their contract hiring
obligation during the past year or during the past five years.
(In addition to the prepared answers to the above questions,
Mr. Geiogamah provided the following additional information
during an interview:
In the past the BIA was able to generate more Indian employ-
ment under its contracts through the exercise of its force ac-
count authority. Pursuant to this authority, the BIA awarded
itself construction contracts, hired its own employees to do the
labor and ran its own training programs. Up until the early
fifties, much that is done today by private contractors was done
by Indians, pursuant to this authority. For example, the milk
and meat consumed at an Indian hospital would have normally
been raised by Indians in the community. Because such inter-
ests as the dairy industry claimed that this was undue competi-
tion, President Eisenhower issued an Executive Order requiring
the BIA to put services and supplies out to public bid. Today,
the BIA does some force account on construction contracts but
this is subject to limitation because of the Bureau's lack of heavy
equipment.
Mr. Geiogamah was asked about complaints from Indians to
the effect that the Buy Indian Act has recently undergone a
reinterpretation requiring stricter standards by Indian firms
and erasing advantages that Indian firms had under that Act.
This is not accurate, according to Geiogamah. The Buy Indian
Act gives the Bureau the authority to negotiate with an Indian
firm outside of the competitive process. Accordingly, the BIA
can be more lenient and flexible with Indian firms than with
non-Indian firms. Because of poor experiences recently under
this lenient approach, stricter adherence to established standards
have been required as a matter of policy.)
260
Questions for Mr. James Dunn, Property and Supply Officer,
Phoenix Bureau of Indian Affairs Area Office
1. Do you have the responsibility for monitoring the employ-
ment practices of private employers under contracts let by
your office?
2. What efforts does your office make to monitor the employ-
ment practices of these contractors ?
3. Has your office ever received from the Washington Office any
indication of the need for more vigorous enforcement in this
regard ?
4. To your knowledge has your office ever had the occasion to
cancel or terminate a contract because of the contractor's
employment practices ?
5. Are you satisfied that such employers, as a general rule, hire
adequate numbers of Indians on their projects?
6. If the answer to question 5 is no, what must be done to
improve the situation?
261
Answers from Mr. James Dunn, Property and Supply Officer,
Phoenix Bureau of Indian Affairs Area Office
The statements made in answer to the basic questions are directed
towards construction contracts.
1. The BIA Procurement Regulations (BIA Procurement Reg.
Release No. 1-11/24/69) cites Federal Register, Vol. 34, No.
163 dated August 26, 1969, Subpart 14H-1.4 PROCURE-
MENT RESPONSIBILITY AND AUTHORITY. 14H-1.451.2
pertains to the designation of Contracting Officer positions.
The organizational titles are designated as Contracting Officer
positions that encompass the basic responsibility for the es-
tablishment of procedures to include the monitorship of em-
ployment practices of employees under contract. Any individ-
ual so designated by the authority mentioned above has
responsibility for monitorship of the contract.
2. Monitorship of the employment practices of contractors
starts with the preconstruction contractor's conference. Em-
ployment practices and policies are discussed in detail with
the contractor. A copy of the agenda for preconstruction
contractor's conference is enclosed. For each contract, a Con-
tracting Officer's representative (COR) is appointed and the
duties of such an individual are outlined in detail for his
general guidance. A copy of the form used to designate the
Contracting Officer's representative is enclosed as well as a
sample letter to the contractor informing him of the assigned
COR. (Enclosures mentioned are available in Commission
files.) Specific reference is made to labor practices in conform-
ance with contract terms. Instructions to contractors are
provided in writing and specific information relating to the
hire of local residents is incorporated in the original request
for bid that is mailed to prospective contractors. Detailed
COR reports are rendered during the progress of the con-
tract. Payroll journal statements that show the name, address
and social security number of each employee are submitted
by the contractor. As each contract is awarded, a Standard
Form 99 entitled "Notice of Award of Contract" is mailed
to the Department of Labor, Wage and Hour and Public Con-
tracts Division, giving all of the vital information pertaining
to the contract. Because of the increased contractual work-
load, there is a dire need for additional personnel to strengthen
contractual activities particularly as they relate to compli-
ance. Requests have repeatedly been made to Washington
for such personnel. On October 5, 1971, a detailed program
was submitted that requested more contractual personnel to
support a greatly increased workload. No additional personnel
have been made available as of this date.
262
3. Routine contract administrative techniques (CAT) have been
issued by the Washington Office from time to time but these
have been in the nature, primarily, of clarification of existing
regulations. On April 26, 1962, Phileo Nash, Commissioner
BIA, sent a wire to Area Director, Phoenix, Arizona, stating
all construction contracts entered into by the Bureau shall
contain a preference to local residents clause. The clause to be
included in the contract was to read as follows: "preference
in employment from all work to be performed under this
contract, including subcontract thereunder, shall be given to
local residents subject to the provisions of clause 21 Equal
Opportunity."
4. To the best of my knowledge, this office has not had the
occasion to cancel or terminate a contract because of the
contractor's employment practices.
5. I am satisfied that such employers, as a general rule, hire
adequate numbers of Indians on their projects.
(In addition to these prepared answers, Mr. Dunn offered the
following information during an interview:
The language of the Indian Preference Clause of the BIA
Construction Contract used to say "Indian" but in 1962 was
changed to "local residents," because it was felt that use of the
term Indian was violative of civil rights laws. This was prior to
the passage of Title VII of the 1964 Civil Rights Act and its
special Indian preference exemptions. The Area Office has as a
matter of policy always interpreted the words "local residents" to
mean local Indian residents.
Mr. Dunn was asked how penalty of a contractor would be
effected should an appropriate case arise. He stated that the initial
decision would be made at the Area Office level and then for-
warded to Washington for a final ruling by the Department of
Labor. Dunn has been in his present position since 1967, and
stated that during that time he has received no formal complaint
from any Indian tribe regarding the employment practices of
construction contractors.
Regarding complaints from some tribal leaders that Indians
are not involved in the planning of construction projects on the
reservation, Dunn stated that as a matter of course tribal leaders
are invited to attend preconstruction conferences which are held
prior to all projects. Many tribal leaders, he stated, do not re-
spond to these invitations.)
263
UNITED STATES COMMISSION ON CIVIL RIGHTS
Washington, D. C. 20125
December 5, 1972
Honorable Gary K. Nelson
Attorney General
State of Arizona
Phoenix, Arizona
Dear Mr. Attorney General
When the Commission's hearing in Phoenix, Arizona, this November was
unavoidably cancelled, due to Commissioner Ruiz' illness, Chairman
Freeman stated that the Commission would continue the investigation
of Indian civil rights problems and complete the record of the hear-
ing.
To carry out this mandate we are sending you questions for comple-
tion. These questions would have been posed to you at the public
session had you had a chance to testify. Your answers will become
part of the hearing record, to be published by the Commission.
Please answer these questions fully and make whatever additional
comments relevant to the subject matter you feel are necessary. As
it is essential to complete the hearing record as soon as possible,
I would appreciate your returning your answers to this office no
later than December 15, 1972.
Members of my staff, and, perhaps, myself, will be visiting Arizona
during the week of December 11, and will be in contact with you to
discuss these questions and additional matters which might arise.
Thank you for your anticipated cooperation.
Sincerely,
Enclosure
264
Questions for Mr. Gary K. Nelson, Attorney General, State
of Arizona.
1. What responsibility does the State Government of Arizona
have with respect to reservation Indians ?
2. It is our understanding that the Arizona Civil Rights Com-
mission will be placed under the jurisdiction of the Attorney
General's office sometime in 1973. Is that correct? If so, for
what purpose is this transfer taking place?
3. In your opinion, is the present law under which the Arizona
Civil Rights Commission operates adequate? If not, why not?
4. Do you intend to propose that the State legislature enact a
new law incorporating greater enforcement powers? If so,
please elaborate regarding the provisions of this proposed
legislation and explain how it will result in making the
operations of the Civil Rights Commission more effective,
particularly in the field of public and private employment
opportunities for Indians and other minorities ?
5. It is our understanding that the State Personnel Commission
currently is drafting an Affirmative Action Program which
will establish a policy of equal employment opportunity for
all persons insofar as employment in State agencies is con-
cerned. We further understand that the Federal Government
requires that Arizona and other States who receive certain
Federal grants are now required to promulgate such affirma-
tive action programs. Has the Arizona Civil Rights Com-
mission been involved in the preparation of this plan, and will
they monitor its operations once it is placed into effect?
6. As Attorney General you are an ex officio member of the
Arizona Commission of Indian Affairs. Do you have any
comments on the functions and operations of this Commission
and do you have any suggestions as to improving its effective-
ness?
265
OFFICE OF THE OARY K. NELSON
THE ATTORNEY GENERAL
£ttont*tj Htntad
STATE CAPITOL
January 2, 1973
Mr. JohnH. Powell, Jr.
General Counsel
United States Commission on Civil Rights
Washington, D. C. 20425
Re: Indian Questions
Dear John:
Please excuse the inordinate delay in responding to your letter
and questionnaire of last month. It seems like I was either
out o£ town or sick the whole month of December.
The answer to the first question is probably dispositive of the
whole Indian problem. Since the State of Arizona has very little
jurisdiction over or responsibility for Indians living on reserva-
tions , is it any wonder that the programs for such Indians are
lacking in coordination, purpose or depth. Having said this,
however, there is a great concern over the Indian and a desire
to help him reap the benefits of 20th Century America. The
question is how, particularly in the light of the tri- jurisdictional
disaster facing any agency that wants to help.
In answering question number 2, the Civil Rights Commission is
now under this office as a result of the Governor's proclamation
last month. I have no real information as to why the change was
made by our Legislature. Assuming the best, I can only hope
that their interests were to insure better enforcement and
greater visibility of the work of the Division. In any event, this
will be our aim.
In combining answers to your questions 3 and 4, I would say the
current law is inadequate and we will try to have it amended in
1973. The main reason the current statute is inadequate is that
it provides no affirmative enforcement powers whatsoever and
provides only for a procedure whereby an aggrieved person is
266
eventually allowed to file a misdemeanor complaint before a
Justice of the Peace. The maximum penalty is a $300 fine. In
order to get this he must, in effect, be guilty of two violations.
I have had several different people on my staff work on possible
amendments. I am enclosing for your information an unedited set.
We intend to have our final recommendations ready for submission
by February 1, 1973. If you have any further suggestions, please
advise.
The thrust of these amendments is to eliminate criminal sanctions,
provide full civil and injunctive authority, and to provide for civil
penalties in addition to forced compliance. It is our feeling that
the suggested amendments should cover any problem previously
encountered with the E.E.O. C. and other federal agencies.
As to Indians, see current A.R.S. § 41-1464, wherein certain
businesses on or close to Indian reservations are permitted to
discriminate in favor of reservation Indians.
In answer to question number 5, please be advised that the Ari-
zona Civil Rights Commission worked very closely with the State
Personnel Commission in drafting an Affirmative Action Program
for all of state government. It's my understanding that the
program will be effectuated very soon. Our new division will be
responsible for monitoring its effectiveness and operation.
In answer to the final question, the promotion of fellowship ri
the area of Indian Affairs is not a recent development in Arizona.
Arizona's Commission of Indian Affairs, which is the official
link between the tribal governments and the state government,
was established by Arizona's Legislature nearly twenty years ago.
The responsibility of the Commission is well stated in Commission
Chairman Bill Alcaida's most recent annual report to Arizona's
Governor (a copy of which is also enclosed). Chairman Alcaida
wrote as follows:
267
"The problems confronting Arizona Indians
in attaining a place of social, economic and
political equality with other citizens of
this state and nation are complex and will
take both time and patience to solve. The
members of the Commission recognize and
accept the responsibility which has been en-
trusted to them to contribute to the solutions
of these problems . "
An example of a recent and noteworthy accomplishment of
the Commission was its instrumental role in the conduct of
a town-hall form of gathering, which was held approximately
three months ago on the Salt River Indian Reservation. More
than 90% of the residents of the various Indian reservations
within the State of Arizona were represented at the gathering,
together with a substantial number of legislative and executive
officials of Arizona's state government.
From time to time, money — from both private and public
sources — is made available for purposes consistent with those
of the Commission, but the Commission presently is not em-
powered to accept and administer such funds. However, legis-
lation has been proposed in Arizona to allow the Commission to
receive and expend such funds in an effort to assure the most
direct benefit in those areas where improvement is most needed.
(See attached copy. )
Although the Commission already plays a significant role in the
improvement of relations in the area of Indian Affairs, such
legislation, in my opinion, would help greatly to increase the
effectiveness of the Commission.
I enjoyed our long conversation in Washington, and hope we will
be able to get together again soon. If you have any questions
268
concerning the matters which I have outlined in this letter,
please do not hesitate to call me. Due to my infirmities in
December, I still have not contacted personally the Pima
County Sheriff in regard to the other matter we discussed,
shall attempt to do so this week and will see what informa-
tion I can make available to you.
Best wishes for a Happy New Year.
Sincerely yours,
GARYK. NELSC/N
The Attorney General
GKN:fs
Enclosures
(See Exhibit No. 11 for the enclosures mentioned above.)
269
Questions for Mr. J. Ford Smith, Executive Director,
Arizona Civil Rights Commission
1. Please describe the Arizona Civil Rights Commission, its
purpose, powers, and responsibilities?
2. What specific authority does it have regarding discrimina-
tion in public and private employment?
3. How many complaints have you received from Indians in the
areas of private and public employment?
4. How many complaints have you received from Indians in the
other areas under your jurisdiction?
5. What explanation do you have for the relatively few number
of complaints from Indians ?
6. How do you publicize the fact that Indians have the right to
complain to your Commission ?
7. Have you or any of your staff members ever personally
visited Indian reservations or conferred with tribal leaders
regarding your Commission and the right of Indians to seek
its assistance regarding such complaints ?
8. Considering the number of Commission employees, do you
believe the Commission is able to effectively inform Indians
and other minorities of their rights under State law? For
example, do you or any of your staff members make frequent
trips to Indian reservations for this purpose?
9. Does the Arizona Civil Rights Commission have authority
to make periodic surveys into discrimination in any of the
three areas of its jurisdiction, i.e., voting, public accommoda-
tions, and employment? If so, has the Commission ever
made such a survey into employment, and if it has, what
were the results of that survey?
10. Have you ever submitted any recommendations on employ-
ment either to the Governor or the State legislature, other
than your annual report and statistical breakdown of em-
ployment by State agencies?
11. It is our understanding that the Equal Employment Op-
portunity Commission has indicated that the Arizona Civil
Rights Commission must obtain greater enforcement powers
in the field of employment, or it will not continue to refer
employment complaints to it for action prior to taking action
itself. If so, do you intend to seek stronger legislation for the
Civil Rights Commission in 1973?
12. How many additional employees will be needed to effectively
perform your operations if you are given the new enforce-
ment powers as proposed by the Attorney General ?
13. How many Indians do you presently have on your staff and
what are their functions?
14. Do you need additional Indian employees to effectively serv-
ice both on reservation and urban Indians?
270
Answers From Mr. J. Ford Smith, Executive Director,
Arizona Civil Rights Commission
1. The Arizona Civil Rights Commission has three functions of
operation in the areas of voting, public accommodation, and
employment. The Commission has the power to waive juris-
diction in such cases where the Commission determines that
compliance cannot be obtained under the provisions. The
Commission has the power to hold public hearings and to
subpoena witnesses only at the time of public hearings.
2. Arizona Statutes 41-1461 and 41-1462 and under 41-1462,
paragraph 1 through 6. 41-1464: this statute grants pre-
ferential treatment to employers who locate their business
on or near an Indian reservation.
3. Since the inception of the Commission we have received a
total of 17 complaints in the area of employment.
4. There have only been four complaints filed in the area of
public accommodation.
5. My reply to this is that I simply feel that the American In-
dians feel that the Arizona Civil Rights Commission cannot
grant the necessary actions or relief in matters of this
nature.
6. We recently, through the television media, ran 30 segments
of one minute shots indicating that anyone could file with
the Arizona Civil Rights Commission. Also, this information
has been relayed to the Indian community through two differ-
ent project directors of the Indian Affirmative Action Pro-
gram.
7. "Yes." I have personally visited the Gila reservation and two
of my project directors have visited various Indian res-
ervations.
8. My answer to the first part of your question would be "no,"
due to the fact that there are 14 different tribes located
throughout the State of Arizona. Frequent? I would say no
because of our limited staff.
9. The answer to the first part of your question is "yes." How-
ever, we are restricted again to the limits of our survey.
Yes, we do have jurisdiction in the three areas you men-
tioned. Yes, we have made a survey of employment. We have
an annual report entitled, "Minority Employment in Arizona
State Agencies." Our current report indicates of 29,587 state
employees there are only 414 of American Indian ances-
try. A further breakdown shows that 250 of these employees
are in the pay grade range of 1 through 10; 146 employees
are in the range 11 through 19, and 6 are in the range 20
through 29. The survey indicates there are 8 in the exempt
category. Grade 1 represents a beginning salary of $323 a
month and it is graduated upward to grade 10 of $522 a
271
month. Grade 11 beginning salary is $557 a month and grade
19 is $993 a month. Grade 20 beginning salary is $1083 and
graduated upward to 29, beginning salary $2471 a month.
The figures I have given you will be printed in the 1972
Minority Group Employment in Arizona State Agencies that
should be published by the 31st of December.
10. The answer to your question would be that in our annual
report we do make recommendations concerning employ-
ment to the Governor and the State Legislature.
11. Mr. Powell, the first part of your question is quite correct.
The Equal Employment Opportunity Commission has in-
dicated that unless all state agencies implement their legisla-
tion to conform with Title VII of the Equal Employment
Opportunity Commission, they will no longer refer to the
state or city agencies. Mr. Powell, I don't know whether you
are aware of the fact that the Arizona Civil Rights Com-
mission is to become a part of the newly developed Depart-
ment of Law for the State of Arizona, which is headed by
the Attorney General, Mr. Gary K. Nelson. The effective date
is July 1, 1973, unless the Governor issues an Executive
Order, which has been requested by Mr. Nelson for January
1, 1973, to promote a smoother transition and grant stronger
legislation for the Arizona Civil Rights Division.
12. I feel that if we are given these new enforcement powers
then the least number of persons needed would be four.
Sounds like a small number? I know, but I do happen to know
how the Legislature of our State operates. I am saying four
persons. I feel that we would need an additional field repre-
sentative, two new persons to handle intake of complaints,
which would be their sole responsibility, and the fourth indi-
vidual would be hired to handle contract compliance.
13. Presently, there is one American Indian on my staff, that is
Mr. Michael Purley, who was hired through the Presidential
Employment Emergency Act as a Field Representative I.
However, as of July 1 of this year, he became a permanent
employee. Until recently, the Indian Affirmative Action
Program was headed by Mr. Robert Melvin, an American
Indian. Mr. Melvin has since resigned and is now employed
in the Navajo Community College Manpower Program.
14. Mr. Powell, I think that we have covered this question in
another question previously asked me.
272
Questions to and answers from Mr. Clinton Pattea, Execu-
tive Secretary, Arizona Commission of Indian Affairs,
Pheonix, Arizona.
(1) Q. Please describe the Arizona Commission of Indian Af-
fairs, its purpose, powers, and responsibilities?
A. The Commission's purpose is to serve as a communication
link between State, Federal and tribal governments. Its
powers are to survey and study the needs and desires
of tribal governments, and relay those needs to State
and Federal agencies. The Commission has responsibility
over all aspects of Indian affairs and is obligated to
prepare an annual report on the subject. The Commis-
sion's statute reads as follows:
A. The commission shall consider and study condi-
tions among Indians residing within the State. The
studies shall be made to accumulate, compile and
assemble information on any phase of Indian affairs.
For such purposes the commission may hold hearings,
make investigations, and confer with officials of local,
state and federal agencies in order to secure coopera-
tion between the federal, state and local governments
in the promotion of the welfare of the Indian people.
B. The commission shall make a written annual
report, giving an account of its proceedings, trans-
actions, findings, and recommendations to the gover-
nor and the legislature, and shall from time to time
submit such other reports as may be necessary.
(41-542. POWERS AND DUTIES ; STUDIES AND
HEARINGS; COOPERATION BETWEEN FED-
ERAL, STATE AND LOCAL AGENCIES;
REPORTS).
(2) Q. What has the Commission done to promote the employ-
ment of Indians in both the public and the private
sectors ?
A. We work closely with the State Employment Service in
this regard. We make presentations at civic organization
meetings regarding Indian employment. We tell them
about reservation employment problems and how they
can be resolved.
(3) Q. Have you had any conferences with State and private
employers regarding employment opportunities for In-
dians?
A. We have met with the Highway Department as well as
with representatives of the banking industry. Bankers
in the area are trying to initiate work shops for career
development with Indian schools.
(4) Q. Have you made any studies regarding the employment
273
problem of Indians ? If so, what action, if any, was taken
on these studies ?
A. We have made some surveys and have found a lot of
unemployment on the reservations. Tribes desire more
economic development. Both the BIA and EDA have
responsibility in this regard.
(5) Q. In conducting these investigations, has your agency found
any evidence of employment discrimination?
A. We sometimes get complaints from individuals. We refer
them to the EEOC and the State Civil Rights Commis-
sion.
(6) Q. Has the State Civil Rights Commission been effective in
responding to those complaints?
A. Apparently they haven't had the authority to issue orders
or enforce the law. But now that the Commission will be
placed under the direct authority of the State Attorney
General's Office it may become more effective in the
future.
(7) Q. Has your office ever conducted a survey of the employ-
ment practices of any State agencies?
A. No. The State Employment Service releases those sta-
tistics from time to time, though.
(8) Q. Has your office ever received complaints about the hiring
practices of the State Highway Department?
A. Yes. We have discussed the inadequate number of Indian
employees with the Highway Department. We just re-
cently did this, so there are no results as yet.
(9) Q. Can tribal governments require a given number of Indian
employees on on-reservation highway construction proj-
ects before granting a right-of-way to the State?
A. Yes. But unions present a problem in this regard. Private
contractors cannot find large numbers of Indian union
members.
(10) Q. But isn't Arizona a right-to-work State?
A. I don't know about that.
(11) Q. Does the Commission need additional authority in order
to promote Indian employment opportunity in Arizona.
A. Yes. Last year we asked the State Legislature to amend
our statute to authorize us to initiate programs for tribes
instead of simply survey and study. This bill passed the
Senate but died in the House. It will be introduced again
next year.
(12) Q. In your experience, what has been the attitude of the
State Legislature toward Arizona Indians?
A. Arizona tribes want to retain their tribal sovereignty
and work with State agencies on an equal basis. Re-
274
cently, the State attempted to assert a leasehold tax on
reservation land. This contradicts the separate legal
status of tribes. This year tribal representatives have sat
down with State representatives for the first time to
settle questions regarding tribal status.
(13) Q. In your opinion, what should the State's responsibility be,
regarding Arizona reservation Indians? Arizona urban
Indians?
A. State legislators feel no direct responsibility for the needs
of reservation Indians. They consider that to be a Federal
responsibility. This conflicts with the recent attempt of
the State to impose a leasehold tax on reservations.
Urban Indians have always been entitled to the same
services as other State citizens.
275
Questions to and Answers from Mr. Albert N. Brown, Exec-
utive Director, Arizona State Justice Planning Agency
(1) Q. What are the functions of the Arizona State Justice
Planning Agency?
A. See copies of Governor Williams' Executive Order 68-3,
and copies of the Omnibus Crime Control and Safe
Streets Act of 1968 as amended by Omnibus Crime Con-
trol Act of 1970; and the Juvenile Delinquency Preven-
tion and Control Act of 1968 as amended by the Juvenile
Delinquency Prevention Act of 1972.
(The Executive Order referred to establishes in the
Executive Office the Arizona State Justice Planning
Agency to implement the above mentioned Acts. That
Order states that ASJPA's Governing Board shall :
maintain general oversight, review, evaluation and
approval of the law enforcement improvement activ-
ities of the Executive Director and staff, including
development and revision of the state law enforce-
ment and juvenile delinquency prevention and con-
trol plans, establishment of priorities for law en-
forcement improvement in the state, correlation
with units of local government and law enforcement,
and implementation of sub-grants or allocations
thereto. (Section 2(d)).
(2) Q. When was the Arizona State Justice Planning Agency
established, and when did you become its Executive Di-
rector ?
A. November 15, 1968 — Agency established. April 14,
1969 — Became Executive Director.
(3) Q. Please describe the composition of your Governing Board,
including any Indian members thereon.
A. See attached list of members. Note: the composition of
the Governing Board conforms to LEAA's guidelines (see
attachment) .
(The list of members indicates that of the Board's 16
members one is Indian. He is Howard Gorman, a Navajo
Tribal Council member. Other members include State
legislators, mayors, police chiefs, judges, and directors
of correctional institutions.)
(4) Q. Please describe the types of grants processed through
your agency, giving particular emphasis on grants to
Indian tribes.
A. See attached lists of grants.
(The list referred to indicates that since its inception
ASJPA has handled nearly $8 million in grant funds,
in the form of over 400 individual grants. The grants
276
serve a wide variety of purposes, including such things
as inner-city youth programs, crime lab improvement,
communication improvement, counseling, various studies,
intelligence systems, police training, etc. This list re-
flects grants made during the period from November
15, 1968, to September 1, 1971. During this period,
out of a total of $7,850,769 in grants, Indian tribes re-
ceived 16 grants totaling $420,969. These grants were
for the following purposes: police training, law and
order code revision, delinquency prevention and control
training, basic recruit training, police legal advisor,
prosecution improvement, detention facility, prosecutor
training program, additional officer, radio system, delin-
quency prevention program. It should be noted that
except for $12,725 granted to the Hualapai Tribe out of
the State's block grant, all of these grants were from
discretionary funds. During an interview Mr. Brown
stated, "Most of the Indian money is discretionary. We
help them write up proposals for discretionary money;
we endorse the proposals and administer the grants.
With regard to block grants tribes are deemed units of
local government. They, therefore, get block grant money
on a dollar-for-dollar basis, depending on population
size." Discretionary funds on a nationwide basis amount
to 15 percent of the total LEAA funds. Currently, about
$3 million of this is earmarked for Indian projects on a
nationwide basis.)
(5) Q. What input do Indians have regarding your Board's
planning procedures and ultimate determinations as to
which Indian programs will receive its endorsement?
A. ASJPA employs a full-time professional Indian Justice
Planner. He assists the various tribes in determining
their priorities (Indians' right of self-determination) and
preparing planning input for the annual comprehensive
plan. This flows through the task forces of the Govern-
ing Board, each of which has Indian representation
thereon, to the Governing Board which also has Indian
representation thereon. Their input originates with the
Indian tribes based on their priorities, wants and needs
for improvements of the criminal justice system. A por-
tion of Arizona's block grant from LEAA, based on
population, is allocated for Indian projects.
(6) Q. What roles do your task forces play in providing specific
information on Indian proposals to your Board?
A. The task forces are organized on a discipline basis to
review input and project applications. They see that the
planning input takes a comprehensive approach towards
277
improving the criminal justice system, and that project
applications fit into the programs established by the
annual Comprehensive State Criminal Justice Plan. In-
dians are represented on each task force. Indian planning
input is considered in the above manner. Indian project
applications are initiated by the tribes that exercise the
right of self-determination within the Safe Streets Act
and LEAA's Guidelines. The funding of Indian projects
is accomplished by determining priorities amongst all
Indian projects. These are funded from the aforemen-
tioned allocation of block grant monies for Indian proj-
ects. In addition to funding Indian projects from block
grant monies, ASJPA, working through the Indian Plan-
ning Specialist, aggressively seeks discretionary funding
for Indian projects. Here, the competition for funds is
amongst Indian tribes on a nationwide basis.
(7) Q. Describe briefly the purpose and accomplishments of the
program of the National Indian Justice Planning Project.
A. See attachment #7.
(Attachment #7, Indian Justice Planning Project Re-
port 1971, states in its Preface as follows: "The Indian
Justice Planning Project came into being through the
efforts of the state planning agency directors of Arizona,
Colorado, New Mexico and Utah who, in developing their
own comprehensive statewide plans for law enforcement,
quickly realized that the problems, needs and priorities
which exist on Indian reservations within their respec-
tive states did not necessarily prevail throughout the
remainder of the state.
"As the criminal justice problems concerning the 46
geographic Indian reservations in those four states are
unique and varied, not only from the surrounding non-
Indian communities but from reservation to reservation,
the four southwestern states joined together in this
pioneering effort to plan with tribal leaders for the im-
provement of law enforcement on each of the reserva-
tions.")
(8) Q. Please describe some of the problems of coordination that
arise between related Federal-State programs. In your
opinion, what can be done to eliminate or minimize such
problems ?
A. To achieve coordination of Federal-State programs, Ari-
zona, through the Governor's Executive Order, estab-
lished six standard planning regions per OMB Cir-
cular A-95. These six regions were organized as councils
of government that serve as regional clearinghouses and
have a knowledge of all Federal-State programs in the
278
region. In addition, the Governor's Office has established
a committee for Federal-State relations, the membership
of which represents agencies that receive 98% of all
Federal funds received by Arizona. This is another ex-
cellent coordinating device for Federal-State programs.
(9) Q. The Commission heard testimony at its Phoenix hearing
in November from representatives of the Southwest In-
dian Youth Center that the State of Arizona considers
Indians a Federal responsibility and that State officials,
therefore, are hesitant to aid in the funding of Indian
programs; on the other hand, because of the Federal
Government's emphasis on regionalization, Indians seek-
ing such programs often are told by Federal officials to
seek funds through State or local channels. Please com-
ment on this.
A. This question sets a premise in very nonspecific terms.
Due to lack of specificity, no comment can be addressed
to the premise.
The LEAA program considers the Indian reservations as
units of general local government, and as such they re-
ceive the same treatment by ASJPA as any other unit of
general local government (with the exception that we
employ an Indian Planning Specialist). Nonreservation
Indians share equally with all other residents of Arizona
in the benefits that come from the LEAA program. (In
addition, Mr. Brown stated that this complaint had no
merit with regard to his agency and he was aware of no
other State planning agency to which it applied.)
279
Questions to and Answers from Mr. Hawley Atkinson,
Special Assistant to the Governor of the State of Arizona
on the Four Corners Regional Commission
1. QUESTION: Please describe the Four Corners Regional
Commission, particularly those programs involving or affecting
Indians.
ANSWER: The Four Corners Regional Commission is a Title
V Commission authorized by the Public Works and Economic
Development Act of 1965, as amended. The purpose of this Act
is to stimulate economic development in regions of the country
that are lagging behind the national average.
Two agencies were authorized to accomplish the objectives of
the Act: Title V Commissions and the Economic Development
Administration.
Through these agencies, federal funds, additional to those
available through ongoing programs, were to be made available
to States, or political subdivisions thereof, Indian Tribes, or
private or public nonprofit organizations located within the
designated regions.
In terms of the FCRC, the bulk of additional federal funds are
in the form of a supplement to grants extended by basic federal
grant agencies such as Housing and Urban Development, Farm-
ers Home Administration, etc. For our purposes, a basic grant
agency is any federal agency that administers a federal grant-
in-aid program that was enacted prior to December 31, 1969. The
Economic Development Administration was designated a basic
grant agency, rather than supplemental, such as is the case for
the Title V Commissions. Hence, a basic grant by EDA can be
supplemented by a grant from the Four Corners Regional Com-
mission. The Bureau of Indian Affairs, however, is not a basic
grant agency. Hence, their programs are not eligible for supple-
mental funding from the Four Corners Regional Commission.
In addition to the supplemental grant program, the FCRC
also was authorized to establish a technical assistance program.
With respect to Indian Tribes, both grant programs are avail-
able so long as the applicant Tribe is located within the estab-
lished boundaries of the Four Corners Region.
It is important to note that with respect to either supple-
mental grants or technical assistance, the availability of funds,
as well as the eligibility requirements, are equal for Indians and
non-Indians.
Hence, the Four Corners programs for Indians is precisely
identical to programs for non-Indians and both are pursued to
the maximum extent allowed by law.
There some built-in limitations, however, that restrict the ex-
280
tention of Four Corners Regional Commission activities to certain
communities — both Indian and non-Indian.
First, for all practical purposes, the Four Corners Regional
Commission does not have first-funding authority. That is, the
Four Corners Regional Commission can only participate in a
project that has received a grant from a basic federal grant
agency. To the extent that a community or Tribe is unable to
secure a basic grant, Four Corners Regional Commission partici-
pation is eliminated also. It must be noted, however, that it is our
policy to extend every effort to aid the Indian Tribe in its search
for the basic grant.
Secondly, with the exception of some EDA programs, the total
federal contribution to a project is limited to 80%. Hence, the
community or tribe must finance the remaining 20%. Depending
upon local resources and the size of the project, the project idea
must sometimes be abandoned for a lack of the required 20%.
A third limitation is that only those communities located with-
in the boundaries of the Four Corners are eligible for grant
assistance. This eliminates any supplemental grants from the
Four Corners to the Colorado River Indian Reservation, Salt
River Indian Reservation, Fort McDowell Indian Reservation,
San Xavier Indian Reservation Maricopa Indian Reservation,
Gila Bend Indian Reservation, part of the Gila River Reservation,
and most of the Papago Indian Reservation.
A final limitation on the flow of Four Corners Regional Com-
mission money to Indian Reservations is that EDA can often
fund 100% of project costs.
2. QUESTION: What conferences or consultations have you had
with tribal leaders regarding the proposals and programs of the
Four Corners Regional Commission which might relate to them
either directly or indirectly?
ANSWER: In my four years on Governor Williams' staff, my
conferences and consultations with the Tribal leaders have been
a continuing process.
A primary source for the dissemination of information as re-
gards the Commission has been the Indian Development District
of Arizona. The Indian Development District of Arizona is an
Economic Development District funded by the Economic De-
velopment Administration, excepting the Central Office which is
only partially funded by EDA. The five planning areas of IDDA
are funded by EDA on a 75% — 25% matching basis. Each
planning area has a director and a planner. I have worked with
each of these five planning areas and made available to each not
only the services of the Four Corners Regional Commission but
the services of the Governor's Office. (I have been a non-Indian
member of the IDDA Northwest Planning Area for four years.)
281
The Central Office of IDDA is run by a Board of Directors whose
membership consists of one representative from each of the 17
member Tribes. I attended a majority of the Board of Directors
meetings over the past four years. My attendance at these
meetings have been less the last two years — due to our deference
to Tribal leaders' policy of self determination. My attendance has
become more formalized either upon request of the IDDA Exec-
utive Director to attend for specific purpose or at my request for
the same reason. My relationship and communication with the
Executive Director and the IDDA staff has been constant and
continuous. Governor Williams has made the services of his office
available to the Executive Director and the Executive has made
full use of these services.
For example, in the last few weeks the IDDA Prisoner Parole
Rehabilitation Program ran into obstacles. IDDA contacted me
and asked for assistance in opening up lines of communication
with the Arizona Justice Planning Agency and the Arizona De-
partment of Corrections. Both State agencies were agreeable to
discuss the problems. Subsequently, meetings were held and the
problem reconciled. This has been a reoccurring pattern of the
relationship between the Tribal leadership and the Governor's
Office. Most State agencies are not subject to control by the
Governor — the power of the Governor is principally that of
persuasion. Where there has been a desire of Tribal leadership
to establish lines of communication with State agencies or solve
specific problems, the Governor's office has arranged the initial
meetings between the agency and the Tribal leadership, IDDA,
Inter-Tribal Council, etc. After the initial meetings the State
agencies and the Indian leadership have maintained their avenues
of communication and continued to work with each other. Arizona
is fortunate in having Indian leadership that recognizes many of
the Indian problems extending beyond Reservation boundaries
and acting for further integration of the Indian and non-Indian
communities.
A new link in the communications chain between the Gover-
nor's office and the Indian leadership has just been established.
The Governor's Advisory Council on Intergovernmental Relations
(ACIR) has been expanded to include the President of Arizona
Inter-Tribal Council. This new position on the ACIR will have a
vertical effect on increased communications between the Indian
and non-Indian communities. It also involves the private sector of
Arizona. The purposes of ACIR are:
1. Develop long-range policies to assist the State and local
agencies in meeting their common or individual problems.
2. Provide direction to the State and local planning agencies.
3. Inform and advise the Governor and Legislature respecting
282
the Council's activities and recommend policies and programs
for meeting selected problems.
4. Review the allocation of governmental services and resources
between the State and local governments.
5. Develop methods of communication and cooperation among
the various governmental agencies.
6. Serve as a sounding board for new ideas and recommend
practical innovations.
Hence, with the appointment of the President of the Arizona
Inter-Tribal Council, the Indian Tribes are officially represented
in the deliberations of this body.
Another important line of communication instituted by Gov-
ernor Williams was the establishment of Arizona Indian Centers,
Inc. This organization is funded by the Four Corners Regional
Commission to determine the need and location of Urban Indian
Centers and to write a standard operating procedure for these
centers, and upon determination of need and location, to help the
designated communities to establish an Urban Indian Center. The
Board of Directors of Arizona Indian Centers, Inc., is composed of
five Indians and four non-Indians. The professional staff is Indian.
The organization has been funded for three years.
Governor Williams is an exofficio member of the Arizona Com-
mission on Indian Affairs. He appoints the members of the
Commission which by law are five Indian members and two non-
Indian members. This Commission is an effective link in the
avenues of communication between the Governor and Tribal
leadership. It is also an important link between State agencies
and Tribal leadership. I am the Governor's representative to the
Commission and regularly attend the meetings.
The Arizona Department of Economic Planning and Develop-
ment, an arm of the Governor's Office, has recently established
an Indian Desk to assist in economic growth on Indian Re-
servations.
3. QUESTION: What percentage of Arizona land is tribal land?
ANSWER : The Indian Reservations are 27% of the land owner-
ship of Arizona. The following is a detailed breakdown:
Acres
% of Total
Federally Owned Lands
32,336,577
44.49%
Indian Reservations
19,623,399
27.00%
(Federal Trust Lands)
State Owned Land
9,593,589
13.20%
Privately Owned Land
11,126,755
15.31%
TOTAL 72,680,320 100.00%
4. QUESTION: We recognize that this tribal land is not tax-
generating for either State or local governments ; therefore, what
283
bearing does this have on State and local programs available to
reservation Indians?
ANSWER : Tribal land in itself is not tax-generating for either
State or local governments; the people who live on Tribal lands
are tax-generating and are so considered.
The Governor's Office and the Four Corners Regional Com-
mission response to requests from the Tribal leadership is in no
way affected by the tax status of the Indian Reservations. The
State of Arizona is striving for the integration and cooperation
of the Indian and non-Indian communities to solve the problems
common to both communities. The Governor's Office serves all
citizens on an equal basis and tax generation is no criteria for
support.
There are many State agencies and it may be that because of
Federal law or State law that the tax status of the Indian Reserva-
tion does affect services. I cannot recall any instance where any
Indian Reservation has asked for the assistance of the Governor's
Office in the resolving of a problem, that it said assistance has
not been rendered. This is not to say that the solution has always
been favorable.
5. QUESTION: What assistance, technical or otherwise, has
your office provided to Indian tribes?
ANSWER: In 1967, Governor Williams directed the Four
Corners Regional Commission to assist the Arizona Indian Tribes
in their economic development — to work with the reservations in
the Four Corners Region of Arizona — to establish the type of eco-
nomic growth which the Indian leadership, itself, wanted. Not an
economic growth that was based on what the non-Indian felt
should be on the reservation but economic growth that was
desired by the Indian people themselves. This program was im-
mediately put into effect.
In FY 1968, the following two construction projects were
funded:
1.) Construction of a water line on the Hualapai Indian Re-
servation to permit expansion of the Tribe's cattle herd by 700
head. The Commission contributed $12,600; the Tribe, $8,400;
and the Agricultural Stabilization Conservation Service of the
United States Department of Agriculture, $21,000. Total cost of
the project was $42,000.
2.) Rehabilitation of the irrigation system in the Supai Canyon
of the Havasupai Indian Reservation. The Commission contributed
$4,500 ; the Tribe, $3,000 ; and the Agricultural Stabilization Con-
servation Service of the United States Department of Agricul-
ture $7,500. Total cost of the project was $15,000.
3.) Further, in 1968, a $72,000 technical assistance grant was
284
made to establish a central office of the Indian Development
District of Arizona.
The Indian Development District of Arizona, commonly known
as IDDA, was established in 1967 at the instigation of Governor
Williams. Governor Williams directed his Staff Administrator,
Stan Womer, to make the necessary arrangements, necessary
coordinations, to establish an economic development district soley
for the Indian people in the State of Arizona. The first steps in
this were taken in cooperation with the Bureau of Indian Affairs,
Industrial Development Department. Funds were obtained from
EDA to create an Indian Economic Development District com-
prised of five planning areas. This included all of the Tribes in
Arizona excepting the Navajo and did include one California
Tribe, the Quechans. The primary charge of the director of each
planning area was to assist the reservations in its planning
area to achieve the economic development which its leadership
desired. Each of the Tribes had varying ideas on what type of
economic development they wanted created on their reservation
and the employees of IDDA were strictly instructed to adhere to
the wishes of the Tribal leaders.
When Governor Williams, with the cooperation and assistance
of the Bureau of Indian Affairs and the Economic Development
Administration, interested these 17 Tribes in establishing an
economic development district; it was unique. For many of the
Tribes it was the first cooperative effort between the various
Tribes in Arizona to acheive any common goals. IDDA is truly a
unique organization and there is none like it in the rest of the
United States. Since IDDA has been established, there has been
a commonality of interest established amongst the Tribes that
never existed before. There has been a cooperation and a
coordination of their efforts that never existed before. And
there have been unselfish acts upon the part of the larger Tribes
to assist those Tribes which are not so fortunate in location of
their reservation lands and their natural assests.
The Indian Development District of Arizona has been re-
sponsible for over $14 million being spent in the furtherance of
economic development on Indian reservations. In FY 1972 the
expenditures themselves were over $5 million. So from this con-
cerned Governor who dreamed of an Indian people having their
own economic development district has come a flow of over $14
million to achieve this ambition. The Four Corners Regional
Commission has never had the financial capability or capacity of
assisting the Indian Reservations with the same type of vast
funding that EDA has. But every effort has been made to use
these funds on selective basis that would assist the Indians in
special projects which were badly needed by them.
285
4.) In FY 1969, Governor Williams again requested and re-
ceived $72,000 from the Four Corners Regional Commission for
the Central Office of IDDA. Without this $72,000 grant the
Central Office would not be in existence to supply and supple-
ment the vital work that was not taking place in the planning
areas.
5.) Further, in FY 1969, a supplemental grant for construction
purposes was made to the Navajo Tribe for the Chinle Nursing
Home. The Four Corners Regional Commission funds for a total
$105,000 ; HEW funds $459,313 ; State and local funds $639,000.
The total cost of the project was $1,203,313.
6.) FY 1970 again saw the Four Corners Regional Commis-
sion take an active part in the development of the Indian Res-
ervations in Arizona. Under the direction of Governor Jack
Williams, the Navajo Tribe received for its Navajo Tours, $18,711.
7.) The Indian Development District of Arizona, IDDA, again
received a large Four Corners technical assistance grant. This
year the grant was $47,500 to assist the Central Office.
8.) Further, in FY 1970, a modern mobile library bookmobile
was put into operation on the Navajo Reservation. This mobile
library bookmobile was funded by the State of Arizona for
$25,000 and by the Four Corners Regional Commission for
$25,000. This socio-economic technical assistance project was
highly received by the Navajo Tribe and has been enthusiastically
requested since.
9.) Another project that indirectly concerns the Navajo Tribe
and the White Mountain Apache Tribe was the Pine Stump proc-
essing project funded in the amount of $44,000 in FY 1970 and
in the amount of $10,000 in FY 1971. This project is to recover
turpentine in Naval Stores from the pine stumps that have been
left in the ground throughout Northern Arizona and New Mex-
ico. It is to be hoped that an industrial plant to recover these
products will be established in Northern Arizona in the very
near future and will be a large employer of Indian people.
By the end of 1970, it was obvious that progress was being
made on the Indian Reservations. There was still a long way to go
but the progress was there. It was also evident to Governor
Williams that there was another segment of the Indian popula-
tion that had been forgotten. Those Indians, who for reasons of
their own, had left the reservation and were endeavoring to make
their way in an non-Indian world — the urban Indians of Arizona.
In 1970, Governor Williams directed his staff to contact urban
Indian leadership and concerned non-Indians to endeavor to come
up with a plan to establish a system by where the Four Corners
Regional Commission could assist urban Indians of Arizona.
286
Particularly those Indians in the Four Corners Regional Commis-
sion Region. This was the beginning of the birth of the Arizona
Indian Centers, Inc., a group of Indians and non-Indians who are
dedicated to the concept of assisting the urban Indian to create a
better social and economic life for himself. There was only one
request that the Governor made to this group of dedicated men
beyond that of accomplishing their mission and that was the
leadership must remain in the hands of the Indian people to
achieve the goal which was so eagerly sought by himself and by
the board of directors of the Arizona Indian Centers, Inc.
10.) Arizona Indian Centers was funded for $35,000 in FY 1971
and it was a most worthwhile investment. For those who really
like to delve into the details of what the Arizona Indian Centers,
Inc., has accomplished, there are many written records to sub-
stantiate the remarkable success of this organization.
Further, in FY 1971, the Gila River Career Center which is
located at Sacaton, Arizona, and primarily serves the Indian
people of Pinal County, was established. It has been doing an
excellent job in career.
11.) To assist the Career Center in the evaluation of their work,
an $18,356 grant was given to the Arizona State Employment
for an Occupational Demand Study in Central Arizona. Further,
in relationship to not only the Gila River Career Center but to
other career centers, a grant for $29,000 was made to the
Vocational Education Department of Arizona to assist in the
evaluation of locations and need of other career centers through-
out Arizona particularly as related to the Indian Reservations.
Field individuals hired under this grant also directly assisted the
Gila River Career Center.
12.) In FY 1971, further supplemental grants were made to
Indian Tribes of Arizona. To the White Mountain Apache Tribe
for the construction of what is called the White River Bridge
which is vital to the operation of the Fort Apache Timber
Company. A Four Corners Regional Commission grant was made
in the amount of $100,000; the basic grant from EDA was in
the amount of $260,800 ; the State and local portion was $90,200.
For a total cost of $451,000.
13.) A grant was made to the Navajo Tribe for a new construc-
tion of the Navajo Rehabilitation Center in the amount of
$120,000; the basic grant was $100,000; State and local funds
$130,000; for a total cost of $350,000. (You will remember that
in FY 1969, Governor Williams had the Commission grant the
Navajo Tribe $105,000 for the Chinle Nursing Home. The Chinle
Nursing Home and the Navajo Rehabilitation Center are coordi-
nated projects both located in Chinle, Arizona, on the Navajo
Reservation.)
287
Before we list Arizona's FY 1972 Four Corners Regional Com-
mission projects which Governor Williams requested for the
Arizona Indian people, it would be appropriate to mention that at
the instigation of Governor Williams and other Governors of
the Four Corners Regional Commission, other monies have been
spent in support of the Indian people in the Four Corners Region.
One of the most important expenditures of funds was in the
amount of $50,000 to the Navajo Tribe in relationship to the
Navajo Farm Training and Crop Production. The Navajo Tribe
has a large irrigation project which has been taking place over the
last few years and will be progressing through at least four
more years. This project will enable the Navajo Tribe to en-
large its irrigated land by over 100,000 acres which would pro-
vide untold employment opportunities to the Navajo people. It
will also create a center of wealth in the Four Corners Regional
Commission area.
In FY 1972 Governor Williams funded through the Four
Corners Regional Commission the following Indian projects:
14.) $11,000 to Indian Development District of Arizona for the
operation of its Central Office. (Also Governor Williams directed
that the Four Corners Regional Commission request three em-
ployees from the Emergency Employment Act which would be
for the Four Corners Regional Commission Office and then would
be assigned to IDDA ; this has been done.)
15.) A Technical Assistance Grant to the Navajo Tribe of
$77,000 for ambulance service on the Navajo Reservation. This
is the part of the emergency medical services which is taking
place throughout Northern Arizona.
16.) The Hopi Tribe received $46,880 for irrigation and range
management projects on the Hopi Reservation.
17.) The Navajo Tribe requested funding for the Western Ap-
prenticeship Council to establish an apprenticeship program re-
lated to the Navajo Generating Plant at Page. Governor Wil-
liams requested and received from the Four Corners Regional
Commission a $27,500 technical assistance grant to assist the
Indian people to take advantage of the employment opportuntities
created by the generating plant, the coal mining and the trans-
portation of the coal to the Page plant.
In FY 1973 the following Indian projects have been recom-
mended by Governor Williams to the Four Corners Regional
Commission:
18.) Arizona Indian Centers— $35,000— FY 73 is the third year
this organization received Four Corners Regional Commission
funding. The purpose of the Centers is to help ease the transition
288
of those Indians who translocate from a rural reservation to an
urban way-of-lif e.
19.) Gila River Career Center — $19,104 — The purpose of this
grant was to lease data-entry equipment for the Career Center
whose objective is to train Indians in the Sacaton area for stable
employment opportunities within the data processing field.
20.) Gila River Indian Community — $14,135 — This grant was
to provide funds for a management trainee program. The recipi-
ent of this training would assume general management of the
51% Indian owned FM4 Corporation which employs many of the
graduates of the Gila River Career Center.
21.) Indian Development District of Arizona (IDDA) — $25,-
000 — The grant provided in FY 73 was the sixth year the Four
Corners Regional Commission has funded IDDA.
22.) Kitsillie — $25,000 — This grant was for the purpose of con-
verting surplus trailers into permanent classrooms at Kitsillie
on the Navajo Reservation.
23.) Fort Mohave Indian Reservation — $30,000 — This grant
will provide an irrigation engineering study required by the
Bureau of Reclamation as a requisite for a loan up to $5,000,000
that will bring 10,000 acres under cultivation.
24.) Kaibab-Paiute Indian Tribe — $25,000— This grant is to de-
termine the quantity and quality of water resources in a known
water field. The knowledge gained by this study will permit the
Tribe to formulate specific designs for its economic development
programs.
It is my opinion that the attitude and response of the Gov-
ernor's Office to the requests of the Tribal leadership is as im-
portant as any project we have initiated in support of the Indian
Reservation and Tribal leadership. There is no monetary value
which can be placed on the harmonious working relationship that
have been established between the State agencies and the Tribal
leadership.
6. QUESTION: Commission staff members have been told that
Arizona Indians are not adequately represented on the planning
bodies that are responsible for the distribution of Federal pro-
gram funds throughout the State. Would you please comment
on this ?
ANSWER: Your question is not clear to me. We have made
an effort to place Indians on Advisory Councils. There has been
an Indian on the Governor's Advisory Council for the Aging for
many years. At this time there is a vacancy on this advisory
council awaiting the recommendation of the Navajo Tribal Chair-
man, Peter MacDonald, of a person to fill the vacancy.
289
There has been little or no request by the Indian Tribal leader-
ship to appoint Indians to Commissions. To the best of my
memory, I do not remember a request to appoint an Indian mem-
ber to a Commission or an Advisory Council, excepting the
Arizona Commission on Indian Affairs.
EXHIBIT NO. 1
21662
commission m mi sights
ARIZONA AND NEW MEXICO
Notice of Hearing
Notice is hereby given, pursuant to the
provisions of the Civil Rights Act of 1957,
71 Stat. 634, as amended, that a public
hearing of the U.S. Commission on Civil
Rights will commence on November 14,
1972, and that executive sessions, if ap-
propriate, will be convened on Novem-
ber 14, 1972, to be held at the Albuquer-
que Convention Center, 401 Second Street
NW., Albuquerque, NM; and on Novem-
ber 17, 1972, at the Phoenix Indian High
School, 45 East Midway, Phoenix, AZ. The
purpose of this hearing is to collect in-
formation concerning legal developments
constituting a denial of equal protection
of the laws under the Constitution be-
cause of race, color, religion, or national
origin regarding the living conditions,
the educational opportunities, the em-
ployment opportunities, the opportuni-
ties for adequate health services, the
administration of justice, and the pro-
tection and preservation of water re-
sources as they affect American Indians
residing in the States of Arizona and
New Mexico; to appraise the laws and
policies of the Federal Government with
respect to denials of equal protection of
the lav/s under the Constitution because
of race, color, religion, or national origin
as they affect the educational opportuni-
ties, the employment opportunities, the
health care opportunities, the adminis-
tration of justice, and the protection and
preservation of water resources as it
affects American Indians in the above
8,reas, and to disseminate information
with respect to denials of equal protec-
tion of the laws because of race, color,
religion, or national origin in the fields
of employment, education, health care,
the administration of justice, and the
preservation and protection of tribal
water rights and related areas.
Dated at Washington, D.C., October 6,
1972.
Theodore M. Hesbtjrgk,
Chairman.
[FT4 Coc.72-1743tt Filed 10-12-72;8:45 am]
FEDERAL RHGISTi-a, VOL 37, NO. 199 — FRIDAY, OCTOBER 13, 1972
(290)
EXHIBIT NO. 2*
* Entered into the record during Executive Session,
(291)
EXHIBIT NO. S
URBAN INDIAN PROJECT
I. INTRODUCTION
In 1970/ the Phoenix Indian Center, realizing the need
for a larger agency to deal with the many problems of the
Phoenix Urban Indians, submitted to the United Fund a pro-
posal for a demonstration project. Prior to this proposal
the Indian Center had been operating on a budget in the
neighborhood of $8,000.
The Indian Center, was able then, to obtain a $100,000
grant from the Indian Desk of the Office of Economic Oppor-
tunity. This money was funneled through the LEAP (Leadership
Education for the Advancement of Phoenix) Organization, who
administer the funds. The Community Council, in their efforts
to assist the Indian community brought together Indians re-
presenting different Indian organizations, who formed the
Urban Indian Project.
The basic purpose of the project was to provide informa-
tion for the non- Indian community about problems and needs of
the Urban Indian and make recommendations to the appropriate
agencies, both voluntary and governmental, as to the ways and
means to meet these needs.
It soon became obvious that although, the need was known
in this area, there was no comprehensive study or plan for the
Phoenix area.
This led to the appointment of the Ad Hoc Committee, to
determine how a- comprehensive plan could be accomplished, to
devaiop a proposal for a research project; to collect infor-
(292)
293
EXHIBIT NO. S (Continued)
mation to assist in the planning of programs for the Urban
Indian. The committee met several times with representatives
from the National Indian Training and Research Center.
In May 1971, the Community Council entered into a contract
with the National Indian Training and Research Center, to con-
duct a study; the ultimate focus of which would be an action
research project proposal.
In October 1971, Phase I of the study was completed and
submitted. Phase I contained background information on simi-
larities on Urban Indian experiences, trends, compared differ-
ences and highlighted the issues involved in American Indian
Urbanization.
Phase II of the Phoenix Urban Indian Study is now complete.
Phase II of the study is focused entirely on the Phoenix Urban
Indian community. The thrust of the study has been aimed at
determining the major topics and themes, so as to pinpoint the
issues of importance in Urban Indian life. Phase II was con-
ducted with the hope of accomplishing this end.
294
EXHIBIT NO. 3 (Continued)
II. METHODOLOGY
A. Staff : Coordinator of Phase II - Sidney Beane
Director of Internship at Cook Christian
Training School, Tempo , and also a member
of the Ad Hoc Committee.
Researchers ; Gus Greymountain and Wes Martin of the
National Indian Training and Research
Center.
Volunteer Workers: Liberal Jackson
Floyd Bringing Good
Kent Track
Sam Scott
B. Data-Gathering
The primary process employed was interviewing. Dur-
ing the three months time on Phase II of the study, over
40 persons were interviewed including numerous organiza-
tions, agencies, and departments within the city and state
governments.
Emphases was on seeking out varied opinions and feel-
ings on issues concerning the Indian community. Efforts
were made to up-date existing statistics if available and
if not available (which was often the case) , whenever pos-
sible research was conducted in order to provide some use-
able knowledge of the subject or area. Time was also spent
talking to Indian people within the community.
C. Progress Report
On January 13, 1972, the Phase II progress report was
submitted to the Ad Hoc Committee. In attendance were:
Gregg Goggin - Community Council
E. Johnson - Phoenix Indian Center
Liberal Jackson - Volunteer Worker
Floyd Bringing Good - Volunteer Worker
Paul Klores - Community Council
Kent Ware, Sr . - Arizona Indian Centers, Inc.
Angie Torres - Arizona Civil Rights Commission
Sid Beane - Cook Christian Training School
Lem Ignacio - Center of Community Change
Bill Street - Tri-C Community Council
295
EXHIBIT NO. S (Continued)
The progress report was given in the form of a brief
presentation on the results of interviews up to that date.
The Items that were discussed were:
1. Existing organizations not representative of
the Indian Community.
2. There is a controversy revolving about the Phoenix
Indian Center. This controversy has brought about
a tenseness in the Phoenix Indian community, es-
pecially between organizations. However, it was
also expressed that the center was doing a better
job than ever before.
3. Phoenix Indian Center is fulfilling a much needed
service but there is also a need for a larger
organization to work with that portion of the
Indian community, in need of services in other
areas such as community organization which will
be strong enough to address itself in issues such
as discrimination, employment, housing and health.
The need for a coalition was expressed many times.
4. There is a need. for a job index, which would pro-
vide an up-to-date listing of skilled and/or Indian
professionals in Phoenix. This could be kept in
an Information Center for which there is also a need.
5. Communications between organizations are poor.
6. More youth involvement is needed.
7. "Grass-roots" people are not aware of or very in-
volved in the community services.
296
EXHIBIT NO. 3 (Continued)
III. SCOPE
The survey focused primarily on the Phoenix Indian com-
munity. The survey did not intend to study problem areas in
depth, but to gather existing data as compiled by various a-
gencies. In depth research should follow.
In terms of location, there is no central Indian community,
only concentration of Indians, the four principal areas being:
1. Downtown Phoenix - Along Van Buren from 35th Ave. -
24th St.
2. Indian School Rd . - 7th Ave. to 16th St.
3. Scattered families in between the above mentioned areas
4. The Glendale - Sunnyslope area.
When reference is made to the nPhoenix Indian community",
this includes Tempe, Mesa, Scottsdale, Glendale. This study
has also taken into account the transient population and the
nearby reservations (Salt River, Gila River, Maricopa) .
The BIA, Indian Health Service, state government agencies
as well as city government agencies were among those contacted.
In the case of the before mentioned emphasis was placed on the
city government.
Indian organizations, churches, schools, businesses, and
community people were interviewed. This in order to obtain
as wide a spectrum of Indian community life as possible. Pro-
fessional as well as blue-collar workers, established, middle-
class Indians as well as the transient, down-on-his-luck type.
Opinions, experience and recommendations, were asked for
and obtained, all of this in order to obtain as accurate a
picture as possible. Many times we could not obtain accurate
5
297
EXHIBIT NO. 3 (Continued)
up-to-date statistics on Indian people. These statistics are
needed and more in-depth studies, should be made and appropriate
agencies should be encouraged to gather statistical data on
the off -reservation Indian population.
298
EXHIBIT NO. 8 (Continued)
IV. NEED
The need for a coalition of community organizations, with
maximum involvement and input from the community, for the com-
munity is of the utmost importance and should have the highest
priority. Because of the lack of an organized Indian community,
there is a distinct lack of a sense of community with which the
Indian people can identify.
The Indian community because they have no strong voice
are often passed over and ignored by the city government when
it plans programs, employment, etc.
To realize the potential of a united Indian community or-
ganization, one has only to look at the Mexican-American coa-
lition (Valle Del Sol) and the Black community. These two
ethnic groups have made great strides forward, but only after
organizing.
The Mexican-American coalition is composed of many differ-
ent organizations from all elements of the Chicano community.
Conservative, progressive, social, political, educational,
youth groups, and when they have their differences, they keep
them inside the coalition and settle it among themselves.
There are no phone calls made to the mayor's office, when one
organization attacks another. An organized community would
prevent duplication of services by various organizations. A
blanket organization is needed which would include representatives
from all the Indian groups in Phoenix, to quote an oft used
phrase "in unity there is strength".
299
EXHIBIT NO. 3 (Continued)
V. COMMUNITY ISSUES
The absence of a definable Indian community with an organi-
zation to speak for it, creates power lessness to deal with poli-
tical-social issues. This was amplified in the matter of Urban
Indian Health which just recently became an issue. The community
had to go about calling meetings, organizing, electing officers,
etc. This lengthy process could have been avoided if an organi-
cation had been in existence to deal with just such issues.
There are other issues affecting the Phoenix Urban Indian
community. In areas of employment, education, and discrimina-
tion. For such political issues, a strong independent organi-
zation is needed, non-dependent upon city funds or governmental
funds, free to move, to take action without being manipulated
by agencies such as LEAP and without fear of having funds cut
off.
This study also included looking about for monies to fund
such a coalition and funds are available. The opinion has been
expressed that it is too soon for a coalition. It is our be-
lief that it is better to be too soon than to be too late.
There is a danger that if we wait much longer that some people
in the community will be "turned off" completely from parti-
cipation in any type of organization, simply because the ones
now in existence have done little or nothing. It is almost
summertime and who will speak for the youth? Who will help
them to find employment and recreation? Youth involvement is
but one of the issues affecting the community. Foremost is the
need' for a strong political-economical power base with which
to deal with the immediate problems and the source or reason
8
300
EXHIBIT NO. 3 (Continued)
for the existence of such. In the words of an official for
the city's planning department, the reason for the failure of
the city to take into consideration the city's Indian popula-
tion in it's planning is, "Indians haven't been putting any
organized pressure on the city government."
301
EXHIBIT NO. 8 (Continued)
VI. FINDINGS
A. Employment
The state employment office does not have anyone to
work directly v/ith Indians. Very few statistics on Indians
living in metropolitan Phoenix are available. The Phoenix
Indian Center does have a job bank which plays a tape every
day on jobs available. It does manage to place some people
in jobs, how many we do not know.
The city government of Phoenix, in 197 0-71 employed
51 American Indians out of a total of 5,413, approximately
9%. The majority of these workers were operative semi-
skilled (28). There were no Indians in administrative or
professional positions. Of the 51 Indians employed by the
city, 32 of these work for Water and Sewers Department,
this implies clearly that the city of Phoenix is practic-
ing institutional racism. To cite a few departments where
there are no Indians employed; city court*, fire depart-
ment, human relations**, city manager's personnel***,
planning, police*, and public housing.
* There are only 2 Indian policemen now on the police
force, and at last word, one in the academy. There are
no Indians working with the courts. The percentage of
Indians going thorugh the court, and then to jail, is
high. There are no Indians employed by the Police Depart-
ment, in their correctional facilities; These facts
point out only too clearly that something should be done
by someone and it's pretty obvious that the city is not
10
302
EXHIBIT NO. 8 (Continued)
going to do anything about it unless organized pressure
is applied.
** The Human Relations Commission is carrying on a Own-
Recognizance Program in the city court every day to in-
cerview prisoners and determine who without funds to
post bail should be let free on their own recognizance,
rather than plead guilty and accept a jail term. They
agreed tc our committee of 5 that they would attempt
efforts at making a position available in which an Indian
person would be given priority. These efforts failed
because Glenwood Wilson, prominent Cherokee, took ill.
*** The same tactics worked quite well for us with the
city's EEO Officer in Personnel. Going together as a
group representing the Phoenix Urban Indian Project and
the ASU Indian Alumni Association, we confronted the
Personnel Officer and inquired as to why there wasn't an
Indian working there when obviously the need was apparent.
They agreed to hire one. These incidents carried off only
by four or five persons, are cited only to demonstrate
that a political power base, is needed to act in behalf
of the Indian community. One can imagine how many changes
could be effected by a strong organization with community
backing.
11
303
EXHIBIT NO. 3 (Continued)
B. Alcoholism
The law enforcement agencies of Maricopa County and
the city of Phoenix, arrest some 7,000 Indians annually
for charges such as Drunk and Disorderly, Driving While
Intoxicated, and drinking under age. Statistics of the
city court's department reveal that 25% of all males
arrested for liquor related offenses are Indian and 50%
of the women arrested for the same offenses are Indian.
(In spite of the high percentage of contact with police,
the Phoenix Police Department employs only 2 Indian officers.)
Indian people account for, at the most, 2% of the city's
population. The Indian is one of the smallest minority
groups in Phoenix and yet one that has the greatest problem.
These figures affect each and every Indian in Phoenix,
directly or indirectly. Therefore, we should concern our-
selves with the situation, and determine where our efforts
will be best put to use.
Of the 7,000 Indians arrested annually, many are
visiting Indians from outlying reservations, who come to
the city and are locked up for being drunk at least once
and possibly many more times, before they leave.
Some of these Indians, it is known are victims of
bartenders who are not exercising their responsibility of
cutting off Indian customers, who have had enough to drink:
as long as they have the price of a drink they will be
served. Others are victims of promotion-seeking police
officers, simply out to bust as many people as they can.
12
304
EXHIBIT NO. 3 (Continued)
These and other factors manifest themselves in the
situation we have before us, namely, the problem of the
Indian with the habitual drinking arrest record and the
city's inability to cope with the situation.
Presently, in Phoenix, there are several alcoholism
programs available for Indians to participate in. The
only one for Indians is at the Phoenix Indian Center, its
degree of success is not known by the writer. The Phoenix
Indian Medical Center does not offer anything in the way
of a detoxication center which is sorely needed at this
time. PIMC only treats alcoholism when a patient is admitted
suffering from some other disease or injury, and alcoholism.
The facilities are just not available at the PIMC.
The city should explore the feasibility of a detoxi-
cation treatment center at the compound for those persons
repeatedly arrested on drunk charges both Indian and non-
Indian. Such a project should include counseling by Indian
personnel.
A meeting was held on January 13, 1972, of various
agencies and resources in Maricopa County concerned with
the problem of alcohol abuse and alcoholism, to discuss
this matter in relation to services (or lack of) provided
for Indians residing in Phoenix. The needs were discussed
and it was pointed out that there was a very definite need
to unite and coordinate efforts in seeking funds and de-
veloping a successful program treatment of Indian alcoholics..
From this group the Phoenix Urban Indian Alcoholism
Coalition, was formed and a committee was appointed to
13
305
EXHIBIT NO. 8 (Continued)
gather existing data and to invite the participation of
other groups. The information that was gathered was to
be used to write a proposal for funding of an Indian
Halfway House.
Progress has been slow for the Alcoholism Coalition,
St. Luke's Hospital and the Indian Health Service have
been the two most concerned with making the Indian Halfway
House a reality. As the Indian Center has an Indian alco-
holism program on-going and does have an outreach worker,
their input is very much needed, as surely by now they
have developed some expertise and are concerned.
C. Education
The Phoenix Urban Indian seeking education for him-
self and his life must depend upon the state, county, and
city public school systems. There are some vocational
training programs for the general public which the Indian
may take advantage of such as MDTA. Special adult edu-
cation classes are available at the Phoenix Indian Center,
how successful or what the participation has been is not
known .
In the Phoenix Union High School Systems the number
of Indian students is 40.. The only reason that these
statistics are available is because the schools are re-
quired to submit the number of American Indian students
attending, in order to request JOM funds to supplement the
school budget. The JOM Act passed provides money for
Indian education. Money under that Act is to be spent
only for Indians.
14
306
EXHIBIT NO. 3 (Continued)
Indian children bring millions of Federal dollars each
year into public school districts. Indian children are
counted 3 times under 3 different statutes, in order to
make a school district eligible for Federal funds. These
funds are supposed to support both the basic educational
program in Indian schools and special programs designed
to meet the unique needs of Indian children.
This is the legal framework. But, what really happens
to the money? How are Indian children faring in Phoenix
public schools?
These are questions that need to be answered, and yet
one can almost with complete certainty say that enough is
not being done with the Federal monies to promote the edu-
cation of Indian children.
Recently the Chicano coalition and the Black communi-
ty through organized efforts brought enough pressure to
bear upon the PUHSS, that the school district agreed to
hire employees on a percentage basis. The percentage
corresponding to the percentage of Blacks and Chicanos
enrolled in the school. There are considerable differences
in the cultural backgrounds of these two ethnic groups and
that of the Indian, this we know. However, this is only
mentioned to cite the fact that organized pressure can
bring changes.
More in-depth study is needed in this area. There
are few statistics available.
There is a substantial number of young people attending
trade schools or junior colleges, under programs sponsored
15
307
EXHIBIT NO. 3 (Continued)
by the employment assistance branch of the BIA. There is
little that is offered to these students in the way of
recreation, most are here from reservations and the only
places for them to go to meet other students are to bars
frequented by Indians.
Both the junior colleges and Arizona State University
have Indian clubs, these students are concerned and wish
to become involved in the community. These young people
should be encouraged to participate and become involved.
The effect that this would have on the Indian community
could only be good. More efforts should be directed to
meet this need.
D. Health
There is very little information available on health
problems concerning the Urban Indian community. Most of
the Indian people make use of the Phoenix Indian Medical
Center, of late, however, there have been rumors circulat-
ing of the intention of the IHS to make certain urban
Indians ineligible for service at the Indian Hospital.
This issue brought together a large number of Indian people
who organized to protest their right to medical services
at the Indian Hospital.
As tax paying citizens, Indian people are eligible
for medical treatment at the county hospital, but it has
long been the policy of the county hospital to refer all
Indians to the Indian hospital. Therefore, if certain
Indian people are denied medical treatment at the PIMC
16
308
EXHIBIT NO. 8 (Continued)
because they are "urban" Indians, this would indeed create
a critical situation.
In the very near future the outcome of this issue
may create more problems for Indians residing in urban
areas. Hov/ever, because they have organized, the Indian
community's position is much improved.
City health agencies have stressed the need for a
detailed study to be done on the Indian population of
Phoenix, so that they can include Indians in their pro-
gram planning. It is not known what the healtn needs
of the Indian community are.
Also in Phoenix there is a need for a program aimed
at helping Indian youth to become more aware of alcohol'
and drug abuse. In speaking to an officer within the
Phoenix Police Department, this need was brought out and
ways to meet it were discussed. The Phoenix Police De-
partment would be willing to work with any youth or other
group interested in preventing alcohol and drug abuse
among young people. This is a definite need, and cannot
be over emphasized.
E. Housing
There is very little information available on the
housing needs of Indians in Phoenix, except that there is
a need for a housing specialist to deal directly and
specifically with this problem. The city of Phoenix, in
their low-income housing projects have approximately 30
Indian families, with 3 families (out of a total of 700
applicants) on the waiting list. The reasons for the low
17
309
EXHIBIT NO. 8 (Continued)
number of Indians participating in the city's low-income
housing projects, are not clear. However, it is known
••■hat Indians prefer to live among Indians and that the
projects are either predominately Black or Chicano. This
hesitancy among Indians to assimilate, would be a major
factor to take into consideration when planning future
housing projects for Indians (if ever) .
The Phoenix Indian Cneter during the month of January,
had 28 requests from Indian people for housing. They are
not equipped to handle the housing problems of Phoenix's
Indian population, however, a housing specialist could be
very useful working With or out of the Indian Center.
F. Welfare
There were no statistics available for the city
welfare department. The only available statistics are
those for Maricopa County, and the figures we were given
for Indian participants in the state welfare program was
very low. Obviously, more study is needed in this area.
18
310
EXHIBIT NO. 3 (Continued)
VI. RECOMMENDATIONS
A. The survey concludes the lack of any adequate data
on Phoenix Urban Indians problems from which to plan
and develop comprehensive program solutions.
0 We recommend an in-depth coordinated research effort
into the designated problem areas surveyed in this
report.
B. In conjunction with a coordinated research program
the is further need for an organized communityrwide
communications and planning network.
° We recommend the expansion of the Urban Indian Project
Committee as the mechanism for the development of
such a network or coalition.
C. The survey concludes that the Phoenix Indian Center
has currently the most comprehensive programatic
approach to solving Phoenix Urban Indian problems as
a social service agency.
° We recommend that further social service programs
be planned and developed in relationship with the
existing Indian Center.
D. The survey concludes the lack of any coordinated social
action effort within the Urban Indian community.
° We recommend the proposed Indian community-wide net-
work or coalition assume primarily a planning co-
ordinating and social action approach to community
problem-solving .
E. The planning and participation in the development of
such a network should remain open. to all Interested
Indian groups and organizations.
° We, therefore, also recommend the further utili-
zation of the Committee approach ; rather than
presently incorporating as an organization.
19
311
EXHIBIT NO. 3 (Continued)
The survey concludes the necessity of employing a
full-time Indian community organizer to carry-out
under the auspices of the Urban Indian Project Com-
mittee the previously stated recommendations.
° We recommend the utilization of an agreed upon
conduit organization to fund such a position.
° We further recommend that the Project Committee
approach the existing Indian organizations, Com-
munity Council and United Fund for resources to
hire a community organizer.
20
312
EXHIBIT NO. 8 (Continued)
BIBLIOGRAPHY
William Joe - Arizona State Employment Service
Angie Torrez - Arizona Civil Rights Commission
Milford and Jeannie Sanderson - Amerind
Rose King - Director, Phoenix Indian Center
Dorothy Allen - Phoenix Indian Center
Jim Hyslop - Phoenix Indian Center Board of Directors - Chairman
Curt Nordwall - Arizona Indian Centers, Inc.
Juana Lyons - Arizona State Employment Service
Capt. Doze Nelson - Phoenix Police Dept., Community Relations Officer
Henry Cabiroc - Human Relations, City of Phoenix
Jim Boozer - Human Relations, City of Phoenix
Rev. Joed Miller - First Presbyterian Church
Leon Ignacio - Center for Community Change
Dan Hopkins - Concerned Indians
Paul Klores - Valley National Bank
Manny Ballesteros - Phoenix Public Housing
Pat McGee - Indian Development Districts of Arizona
Grace McCullough - Indian Development Districts of Arizona
Rudy Paz - Personnel Officer (EEO) City of Phoenix
Eugene Wilson - Public Health Service, Phoenix Area Office
Sam DeCorsi - PHS-IHS, Phoenix Area Office
Joyce Neil - Maricopa County Hospital, Social Services
Jesse Sixkiller - Director, ACTION Agency
Cecil Corbett - Director, Cook Christian Training School
Vince Doyle - LEAP Center #1, Director
Kit Evans - Valley National Bank - CIRCA Committee
EXHIBIT NO. k
presented to Phoenix Indian Health Board on
2-10-72
Availability of Health Services
to Phoenix Urban Indians
To explain the status of Urban Indians in relationship to the services
of the Indian Health Service is both confusing and difficult. Perhaps by
following a sequence of a negative position to a positive position may be
the most logical and understandable approach in explaining this matter.
The General Counsel's Office of the Department of Health, Education
and Welfare has advised that individual Indians do not have entitlement to
services provided by the Indian Health Service, The individual becomes
eligible for health services through membership in a group, tribe or band
for whom Congress has given the responsibility to Indian Health Service for
providing Vip^Hh services- Congress has indicated the intent that Federal
services be provided to Indians who reside on reservation^ (trust property)-
for which the Federal government has a trustee responsibility. Indian people,
who by leaving the reservation leave the Indian group whicli is eligible to
receive Federal services, are considered to no linger be within the scope
of the Federal programs.
(Individual Indians as American citizens do have legal entitlement to
services of a state provided to all state citizens similarly circumstanced.
"Similarly circumstanced" means meeting specific criteria to receive
services, such as, being indigent or medically indigent. In other words,
some state services are not available to 100% of the stale citizens, but are
available to those citizens who are unable to obtain services through their
own resources. This is, of course, another subject that would require
(313)
314
EXHIBIT NO. 4 (Continued)
2.
extensive explanation regarding residence requirements, state means
test etc. )
Several recent acts or actions confirm the position taken by the
General Counsel's Office. The President's Special Message to Congress
on Indians, Section 7, points out that Federal Indian services are for
reservation Indians, (see attachment). The Congress on two occasions
has in effect confirmed this position by specifically authorizing Indian Health
Service to provide some health services to at least two Urban Indian groups
residing in Rapid City, South Dakota and the Minneapolis -St. Paul, Minnesota
The Indian Health Service in the late 1950!s, exercising the broad
discretionary powers delegated to the Secretary of Department of Health,
Education and Welfare, broke with tradition and began to identify drawing
areas, service areas or patterns of Indian utilization of Indian Health Service
hospitals and health centers. These service areas generally were much
larger than the geographic boundaries of the reservations as they related
to an area within which individuals travelled to get to an Indian Health
Service hospital or clinic. Using the service areas or drawing areas concept,
Indian Health Service then established Service Unit boundaries, and stated as
policy that we would try to provide direct health services to all individuals
who could be identified as being of Indian descent, and who resided within the
boundaries of a Service Unit. Sometimes Indian Health Service even went
further and stated that whenever possible we would try to provide services
at IHS health facilities to Indian people who ?ived outside a Service Unit but
who were able to present themselves to an HIS health facility.
315
EXHIBIT NO. 4 (Continued)
3.
In the case: of the new Phoenix Indian Medical Center, the justification
presented to Congress to support the appropriation of funds to construct
the new hospital was based on (1) the need to provide primary health services
to Indians residing on reservations within the Phoenix Service Unit, and
(2) to provide medical center referral facilities for the other Phoenix Area
Service Units. The urban Indian population of Phoenix and other valley
cities was not counted or included in the justification. Although the new
Phoenix Indian Medical Center has folJowed established Indian Health Service
policy, and provided services to all recognized Indians residing within the
Phoenix Service Unit, including Urban Indians, the health needs of the
Urban Indians cannot be used as a justification for increasing personnel,
or for expanding the size of the Phoenix Indian Medical~Center without
specific authority from Congress. An additional application of the broad
Indian Health Service policy was the acceptance of representation from the
Urban Indians on the Phoenix Service Unit Indian Health Board.
Since the opening of the new Phoenix Indian Medical Center, the workload
has exceeded that anticipated. This has been especially true for outpatient
services and deliveries. A significant amount of the services have been
provided to Urban Indians. For example, for the six months period January 1
through June 30, 1971, slightly over 58% of outpatient visits were made by
individuals who gave as their residence one of five Valley cities.
If the Urban Indian population continues to grow in the Valley, and the
request for services at Phoenix Indian Medical Center significantly increases,
316
EXHIBIT NO. 4 (Continued)
it will become necessary to reestablish priorities- for services to Urban
Indians, thus limiting or eliminating such services.
Charles S. McCammon, M. D.
Director
Phoenix Area Indian Health Service
EXHIBIT NO. 5
September 22, 1972
PHX'.EEO
Quarterly EEO Staff Report
Deputy rr.C Cfficar. 1113 Headquarters
ATTN: Mr. Richard M&cy
PART 1 - PROFESSIONAL EEO STAFF
NAME
TITLE
Cimino, Louis HRDS
DeCorse, Samuel EEOO
James, Helen HRDS
Keevama, A. Timothy HRDS
Nel30t:, Wilma J. SEC.
PART II - (
GRADE
RACE
SEX
FULL-TIME
GS-11
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GS-9
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i*slson, VJilma J.
S-r-n
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Juan, Richard
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Wabaunsee, Al
p.H. Adv.
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Lomakema, Stetson
Sup. Asst.
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Durar-t, Rr.ndy
Cook
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Whitcrivar
Sniff en, Clark
Cook
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Secretary
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Jr.n. gorgsaan
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Ksnneth Lundernvaa
VI u. Op. Supv.
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Cook
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Wilson Christennen
Med, Lab. Tech.
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Lynfotd C.-.vtor
Hainc. nan
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Sciiru.-'.i DeCorse,
Associate Deputy LEO Officer
(317)
318
EXHIBIT NO. 5 (Continued)
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EXHIBIT NO. 6
DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE
OFFICE OF THE SECRETARY
ROCK VILLE. MD. 20«S2
_ . , , __« OFFICE OF THE
December 1, 197Z general counsel
Mr. John H. Powell
General Counsel
United States Civil Rights
Commission
Room 608
1121 Vermont Avenue, N.W.
Washington, D. C. 20425
Dear Mr. Powell:
During the testimony of Dr. Charles McCammon, Director
of the Phoenix Area Indian Health Service, at the
Commission's hearings In Phoenix on November 17, 1972,
you requested Information on the number of housing units
operated the Indian Health Service, the manner of assignment,
and the occupancy of the units by race and job. The enclosed
data is submitted for inclusion in the record on behalf of
Dr. McCammon in answer to these questions.
If we may be of further assistance, please contact us.
Sincerely yours,
Xjamee P. Welssenborn
Attorney Advisor
Public Health Division
Enclosure
(322)
323
EXHIBIT NO. 6 (Continued)
PHOENIX AREA OFFICE
CHAPTER 5-6. 5A
QUARTERS MANAGEMENT 9/2/66
MANUAL INSTRUCTION 5-6. 5A
Distribution: All Manual Holders (Lists I and II)
Subject: Quarters Management
|a Purpose. To implement policies and procedures prescribed by CHEW, Public
Health Service, and Division of Indian Health for the management of Government
Quarters and to prescribe the procedure for requesting assignment of quarters,
processing and recording of assignments, and required termination procedures
when quarters are vacated.
2. Pol icy. It Is the pol icyof the Division of Indian Health to provide
quarters only to commissioned or civilian personnel essential to the program
on a 2k hour basis or required to live at a station because of remoteness, or
to otherwise protect Government property. The Division of Indian Health cannot
reasonably expect to secure approval of funds from the Bureau of the Budget
and the Congress to construct quarters for every person it employs. This requires
that a line be drawn as to those categories of personnel for whom the Division
will ordinarily provide quarters. In this respect the foliowing policies of
the Division of Indian Health will prevail.
a. Living quarters will not be constructed or furnished for personnel
who have or would normally provide themselves with housing accommodations
in the community adjacent to tire PHS fai.il ily, or if the employee has an
established residence or a home of choice within one hour's travel time one way
of the PHS facility (50 highway miles), unless the employee is required to
live on the station due to reasons of essentiality. If any emplovees of this
type are presently quartered in DIH housing they may retain occupancy until such
time as the housing may be required for employees for whom it must be provided.
b. Housing will be provided for those employees who are eligible under
the criteria cited in paragraph 3 titled, "Determination of Essentiality to
Program". It is the desire, as far as possible, to prevent or alleviate
hardships for such employees who are employed at a facility remotely located
fron. their place of permanent residence. •
3. Determinat ion of Essentiality to Program.
a. No officer or employer shall be required to occupy Government owned
or leased quarters unless considered essential to the program on a 2^ hour basis.
b. The Service Unit Director of each respective field station will assign
quarters, to the extent such quarters exist, to personnel occupying civilian
and commissionoJ positions (rooting the essentiality criteria in oriicr of priority
as provided below and In Exhibit 5-6. 2(s).
(l) To provide housing accommodations to personnel essential to msdical
operations on n ^U-h^tir h-nls.
324
EXHIBIT NO. 6 (Continued)
PACE 2
5-6. 5A
g/2/66
(2) To provide housing for personnel essential to protect Government
property.
(3) To provide housing for personnel who for reasons of remoteness
or conditions of the 'community, could not otherwise be satisfactorily housed.
,«*W dvt ».i. ■«.•.. ,'k -ii «i ■-.'«- -. >I, ,, •...:.
(U) Upon satisfying the above requirements, remaining housing may
be assigned to non-local hires as determined In the judgement of the Service
Unit Director to be in the best interest of the program.
c. In determining essentiality of personnel as outlined herein, the general
criteria to be applied under established policy is that when private housing
Is available to fulfill the normal needs of the Individual within a one hour's
commuting distance one way (50 highway miles) the position, If not otherwise
essential, he (she) will not be assigned Government quarters for the sole
reason of isolation.
4. Area Evaluation Board.
a. An Area Quarters Evaluation Board, comprised of the following members,
Is appointed:
Deputy Indian Health Area Director
Chief, Area Pharmacy Branch
Chief, Area Administrative Services Branch (Chairman)
Alternates
Chief, Area Health Education Branch
Chief, Area Contract Medical Care Branch
A minimum of two members of the regular board shall constitute a quorum,
b. The Board shall, within prescribed quarters management policies arid
criteria, be responsible for making recommendations to the Indian Health Area
Director regarding the designation of public quarters, rental quarters, the
establishment of quarters rental rates, the determinat ion of adequacy or
inadequacy of public or rental quarters, the selection of those quarters
inadequate for continued occupancy at the facility and other related respon-
sibilities as assigned by the Indian Health Area Director.
c. To accomplish these responsibilities, the Board may authorize the
use of private commercial appraisers to moke appraisals and/or utilize Area
Office personnel to make surveys and appraisals as required. The Board will
also review when appropriate, the policies of other Federal Agencies In the
same general area for the purpose of promoting a consistent local pattern of
rental rates.
325
EXHIBIT NO. 6 (Continued)
PAGE 3
9/2/66
5. Assignment of Quartors.
«. Assignment of quarters to essential personnel Is necessary and mandatory.
It Is necessary that cortaln positions, by title, be established for the
purpose of assignment to quarters, theso positions to take precedent over all
others. Exhibit 5-6.5A(2) of this Issuance sets forth the priority of assignment,
however, any deviations from the official priority listing shall be approved In
advance by the Area Executive Staff. .i if **■■ *£•&* o>> //„,- /* ..»'.• • »*•'■
b. Although Exhibit 5-6.5A(l) sets forth quarters designated by the
Indian Health Area Director for occupancy by the Service Unit Director of each
respective facility, the assignment criteria for a SUD will be governed by
pertinent factors such as size of family, etc. (i.e. a bachelor officer will not
normally be assigned to a 3 or k bedroom quarters). Also, an officer will not
be required to change quarters should he be appointed as the SUD if his existing
quarters are adequate for his needs. However, should an officer living in private
quarters off the station be appointed as the SUD, he will be required to move
on the station.
c. Procedure for Assignment of Quarters.
(1) Commissioned Personnel. All commissioned personnel (except Service
Unit Directors), upon reporting for duty at a station, will submit to the Service
Unit Director, a written request for quarters using Form PGS-61 , "Request for
Assignment of Quarters". The Service Unit Director will show In writing, in
the appropriate space on the form, availability and assignment and brief
description of quarters, or advice that adequate quarters are not available.
All completed forms will be submitted through the Area Property Management
Office to the Area Financial Management Officer within three days after reporting
for duty. This action is required to support the officer's first pay voucher.
The above procedures will also apply when reassignments occur. When a new
Service Unit Director is involved, he shall execute the request for quarters
assignment at the Area Office when first reporting for duty. The Property
Management Section will prepare the necessary paperwork on request.
(2) Civil Service Personnel. In all instances. Civil Service personnel
who occupy rental quarters, will immediately upon arrival, execute and submit
Form PGS-61. The Service Unit Director will complete the form as appropriate.
(3) After execution and completion of Form PGS-61, when public or
rental quarters will be assigned, such assignments shall be made only by use of
Form HEW-337, "Quarters Assignment Record". The assignments, except for Service
Unit Directors, sh'all be initiated and processed at the Field Facility in
accordance with Exhibits 5-6.5A(8)&(9) . The document flow on assignments and
accompanying quarters requests (Form PGS-C1) is clearly defined In these
exhibits. Preparation of "Quarters Assignment Record", Form HEV-337. Is explained
in Exhibit 5-6.5A(6).
326
EXHIBIT NO. 6 (Continued
PACE U
5-6. 5A
3/2/66,
d. Criteria for Assignment.
(1) While not mandatory by regulation or otherwise, the applicant's
family size should be considered to the extent possible In nuking assignments
to either public or rental quarters. Generally, however, with due regard for
the age and sex of dependents, the following criteria should be given serious
consideration.
(a) Han and wife or single commissioned officer - I bedroom
(b) Han and wife with I or 2 dependents - 2 bedrooms
(c) Han and wife with 3 or more dependents - 3 bedrooms
(d) Senior Surgeon or above - 2 or 3 bedroom
(2) If a commissioned officer voluntarily occupies or chooses to
occupy an available set of quarters whether adequate or inadequate, for his own
personal convenience, such quarters shall be considered adequate public quarters
for purposes of non-payment of any basic quarters allowance.
(3) When a set of quarters has been permanently designated for an
employee by position title on the basis of priority of essentiality, but such
quarters are vacated and it appears that they will remain vacant for an
indefinite period, the quarters may be assigned temporarily to another employee
having a different position title or lesser priority. The temporary assignee
shal l_ formally accept occupancy in writing with the proviso that upon notice
of need of the quarters by priority personnel, the temporary assignee agrees
to vacate.
6. Quarters Occupancy Responsibilities.
a. Occupants of Government quarters shall be held responsible for the
proper care and occupancy of such quarters. The Quarters Officer or the
individual having such responsibility will conduct an inspection of each quarters
unit at least once every six (6) months to verify adequacy of the tenants house-
keeping practices. A station committee of three shall be formed, consisting
of the SUD or Administrative Officer, the Director of Nursing, and the Chief,
Maintenance Officer, to perform these inspection functions. All tenants shall
be advised of the inspection schedule. Any damage or excessive wear, or
unsanitary conditions noted shall be brought to the tenant's attention for
immediate correction. Any deficiency v.hich has not been corrected by the
next inspection time shall be reported to the Area Property Management Officer
who shall initiate corrective measures. All Committee members shall have the
right of access to all quarters for the purpose of inspection.
b. All costs Incidental to the repair or restoration of the premises due
to dames or excessive wp.";r or ur:'..--nl t.-ry conditions, otfor thnn normal »"».--r
and te.ir ar«: prc;-.:rly cimrij able t ., tii.s occupant. r.ott 1 <.•;.-,•-> t ov such c .5
shall ba made bo 1 ore ttia occupant is relieved of such responsibilities in
connection with the occupancy of tho quorters.
327
EXHIBIT NO. 6 (Continued)
QUARTERS ASSIGNMENT
EXHIBIT 5-6. 5A (2)
PRIORITY OF QUARTERS ASSIGNMENT (NON-LOCAL HIRES) **
I. PUBLIC QUARTERS
II. RENTAL QUARTERS
III. RENTAL QUARTERS, IF AVAILABLE
*Medlcal Officer
Dental Officer
Pharmacist
Other Commissioned Officers
*Administrat ive Officer
*Olrector of Nursing
*Building and Grounds Manager
• and/or Head Maintenanceman
Assistant Director of Nursing
Head Nurse
-vStaff Nurses
Publ ic Health Nurses
*Medical 6 X-Ray Technician
*Medical Technician
.fledical Record Librarian
Medical and/or C!:::icc! Sccis! V.'crkcr
Education Specialist (Community Worker)
*Dietitian or Head Cook
Nursing Assistants, GS-4 and GS-3
Dental Assistant
Medical Records Clerk
♦Ambulance Driver and/or Chauffeur
and/or Chauffer (Laborer) one only
Maintenanceman, other than Head Cooks
and/or cooks helpers
Clerks and/or Clerk-Typist and/or
Clerk-Steno
Sanitarian AhJe
Property and Supply Clerk
Storekeeper
Pharmacy helpers
Laborer and/or Maintenance Helper
Truck Driver
Nursing Assistants - GS-2
* Considered essential to program on 2k hour basis
** (Seo paragraph 5\'r)n regarding restrictions on loc.il hires)
328
EXHIBIT NO. 6 (Continued)
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EXHIBIT NO. 6 (Continued)
The Tucson Program Area housing assignment policy and priority is
as follows:
(1) The first priority is to non-local personnel
essential to medical operations on a 24 hour
basir
(2) The second priority is to non-local personnel
essential to the maintenance of government
property
(3) The third priority is to non-local personnel
who for reasons of remoteness could not otherwise
be satisfactorily housed
(4) Remaining housing units after satisfying the
above priorities are available to local hires .
336
EXHIBIT NO. 6 (Continued)
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EXHIBIT NO 6 (Continued)
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EXHIBIT NO. 7
The Report of the Housing Committee of
The Hospital Workers1 Association
Port Defiance 1972
(339)
340
EXHIBIT NO. 7 (Continued)
INTRODUCTION
This study was undertaken by the Housing Committee
of! the Hospital Workers' Association, a coalition of
workers to investigate injustices against the workers
of Fort Defiance Indian Health Service Hospital. The
report was begun in August 1972 and was largely completed
at" the end of September 1972.
The study was initiated because of several reasons.
The first reason was the obvious division of PHS housing
into two parts— one area of fairly large, attractive houses
which are surrounded by well kept grounds,. and another
area of run-down, small and poorly maintained houses.
More recently, the PHS has also purchased several mobile
homes scattered in several places in ?t. Defiance which
are rented to several employees. 3ut the bulk of the
housing is contained in the above mentioned areas. The
first area will be referred to as the PHS Compound; the
second area will be called the Camp Pickets.
The Camp Pickets were imoorted from a nearby Army
3ase in the early 1950 's to provide temporary housing
for Hospital employees. Not long after this they vrere
condemned as unfit for occupation. Yet to this day,
Hospital workers, almost exclusively ITavajo and mainly
of low pay grades, have been paying rent to the PHS
for these houses. The rent runs approximately £35 per
month. 3y and large these houses have been the only
PHS housing open to Havajo employees from outside the
Pt. Defiance Chapter. If they were not satisfied with
this housing, they were forced to try to rent the rare
available private home or had to travel long distances.
Recently, the PHS has decided to do away with the Pickets.
V/henever an occuoant leaves a house vacant, it is torn
down. The Administration claims that it is converting the
area into a trailer park with hook-up facilities. The
employees will be reauired to purchase their own trailers.
Several of the Picket houses have been torn down. There
is no sign yet of a developing trailer park, although at
least one employee has purchased a trailer about three
months ago and is waiting to move it in.
The PHS Compound is located just north of the Hospital.
Its appearance contrasts sharoly with the abearance of
the Pickets. There are no dilapidated houses, no littered
vacant lots. The homes are promptly repaired and even
improved whenever necessary. Several of the homes have
an extra bedroom constructed in the garage area, several
done quite recently. The occupants of this area^ are
generally white, well paid, with small families. These
homes vary in size from two bedrooms to four bedrooms,
except for the apartments for single employees. It is
claimed by the Administration that these houses are mainly
for the employees that stay for two years— mainly physicians,
dentists, and pharmacists. Despite this however there seem
to be no written guidelines for occupancy of these houses.
The houses are distributed by the decision of one person—
the Administrative ° fficer.
341
EXHIBIT NO. 7 (Continued)
This brings us to the other reasons why this study
wa*s initiated. If a study were to conclude that there is
indeed a discriminatory pattern in PHS housing, certain
questions would have to be answered. Why has a situation
been allowed to develop over many years in which no
adequate housing is provided for Navajo employees from
outside the Ft. Defiance area? And why is the decision
of one person allowed to decide the living conditions of
so many employees? This is the purpose of this study.
342
EXHIBIT NO. 7 (Continued)
COMPLAINTS OF THE WORKERS CO^CZRIilNG HOUSING
In addition to the general observations contained in
the introduction, several specific complaints have been
/raised by the workers at the meetings of the Hospital
/Workers ' Organization. Some of these repeat statements
'made previously in the report, but are important enough
to be repeated and stressed.
i
1) High- paid executives, mostly white, are provided
with inexpensive luxurious houses in Ft. Defiance. Many
of the occupants of the PHS Compound are Commisioned
Officers who pay rent by surrendering their Housing
Allowance of >200- ol\DO per month. However, most of the
other occupants pay only about ";50-$60 per month. The£e
are the people referred to in the complaint.
2) Several Window Rock executives live in large
houses in Fort Defiance. In at least one case, this
involved clear-cut favoritism. Mrs.' Marie Lincoln,
the head of personnel in the Hospital, has a daughter
who works in Window Rock, Mary Veniicek. She was giyien
an apartment in Fort Defiance shortly after starting
to work for PES.
3) The Navajo employees who have gotten PHS housing
live mainly in condemned, run-down houses which are
rarely repaired. Many of the good houses in the PHS
comoound seem to go to white employees, while Navajo
employees in the same level job live in the Pickets.
For example, the Chief of the Radiology Dept., a
Navajo, has lived in the Pickets for about 18 years,
despite requests for better housing. The supervisor of
the I^aintenafice Department, a white man, lives in a
large house \Ln the PES Compound.
Ij.) There are small families and even one single
person, the Nursing Director, who occupy two bedroom
houses in the PES Compound, while several large
Navajo families have to squeeze into inadequate housing
or else seek out expensive private housing.
5) When occupants of the Pickets ask for repairs
or inrorovements on their houses, they are told there
are no funds. Yet at the same time, third bedrooms
are quickly added to houses in the PHS Compound when
a new baby is born (e.g. 2006 in the Compound).
6) In Window Rock, an Indian employee was told that
ahe did not qualify for a new trailer because she did
not get Daid enough. When she objected, she was told by
Dr. Bock's white secretary that she should be thankful
that she has her old house, and that she might find herself
in the street.
343
EXHIBIT NO. 7 (Continued)
7) At least one llavajo erroloyee, an experienced
and highly qualified Registered Nurse, left ?t. Defiance
Hospital this nonth because of lack of adequate housing.
She is now working in Crownpoint, where she is originally
from.
344
EXHIBIT NO. 7 (Continued)
The following section includes information
about PHS housing in Ft. Defiance. Included are naps
of the PHS Compound and the Can? Pickets. Also included
are lists of occupants of the housing, including
where they work, the size of their family, and the
approximate time they have worked for PKS.
Not included in this section are the trailers
just north of the Hospital, mainly occupied by the
dental interns. Also not included are three trailers
owned by PHS in the Black Rock Trailer Court. These
were purchased earlier in 1972 and are rented to
one of the ITurse Midwives, and two of the new
Community Health Medics. Presumably the PKS obtained
outside funding for these trailers.
The racial background of the occupants is not
included in this section. The reason for this can
be simmed up in one sentence. There are no non-Indian
families in" the Pickets; there are four Indian families
in the PHS Compound, not including the apartments.
345
EXHIBIT NO. 7 (Continued)
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346
EXHIBIT NO. 7 (Continued)
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351
EXHIBIT NO. 7 {Continued)
KAJ? 0? CAKP PICK2TS'\?T. DEFIAXCE ?HS
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352
EXHIBIT NO. 7 (Continued)
•
Statistics on
GMT PICKETS in' Ft.
Defiance ?HS Housing
r
'j NAME
POSITION
# of YEARS # of
OCCUPANTS
GRADE
LEVEL
h
iirs> Notah
36
Rose Mark
dental therapist
Dent al dep t.
8 yrs.
h
GS-5
I 37
>
Kee J. Arthur
puchasing agent
General Services
9 yrs.
5
GS-5
36
Rose Suen
x-ray technician
X-ray dept.
3k yrs.
3
GS-5
39
i !+0
Alice Yazzie
clerk
CNO
3 yrs.
3
GS-3
!£
Walter Francisco
maintenance
Maintenance dept.
M>
Tom Kanning
x-ray technician
X-ray dept.
18 yrs.
k
GS-6
06
Henry 5 .1 lie
cook helper
Dietary
21 yrs.
10
WB-5
07
08
Mrs. Tracy
LPN
Nurd, ng
20 yrs.
5
GS-lJ.
It
Rena Smith
cook-$
Dietary
12 yrs.
9
VJB-5
'16
Mrs . V/auneka
cook helper
Dietary
2$ yrs.
6
W3-3
)03
Justin James
janitor
Housekeeping
19 yrs.
8
wb-5
1-2
Rose Mary Wade
procurement ass't
General Services
9 yrs.
6
GS-lj.
)18
Mrs. Arnold
LPN
Nursing
17 yrs.
3
GS-5
)19
Johnny McCabe
janitor
Housekeeping
15 yrs.
5
VB-k
Pearl McCabe
lab ass't
Lab
19 yrs.
5
MB-3
D28
Keats 3egay
sanitary aide, 033
29 yrs.
GS-6/9
k-k
Mrs. Ro se I'alwood
L?N, Nursing
vli yrs.
7
GS-I4.
353
EXHIBIT NO. 7 (Continued)
CONCLUSIONS
When this study was undertaken it vias the opinion
of many of the workers at Fort Defiance Hospital that
superior housing is made available to white employees
more easily than to Indian employees. Much of the
data offered in the previous sections supports this
opinion.
The Administration, in its dealings with the workers,
has made two basic assumptions about housing. One is
that Indian employees, and especially Navajo employees,
have an easier time finding housing because this is
the Navajo Nation. Hox^ever, many employees are from
distant areas and are not members of the Ft. Defiance
Chapter. It is as difficult for members of the other
chapters to find housing or buy land here as it is
for non-Indians. The second assumption is that if housing
is not provided for non-Indians, it will be impossible
to attract physicians and other professionals to the
Hospital. This, however, does not deal with the issue.
The question is not whether the houses should all be
taken from the Anglos and given to the Indians.
This would be as discriminatory as the present policy.
The question is WHY has this present discriminatory
housing policy been allowed to continue for this
long without being corrected? And how many Navajo
employees left because of ooor and inadequate housing?
The present PN3 administration has continued this policy
even though they did not start it.
This housing study was done in response to the
workers' concern and questions. In the Navajo Nation
the Navajo people are still being discriminated against.
The workers want to know WHYJ
354
EXHIBIT NO. 7 (Continued)
ADDENDUM
During the housing study, several ideas were
brought up by the workers to provide adequate housing
in a short time for the Ilavajo employees.
Recommendations included the workers building
and repairing houses in the area of the Pickets after
work hours and on weekends. Another idea was to
have the Commissioned Officers and highly paid executives
move to the expensive apartments being privately rented.
This would entail a change, of requirements for occupancy
of these houses. A third idea x>ras for the Area PHS
to petition the federal Government to send the housing
allowance for the Commissioned Officers to the Area
for funding housing. How the housing allowance does
not leave Washington. This would bring over l|6,000
dollars for improved housing.
A basic recommendation is that a Housing Committee
be formed of Hospital Workers to decide housing issues
and priorities. This seems to be a necessity.
EXHIBIT NO. 8
INDIAN EDUCATION: A HUMAN SYSTEMS ANALYSIS
Carl A. Hammerschlag, M.D.
Mental Health Consultant
Indian Health Service
Phoenix, Arizona
The author is indebted to Clayton P. Alderfer, Associate Professor
Department of Admin. Sciences, Yale University and David Berg, a
graduate student in the department for their intimate collaboration
and encouragement at every level of the research understanding.
(355)
356
EXHIBIT NO. 8 (Continued)
The history of programs for the formal education of American Indians
dates back to colonial times when the Jesuits established a school for
(1)
Florida Indians in 1568. Evaluating its impact was as much an issue
for our colonial ancestors as it is for modern educators. Much of the
literature is devoted to historical reviews and definitions of the ,problem.
There is general agreement that Indian children perform more poorly than
white children on achievement tests, are educationally retarded and drop
out of school with frequency.
The Bureau of Indian Affairs, charged with the education of American
Indians, operates more than 200 schools in 17 states of which 77 are
boarding schools. Of the approximately 200,000 school age children,
35,000 are in BIA boarding schools, 16,000 in day schools and 24,000 housed
in BIA dormitories while attending public schools. Of the 35,000 children
in boarding schools more than 12,000 attend the nineteen off -reservation
boarding schools. These, for the most part, provide a high school
education for Indian children who have complected the 8th grade. The
remainder are in on-reservation boarding schools of whom 8,000 are
(2)
elementary students, 9 years old or under. Enrollment in BIA boarding
schools is increasing; it has, indeed, doubled in the decade of the 60's.
This paper explores the impact of an Indian boarding school on the
student and the staff members who live, learn and work there. It asks,
what is it like, how does it make you feel, and how are you left after
having participated in the system.
- 1 -
357
EXHIBIT NO. 8 {Continued)
Historical Overview
The concern for educating American Indians dates back to earliest
colonial times when the major responsibility fell to the churches who
began the process of "humanizing and civilizing". Following the push
westward in the mid-19th century it was felt that the establishmenC of
reservations and a system of education would be a humane and cheap way
of pacifying Indians. More importantly it was felt that boarding schools,
remote from Indian communities would be a good way to accomplish this.
The civil war marked a turning point in the history of American Indian
education. There arose thereafter, a great concern for the welfare of
Indians and the federal government began to assume a significantly larger
role. In 1870 Congress appropriated $100,000 for the operation of
federal industrial schools and in 1878-79, the first off -reservation
boarding school, exemplified by Carlisle, dominated the approach to
Indian education for 50 years. Its philosophy included the removal of
students from their homes, strict military discipline, a work-study
(3)
program with emphasis on industrial arts.
In 1928 a devastating criticism of the boarding school was made by
(4)
Merriam who publicized the inadequacies, archaicisms and cruelities of
BIA educational institutions. However, the recommendations challenged
the means by which the traditional goal of Indian education was to be
implemented, not changes in the goal itself.
358
EXHIBIT NO. 8 (Continued)
From 1943-1946 the University of Chicago, under contract with
the BIA, gave selected tests to 4th, 8th, and 12th grade Indian and
(5)
white students. They found that Indian pupils in federal schools
did not achieve as well in the basic skills as white or Indian
pupils in public schools. Those findings were corrobbrated by
(6) (7)
Anderson and Coombs , who concluded that "as the cultural and
educational background of Indian children become more like those of
white children in public schools, the more closely the educational
achievement of Indian children match that of white children".
Recapitulating, in more muted terms perhaps, a philosophy expressed
400 years earlier, that for Indians to become, they have abandon
from whence they came. To Indian people this has meant leaving their
Indianness and adopting some other framework. There are many Indian
people who today still believe that education is a not so subtle
attempt to sow the seeds of cultural dissolution and that schools are
dedicated to the reformative aim of Indian annihilation. There are
still rituals among tribes to cleanse their children of white conta-
mination on their return from boarding school. The federal Indian
boarding school by its own description, is the "foremost acculturative
agency". It inculcates the habits and expectations of the society and
produces by its very existence an institutional dependence which
revolves around the dream that its recipients can benefit significantly
from this kind of schooling.
359
EXHIBIT NO. 8 (Continued)
The National Indian Youth Council with the Far West Laboratory
(8)
for Educationa Research and Development reported in June 1969
that "Indian education as a body of pedagogical principles, philosophy
or techniques, does not exist. Rather Indian education can be defined
as the imposition of white American educational institutions upon
American Indian communities. The report concludes that the crucial
problem in the education of American Indian children is the general
relationship between white society and the Indian people. This
relationship frequently demeans Indians, destroys their self-respect and
self-confidence, develops or encourages apathy and a sense of alienation
from the educational process, and deprives them of an opportunity to
develop the ability and experience to control their own affairs through
participation in effective local government."
Mr. Robert Bennett, former BIA Commissioner, acknowledged that the
boarding school issue and Indian education generally was an emotionally
laden area with articulate advocates of contending points of view and
offered a trained neutral evaluator in the person of Dr. Robert Havinghurst
to direct a study funded by the U.S. Office of Education and called the
(9)
National Study of American Indian Education. The "Havighurst Report"
became available in December 1970. Among its conclusions, that Indian
children were neither basically nor genetically less intelligent than other
children. It further suggested that Indian youth had the same feelings of
self-esteem as non-Indian youth of similar socio-economic status, that
Indian youth showed little evidence of "severe alienation" as measured by
his feelings of not belonging and powerlessness. " That they like their
360
EXHIBIT NO. 8 (Continued)
schools, teachers and the white man's way of life, and that most Indian
parents were satisfied with the schools. Concluding once again, that as
the socio-economic status of Indian families improved that the school
(10)
achievement of Indian children would rise. Those findings, as will
be outlined, are not reflective of my own experience .and data.
The School System
Established in 1890, this Indian School is one of the largest off-
reservation boarding schools, with a current enrollment of approximately
900 students in 7th and 12th grade. It is accredited by the North Central
Association of Colleges and Secondary Schools. Its student body, all
Indians, come with few exceptions, from the tribes of Arizona.
In the academic year 70-71, there were 917 enrolled students of whom
262 (297.) left before the end of the school year. Some (97.) left before
the end of the school year either of their own (or parents) volition but
most (207.) by dint of expulsion. Attendance at off-reservation boarding
schools is predicated on the following Bureay eligibility criteria.
Educational criteria which include: unavailability of public or federal
day school within reasonable commuting distances; special vocational or
preparatory course not available elsewhere; and being educationally retarded
more than three years or with bilingual language difficulties. In
addition, there are social criteria: individual children rejected and
neglected for whom no suitable plans can be made; and those whose
behavior problems cannot be solved by families or existing community
facilities and who can benefit from the controlled environment of a
- 5
361
EXHIBIT NO. 8 (Continued)
boarding school without harming other children. At least 607. of the
students are referred for so called "social reasons, and we thus see a
a somewhat skewed sample of studentry.
From a profile compiled by the schools counseling service for the
69-70 school year, it was found that 1/3 of the students are at least
two years older than the usual age for that grade level. Achievement
scores, as has been often pointed out, are well below the national average
and the gap does not close during the high school years. College aptitude
tests revealed that the overwhelming majority of students fall in the
lowest 10th percentile.
Infractions of school rules (drinking, AWOL's, vapor sniffing, etc.)
are common place but exact data is virtually impossible to obtain. There
seems to be little consistency in terms of who defines what as an
infraction, to say nothing of varying styles of reporting them. My own
impression is that at least 507. and perhaps up to 907. of the students do
something against the rules even if not reported.
Organizationally the school is responsible to the superintendent who
delegates daily operational duties to the principal. Three assistant
principals head the major divisional areas of instruction, home living,
and pupil personal services (guidance). Important as well, and not fully
worked out, is the relationship between the Area BIA Education Office and
the functional operation of the school. Area education personnel are
responsible for overall programs, planning, funding and direction. The
school, although purportedly self-governing, is clearly part of and privy
to the decision making power of others who are physically and sometimes
6 -
362
EXHIBIT NO. 8 (Continued)
emotionally far removed.
Ninety-five percent of the teaching staff are non-Indian. 70% of
the teaching staff have been at the school more than five years; 17%
are here for the first time; and 13% have been here from 2-5 years. It
seems that if one stays more than a year, the likelihood is that one will
remain. Those who leave the system seem to do so early in their careers.
The home living or dormitory staff is fairly evenly divided between
Indian and non-Indian employees, although top-level personnel, with one
exception, are non-Indian. The staff is charged with the task of providing
a warm home life, becoming close to students, and providing guidance and
support. There are seven dorms, which house approximately 130 students
ear and 55 dormitory personnel who work three different shifts. During
peak evening hours there are usually two, perhaps three, staff members
who tasks become that of simply controlling behavior into manageable
quanta. It means putting out the fires of immediate crises, a job that
becomes such an omnipresent demand that in most ways it precludes having
enough energy left over to provide on-going, time consuming, personal
relationship.
Counseling and guidance services are provided from a trailer,
physically (and as we shall see, emotionally) separate from academic and
dormitory complexes.
There is little interpenetration of the boundaries between these
distinct task groups at any time. When it does occur, it does so around
the mobilization for dismissal of ac ting-up students. When the greatest
articulation of structure exists for a secondary task of the system, such
- 7 -
363
EXHIBIT NO. 8 {Continued)
as behavioral control and the primary task, education, remains isolated
and well bounded, the system is in for trouble.
The concept of boundary is an aspect of open systems theory which
treats organizations as systems whose survival requires continuous
(11,12,13)
exchange of materials with the environment. Jf the boundary is too
permeable it invites innundation, chaos and disorganization, whereas an
impermeable boundary becomes a barrier which causes death through entropy.
There are boundaries which separate the organization from its environ-
ment and those which are internal to the organization. These internal
boundaries separate task systems from each other. The authority for these
separate internal operations (dorms, teaching, guidance) is delegated by
top management to subordinates. The viability of the subsystem and
ultimately the total organization is dependent on successful boundary
transactions between the adjacent subsystems.
In the schools case, each subsystem functions as if totally independent
and involved in tasks each perceive as mutually exclusive. For example,
a dormitory head called a guidance counselor at midnight to say that a
student was drunk and disorderly and to come over right away. The counselor
replied "I don't think I can do much counseling in her condition" to which
the dorm head exasperatedly shouted, "I want you here, I want you to see
what we have to put up with" and then hung up the phone. The event is
illustrative of a broader theme, one which has less to do with students
and more with the feeling that each internal subsystem has little sensitivity
and understanding of what the other does.
Teachers with academically achieving students often discover that such
8
364
EXHIBIT NO. 8 (Continued)
students have been expelled for chronic after-school misbehavior and then
wonder why they bother teaching if their student keep disappearing. Yet
when a student is called out of class for a counseling session to hopefully
deal with such misbehavior they say "if they pull you out of class, let
them give you a grade". The theme of impermeability "of boundaries expressed
in issues like territoriality and insensitivity occurs not only between
adjacent subsystems but also internally within each task group. Between
dormitories who interpret and enforce restrictions differently (I think
the rules for boys and girls dorms should be dif ferent") , between academic
departments ("this should be a vocational . training center not a college
prep school"), and between each staff and its supervisor (I don't know
what the assistant principal in charge of my department is really supposed
to do").
Finally, the boundary between the organization and the external
environment (local community, Indian reservations, Washington, D.C.) effects
and reinforces such internal organizational perceptions. The external
boundary regulation is much less delegatable than internal task functions,
and it becomes the major task of top management. For example, the schools
top management was recently confronted by community and Washington pressure
to keep children in school and was forced to make a decision to have
expulsions reviewed by a board including tribal, family, school and central
office representatives. The distances of most reservations preclude any
any ease for such gatherings, nor much agreement once convened with such
disparate representation. What has effectively happened is to mullify
expulsions. However, the internal task systems use the threat and
365
EXHIBIT NO. 8 (Continued)
actuality of expulsion as its only effective weapon in enforcing behavioral
conformity. This decision then (in which they have had no input), removes
whatever disciplinary power they may have had. As within the internal
subsystems, here again one sees boundary exclusiveness and impermeability
resulting in isolation and resentment. Although it is said that all work
toward one end, the basic theme of impenetrability of not working together,
and of failure to define task is continually reinforced. By neglecting
the boundary tasks and its role tasks, a system is produced which then
tends to become, as will be seen, stagnant and incapable of growth.
Method
I was introduced as mental health consultant to the Phoenix Indian
High School in July 1970 within the understanding that I would be spending
approximately half my time there. I shared my interest in seeing children
and serving as an organizational consultant with the hope and expectation
that together we would define my role. As a way of getting to know more
about the school and the issues people felt were important there, I conducted
some in depth interviews. A representative cross-section of all departments,
and students were seen, and with their consent, recorded. These tapings
included a formally outlined interview, but with wide latitude for
discussion of individual items of special relevance. On the basis of
those interviews and subsequent replays, some generally held ideas about
areas of concern became apparent. A questionnaire was developed, based on
those shared concerns, as a way for the entire school community to respond
to those perceived problems. The questionnaire was distributed three
- 10 -
366
EXHIBIT NO. 8 (Continued)
weeks after the start of school and subsequently computerized and evaluated.
This initial data was shared, discussed and evaluated by the entire school
during a two-day feedback session in March during which formal classes
were suspended.
To get some sense of what happened to people the longer they re-
mained at the school and to discover differing perceptions as a function
of time within the system, the questionnaire was redistributed in late
spring 1971. Similar data analyses were run and results compared. The
papers main focus is the school as a social system, but the questionnaire
data deals with individual attitudes. In interpreting the data, therefore
I have drawn from my field work talks, observations and experiences to
bridge the gap.
Results
The Bureau's guiding educational philosophy "encompasses the belief
that all Indian children must have the opportunity to realize their full
potential and to become useful members of society". It suggests that to
facilitate ongoing and independent learning, teachers should have access
to widespread and well organized materials and services. They should bend
their energies toward developing attitudes of discovery, problem-solving,
research and experimentation leading to creative and critical thinking.
Yet in spite of such expectations, considerable differences exist
in terms of what people at the school think is being learned. In response
to the question "I use my abilities in my academic subjects" both students
and teachers agree that the longer they stay in school the less likely they
- 11 -
367
EXHIBIT NO. 8 {Continued)
are to use their abilities. Apparently something happens where both students
and teachers stop learning. There is also strong agreement between students
and staff members that as one stays at the school one finds that it is
really too easy to get passing grades. Raising the interesting possibility
that students and teachers may stop learning as a result of both their
realizations that no matter what happens in the classroom everyone passes
anyway, thus removing the impetus for students to work and teachers to
teach. Related here too, is the fact that students in junior high grades
feel that they are being well prepared for college but those who remain
to become upper classmen begin to share the staff's perception that indeed
they are being poorly prepared for college work (Table 1).
When asked directly "students who come here really don't want to
learn", we discover that students and staff members agree, more as time
goes on, that students do not really come here wanting to learn.
Do students who remain to become upper classmen not want to learn, or
do the students fulfill institutional or staff expectations that they
cannot learn. Or, are students poorly prepared for college because they
do not use their abilities or because^the subjects are too easy? Merton,
in proposing the idea of the "self-fulfilling prophecy" stated that in
many situations, people tend to do what is expected of them. That
(11)
phenomenon was recently vividly documented by Rosenthal and Jacobsen
who showed that teacher expectation effects students performance. The
teacher who assume that her/his students cannot learn discovers that she
has a class of children who indeed are unable to learn; yet another teacher
who makes the opposite assumption may discover she/he has a class of
- 12
368
EXHIBIT NO. 8 (Continued)
TABLE 1
"I believe the students are being well prepared
for college work . "
Junior High
Sophomore
Junior
Senior
% who agree or
strongly agree
with statement
63
46
30
28
Academic Teaching Staff 0
Vocational Teaching Staff 0
Dormitory Staff 5
% who disagree or
strongly disagree
with statement
9
17
32
20
76
75
52
369
EXHIBIT NO. 8 (Continued)
interested learners. A similar process applies to other forms of behavior.
And Charles Silberman in "Crisis in the Classroom" noted that "one
cannot spend any substantial amount of time visiting ghetto schools, be
they Black, Puerto Rican, Chicano or Indian, without being struck by the
modesty of the expectations teachers, supervisors, principals and
(12)
superintendents have for the students in their care."
Using our own data to illustrate, is it possible that the students
feel they do not come here to learn, because in spite of being at school
their teachers do not believe they are being well prepared? Teachers who
give passing grades easily, but at the same time do not believe the grades
reflect the child's ability or preparedness, are really saying the grade
is not worth much; it is not a reflection of what you do or ought to know.
Doing well at the Indian school academically does not mean students will do
well elsewhere. Indeed, it is the staff's expectation they they will not;
the students know it, and they begin to believe themselves responsible for
it. The school continues to have difficulty with dropout's, act-outs, and
apathy because its students believe that it does not pay to achieve and
do well in school. School holds a false promise: you can become all you
want by learning, but no one believes you are learning.
This phenomenon happens not only in terms of grades, but also by
teachers who say things in front of students impugning their person and
abilities. Students may perceive themselves as not wanting to learn as a
result of having been put down as silly, incapable or unworthy. Indian
students and staff see themselves insulted and put down twice. It is
difficult to see oneself as a learner in a situation where those in
13
370
EXHIBIT NO. 8 (Continued)
authority almost invariably are non-Indian make one feel worthless.
Rather than rebel against such characterizations by powerful authorities
one may say, "If they say so, it must be true," thus fulfilling
institutional expectations.
It becomes clear in many ways that students and 'teachers talk to
each other but do not really hear one another. Eighty percent of the
students say that they often say things in Indian to annoy the teacher but
only 407. of the teachers perceive that it is happening at all. Students
agree two to three times as often as staff (and more so as the year goes
on) that teachers are too old and have been here too long to be good
teachers. The teaching staff too begin to agree with that perception
as the year goes on. It is not only students who fulfill teacher
expectations, but the reverse as well. The evidence suggests that the
concept of the self-fulfilling prophecy ought to be expanded. Students
and teachers seem to collude to develop negative expectations of the other
which each then proceed to fulfill. The result is that neither teachers
nor students develop, both become estranged, do not use their full
abilities and fail to grow and perform together.
Indianness and Powerlessness
All interviewees seemed to agree that whether one is or is not an
Indian made a difference in terms of ones experience at the school.
Although all people at the school agree that their respect for Indian
heritage and tradition increases as a result of being there, it is difficult
in some ways to translate such respectfulness into understandable
14
371
EXHIBIT NO. 8 (Continued)
operational terms. It is the Indian student and staff member, as
has been suggested, who hear, with far greater frequency, insulting
things being said about Indian people. The saying of such things and
the hearing of them increases as the school year goes on.
Indian students and staff members agree about twice as much as the
non-Indian staff (Table 2) that "it is impossible for a non-Indian to
appreciate what it means to be an Indian".
Most striking is the fact that it is the Indian staff, even more so
than the students, who, as time passes in the school, perceive their
Indianness as something which separates, distances, devalues, and puts
them down. Because it is they who are most disenfranchised and power-
less within the system.
Much has already been written and said about the uninvolvement and
(13-16)
powerlessness which students feel and experience in school settings.
They are uninvolved in the one-way learning street, where teachers reveal
the proper, orderly, laddered acquisition of facts in an unenthusiastic
way. Less emphasis has been placed on school staffs who is many ways
mirror such students feelings. In our school, it is the Indian staff
member who perceives himself as the least able to change things, the least
in control and the most disaffected (Table 3).
It is the Indian staff member who changes most dramatically with time;
the longer they remain at the school, the less likely they are to call
themselves able to change things. They feel increasingly powerless
(Table 4).
The converse is true for non-Indian employees who as they spend more
14
372
EXHIBIT NO. 8 (Continued)
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time in the system see themselves more able to change things at the school.
Such perceived powerlessness leads to disaffection. In response to a
question which asked "if I could I would send my children to school here",
the Indian staff members changed most dramatically as the year went on,
from being more likely to do so at the beginning of school to the group
lease likely to send their children here by the time school ends (Table 5).
Similarly, it is the Indian staff who move most dramatically in terms of
their involvement in the school (Table 6).
From the group most personally involved, in the space of seven months,
the Indian staff becomes least involved.
Slightly more than half of the BIA's 160,000 employees are Indian.
But most fill the lowest ranks (janitors, aides, drivers, laborers,
secretaries); 807. of the better jobs are held by non-Indians. Even in non-
professional areas, Indians for the most part are not in supervisory roles.
As non-credentialed people, they are the ones most dependent upon the
system. They have the fewest realistic options in terms of work elsewhere,
should they choose to leave. Even students who may be ruled, restricted,
and structured know that their time at the school will end. Indian staff
members are a captive audience who because of the lack of proper
credentials and thus salable skills stay indefinitely. And it is not the
staying which is painful but rather the sense that in spite of staying
nothing will change. In response to such a dilemma one becomes dis-
affected, disenchanted, dissatisfied but rather than act out those feelings
(which students sometimes do) Indian staff members tend to become
apathetic and "unfeeling". There were a series of questions dealing with
- 15 -
376
EXHIBIT NO. 8 (Continued)
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EXHIBIT NO. 8 (Continued)
specific events at the school: whether people had ever seen such things
and how they felt about them (e.g., have you ever seen a student hit a
dorm staff member; have you ever seen a dorm staff person hit a student
and then how does it make you feel). Invariably more people responded
to how often they personally did or did not see such an event than to
whether they had any feelings about it. I believe that to some extent all
within the system choose not to feel about the things they might see because
one learns it will not change anyway. One way to prevent the pain of
sharing feelings which may then be ignored or punished is to keep them
inside. The more one keeps them inside and does not discuss them, the
more they slide out of ones personal awareness. A person without access
to his own feelings is less of a human being, less able to be responsive
to the needs of other people. If things are to change meainguflly at the
school and in Indian education what needs to happen is a growing sense
that what people think and feel will be listened to and make a difference
in decisions that affect them.
Conclusion
There have been reforms made in Indian education, yet the schools
themselves remain far less effective than is desirable.
The Bureau's educational goals emphasize a system where people share
and grow. It wishes a setting wherein student and teacher share what one
wants to know and the other wants to teach; where there is less submission
to an obligatory curriculum and more available options; less emphasis on
externally applied controls and more on individual responsibility for one's
16
379
EXHIBIT NO. 8 (Continued)
own behavior. Yet simultaneously the boarding school invites those with
"behavior problems which cannot be solved by families or existing facilities'
and who can "benefit from the controlled environment of a boarding school".
Can it do both?
It is true that all schools share in common a preoccupation with order
and control. And although they differ according to the communities they
serve (the education of children's parents, their administrators and
teachers, their wealth) these are differences in degree, not kind. The
Indian boarding school does have an additional special problem in that
its student population is highly selected. By accepting students for
"social reasons" it implies that it, in some way, can deal with them. It
has not, and because it has not, it demoralizes both teacher and student.
In accepting the role as agent of social control, the school literally
over-whelms its resources and leaves precious little time left over for
scholarly endeavors. Being unable to deal with student acting out and
dropping out, the staff begin to wonder what they are doing here, and
eventually withdraw and simply survive day to day.
In systems terms the school fails to define its primary task. Each
subsystem operates as if they exist only to serve their individual ends.
Their inability to articulate, to make their boundaries more permeable
and together to more clearly define the primary task is expressed in
frustration, powerlessness and ennui.
Interestly, the school is being asked to deal with problems based on a
hundred year history of paternalism and its concomitant tribal dependency.
The more the school accepts the charge of dealing with "problem" children
17
380
EXHIBIT NO. 8 (Continued)
the more it de-emphasizes the real need for it to be dealt with else-
where - basically by parents and tribes. It is the people who can and
must assume the power in determining their futures rather than abandon
themselves into the hands of others. Since the system has traditionally
forced and encouraged such behavior, it is difficult to do. But the more
the school permits itself to be used as an institution for control the more
it re-emphasizes and tacitly encourages the tribes not to deal with it. The
giving of education, like health and welfare, destroys people by robbing
them of their own sense of powerfulness and worth. It re-emphasizes the
institutions ability to give and the peoples neediness in having to
receive and thus re-creates a master-slave snydrome. It is a "counterfeit
(17)
nurturance" in that by giving you are at the same time taking something
away.
This is clearly a long way from a simple discussion of Indian
education. Yet if the concern is with education one cannot restrict
observations to just schools. To study Indian education means to study
Indian history and American society and to understand that the difficulty
in the education of Indian children lies as much with a society which has
degraded and disenfranchized Indian people for more than a century as with
teachers, students, and schools.
There are, of course, things we can begin to do, not as has been
suggested to make boarding schools residential treatment centers, which
is a sophisticated way of "blaming the victims", where we then see Indian
students as disturbed rather than implicate the institutions responsible
for his behavior. Nor is the ultimate answer, as" has also been preferred,
18
381
EXHIBIT NO. 8 (Continued)
to increase the numbers and the training of dormitory personnel. It alone
fails to deal with the underlying problem of an impermeable stagnant
school system. And it is therein, if a solution exists, that it must lie.
Each subsystem must provide input into all decisions which mutually
effect them. There must be a breakdown of the subsystem boundaries and
their, till now, mutually antagonistic tasks.
Students must be given the responsibility for providing input in
their learning. The child, as Piaget has demonstrated, is the principle
agent in his own education and mental development. This is not to suggest
that the remainder of the system withdraw, rather that we can discuss
and negotiate with students how much autonomy they want and can handle.
All staff members need to share in the responsibility for making
decisions which effect them. The special problem of Indian staff members
and the issue of powerlessness needs to be addressed. Indian adults are,
after all, a reflection of their total life experience, one which
inculcates an enormous institutional dependency - "our" giving and telling
and "their" needing, receiving and listening. As a result, Indian staff
member who sense the possibility for improvement are the most dissatisfied
and feel powerless to effect changes. For them the American dream of
equality is a myth. Individuals do not become all they are capable of
being; they become what others allow them to be.
The Indian communities have an obligation to become aware of what to
expect and demand for their children. Aware of all the educational
possibilities for their children, which until now they have relinquished
into the hands of others. To successfully permeate the school-community
19
382
EXHIBIT XO. 8 (Continued)
boundary we will need functional school boards who provide input into the
renewal of all contracts, into curricula and fund utilization.
Having now said this, let me add, that in the face of massive
powerlessness and institutional entrenchment these solutions as they relate
to existing boarding schools are trivial! For any significant change to
occur in Indian boarding school education they should be phased out within
the next five years. The schools are, from an educational viewpoint poorly
effective and they are ineffective as agents and enforcers of social control.
In fairness, I believe that many reservation parents will shudder at this
suggestion. It hints again at the ugliness of the white man reneging on
yet another promise. Their distaste will also be a tribute to an inculcated
belief that only with this kind of education can they and their children
succeed.
The boarding school, by mere virtue of its existence, perpetuates
these myths that they can educate and control better than parents and
communities can. Most importantly by being available it removes the
impetus for those issues to be dealt with directly by the tribes themselves.
As a workable alternative consider the following briefest outline.
For all within reach attendance in public schools. Those school are to
have boards accurately reflective of student composition. Public school
curricula ought to be supplemented with course material on Indian history,
custom and the teaching of a tribal language. An on-going exchange between
school staff and reservation people to deal with their differences and to
- 20
383
EXHIBIT XO. 8 (Continued)
promote positive exchanges. Family scholarships to be provided to those
needy, with achieving high school students in their households.
For remote reservation areas we ought to consider mobile classrooms.
House trailers with living and classroom accomodations could service small
dusters of homes. Isolated ranches and homesteads could be serviced by
mobile units whose operating radios would allow weekly visits and
individualized instruction. Such a program could, I believe, be staffed
by expanding the existing Teacher Corps and by allowing such service in
lieu of military obligation.
By defining education as the primary task with parents intimately
involved at every level, we can then approach the special needs of that
small percentage of Indian children who require residential treatment for
serious emotional or delinquent problems.
With community control of the education of Indian children will follow
an extension of such responsibilities to other spheres of reservation life.
From the limited contest of schools we can begin to minimize the rampant
institutional dependence which pervades most tribes.
21 -
384
EXHIBIT NO. 8 (Continued)
References
1. Berry, Brewton. The Education of American Indians. U.S. Government
Printing Office, Washington, 1969.
2. Havighurst, Robert J., et. al. The National Study of American
Indian Education. Vol. 2. Education of American Indians, Univ.
of Chicago, 1970.
3. Pratt, Richard Henry. Battlefield and Classroom. Robt. M. Otley,
ed., Yale Univ. Press, New Haven, I964.
4. Merriam, Lewis, et. al. Problem of Indian Administration. Johns
Hopkins Press, Baltimore, I928.
5. Peterson, Shailer A. How Well are Indian Children Educated? U.S.
Dept. of the Interior, U.S. Indian Service, Washington, 1948.
6. Anderson, Kenneth E., et. al. The Educational Achievement of
Indian Children. U.S. Dept. of the Interior, Bureau of Indian
Affairs, Washington, 1953.
7. Coombs, L. Madison, et. al. The Indian Child Goes to School. U.S.
Dept. of the Interior, Bureau of Indian Affairs, Washington, 1958.
8. McKinley, Francis, et. al. Who Should Control Indian Education?
Far West Laboratory for Educational Research and Development,
Berkeley, I969.
9. Bennett, Robert. Hearings Before Senate Subcommittee on Indian
Education. Washington, May 21, I969.
10. Havighurst, Robert J. The National Study of American Indian
Education. Vol. I-V. Univ. of Chicago, 1970.
11. Newton, Peter M. and Levinson, Daniel J. The Work Group Within
the Organization: The Inter penetration of Structure and Process.
Unpublished paper.
12. Miller, E.J. and Rice, A.K. Systems of Organization. Tavistock
Publications, London, I967.
13. Katz, Daniel and Kahn, Robert. The Social Psychology of Organi-
zations . John Wiley and Sons, Inc. New York, I965.
385
EXHIBIT NO. 8 (Continued)
14. Rosenthal, Robert and Jacobsen, Lenore. Pygmalion in the Class-
room. Holt, Rinehart and Winston, New York, I968.
15. Silberman, Charles E. Crisis in the Classroom. Random House,
New York, 1970.
16. Kohl, Herbert. Thirty-Six Children. The New American Library,
1967.
17. Friedenberg, Edgar F. Coming of Age in America. Random House,
New York, I965.
18. Kozol, Jonathan. Death at an Early Age. Houghton Miffein, I967.
19. Illich, Ivan. De-Schooling Society. Harper, New York, 1971.
20. Hammerschlag, Carl A. Pride, Powerlessness and Rebellion: The
Red and the Black. Journal of Human Relations, Vol. 18, No. 1,
Spring 1970.
EXHIBIT NO. 9
S.K.I.N. ATTACKS INDIAN EDUCATION CENTER
.embers of the Student Koalition of Indian Natives viciously attacked the Center For Indian
Education at the Thirteenth Annual National Indian Education Conference in Tempe, on March
17 i 1972. The S.K.I.N. members assaulted the Center before a packed house during a panel
discussion that met to discuss the problems facing Indian university students in the South-
west. "The Indian Education Center", stated the student panel, "is nothing more than a
White program, run by Whites, educating Whites, for White people!"
The Indian Education Center at ASU is a component of the Special Education Department. The
Special Education Department is designed to train professionals for work with the mentally
retarded, the emotionally disturbed, the disadvantaged student with learning disabilities,
handicapped children and other less- fortunate drudges of society. This is not enough of a
slap in the face. The director is non- Indian, the assistant director is a guy from Nebraska
who "avoids" dealing with ASU students, and the graduate assistant is a White guy who never
saw an Indian in his life before he got to ASU last autumn. He is supposed to be the student
counselor, but no Indian student will utilize his services, perhaps, because he is completely
inept in dealing realistically with Indian students. He sits in his office four hours a day
taking up space, completely ineffective in accomplishing the objectives of his position.
You talk of accountability? This entire program needs a thorough evaluation. It then needs
housecleaning. A more realistic set of values, goals and objectives are in order. Then, a
meaningful vehicle for accomplishing these new goals would bring about a more effective Ind-
ian educational program.
Excuses have been used to dismiss the inequities of this program. "The university will not
allow such a reconstruction within the Indian Education Department" is a common rationalisa-
tion. "The Director must have a Ph.D" is another. If the university wants to sponsor an
Indian education program that is doing more harm to Indian people than good, then it's time
for change, or get rid of it. If the university is steadfast in its insistence upon a Ph.D.
to administer the Center, then they'll not have an Indian director for a long time, and the
program will lack the personal feeling and empathy required for the success of this vital
Indian program. Whatsmore, if this university was really concerned enough toward developing
Indian leadership through higher education, they would make an effort to secure qualified
(degreed) Indians to operate their Indian programs. After all, there are degreed Indians
running around out there someplace.
S.K.I.N. members and the A.S.U. Indian Advisory Board have the deepest personal respect for
the director of the Indian Education Center. But he has got to realize that Indiana have got
to start developing their own programs as well as operate the same.
ASU UPWARD BOUND SJgtS COUNSi&ORS
Irvin Coin, Asst. Director of the upward
Bound Program for Indian students at ASU,
recently announced tuat his program was now
taking application for Tutot-Counselors. The
Tutor-Counselor should be preferably Indian,
have at least 60 credits toward his degree,
male or shemale, maintain least a 2.00 grade
point average, must reside in the dormitory
during the summer session, must be able to
qualify under the work-study program guide-
lines, and cannot enroll for summer course
work. The Upward Bound Tutor-Counselor will be
responsible for personal counseling, as well
group tutoring. For further information please
contact Mr. Coin's office at 209 South Hall,
call 965-2J71, or stop by his office to pick to
up an application.
"Trtt Ut>iM4 Seit-OoT*
~Th* Mtolt yml/ty rulntd, btctum of hit dtnntct
tttcaic Uantctt"
(386)
387
EXHIBIT NO. 9 (Continued)
ASP INDIA* LEADERSHIP PROGRAM REWARDS INDIAN SELL-OPTS
The Indian Leadership Program at A.S.U. , funded by the Indian Desk of the Office of Econ-
omic Opportunity in Washington D.C., is the biggest Indian rip-off that has ever been perpe-
trated at Arizona State University. The program was one of four that directed exhorbitant
amounts of monies into schools at Harvard, Perm State, University of Minnesota, and Arizona
State University. The O.E.O. guidelines of the proposal stated that the funds were to be
used strictly to train Indian graduate students for school administrative positions in Ind-
ian schools. This program, instituted by Dr. Jim Wilson, then-Director of the Indian Desk
of O.E.O. in Washington D.C, was the greatest educational program for Indians that has ever
been created. Harvard, Perm State and Minnesota developed beautiful Indian Educational Ad-
ministration Programs for their students. Arizona State University didn't! Arizona State's
5122,666.00 share of the proposal was "mysteriously" channeled into Elementary Education.
Dr. Donald O'Beirne from the Elementary Education Department, became the director of ASU's
program. It seems that Dr. Jim Wilson received hie doctorate in Elementary Education here,
and Dr. Donald O'Beirne was the chairman of his doctoral committee at ASU.
It doesn't take a second-grader to add two and two.
Recruited Indian students were lured to ASU into this program on the belief that they
would be training for school administration positions. When they got here, they found out
they were going to get Master's degrees in Elementary Education. Just what they needed!!!
Elementary teachers come a dime-a-dozen. Indian school administrators can't be found on this
earth.
Finally, the Indian students protested. They signed a petition calling for an investiga-
tion. Several blonde "Indian" students didn't sign the petition. O'Beirne rewarded them for
selling-out by giving them the advanced doctoral fellowships in Elementary Education. One
doctoral student is Just now returning from Europe, studying on "Indian" monies. Two students
in this program, Bob Carnahan and Clayton McDowell, had no Indian blood whatsoever. An in-
vestigative team came in from Washington D.C., but Dean of Education Del Weber conveniently
slipped out "on vacation" for several weeks. The protest was quelled, smoothed over, and
nobody heard of it since.
UPWARD BOUND PROGRAM REC£IVBS CUT-BACK
1. The university says "We want more Indians in our school."
2. The university then witnesses a drawback of funds from Washington D.C. that
seriously limits the ability of ASU's Upward Bound Program to recruit Navajo
students.
The cut-back has grieviously injured the Indian division of the Upward Bound Program
by limiting ASU's radius recruitment boundary to 75 miles, wiping out participation
from the Navajo Reservation, the Papa^o Reservation, the Apaches, the Northwestern
tribes of Arizona and others. It would be fun to attack the university as being
responsible for this move, but I won't. Washington D.C. (Tricky Dick) is responsible
for this cut, but what has ASU done to protest? Nothing.
Therefore, one of the greatest assets to the recruitment and orientation of Indian
students at ASU has been critically wounded. Instead of attributing future Indian
student growth to the ASU Upward Bound Program, we can point an accusing finger to
them for crippling Indian growth. But let's not give up on them, let's get behind
Irving Coin, Hopi Assistant Director of the Indian division of the Upward Bound,
and help make the best of what we now have. Then, next fall, let's do something to
increase the radius of recruitment back to where.it should be.
388
EXHIBIT NO. 9 (Continued)
Wednesday
Arizona State University
Vol. M, No. 102 May WWW
state
press
Indian attacks Universitiy
claims institutional racish
Rick St. Germain*
".SU does not give Indians fair
•atoent, according to the
airman of toe Indian Ad-
iory Board.
Rick St. Germalne aald
sterday Indiana In Arizona
■re admired across the
jntry from an economic,
'ritual and traditional
irrpoint.
"But of the eight Indian
i;rams at the University
signed to Implement Indian
"Airship In Arlxona, only one
ilan has been employed," be
Id. .
Tola la one example of bow
s school Is promoting ln-
.utional redsm. It doesn't
JJcfax the fact that Indians
j on this campus."
ja Indian Education Center,
crating oat of the special
licatlon department, la
designed to train teachers for
Indian children. St Germalne
aald 19 per cent of those enrolled
were non-Indian.
"They're employing one
token Indian as the assistant
director and he Is from the
East," he said. "There are a
number of qualified people with
doctorates and masters
degrees, Indians who could take
over these programs."
The newly farmed ASU Indian
Advisory Board Is taking steps
to advise the University, In
areas of the development,
operation and expansion of
flsajsjsj ffrvt^ programs.
"We want a voice In deter-
mining how our programs are
run, we want a voice In deter-
mining who is directing and
staffing oar programs," aald St
Germalne, chairman of the
St Germalne, a Chippewa
Indian from Wisconsin working
on his doctorate in school ad-
ministration, said Indians In the
Southwest, especially in
Arlxona, are "far behind the
times as far as taking the
initiative to taking control of
their own political destiny."
Money for an Indian
leadership program, funded
through the Office of Equal
Opportunity In Washington over
one year ago, was
'"mysteriously «*«i»~i»<« Into-
elementary education," St.
Germalne said.
that the federal proposal
specifically stated the money be
used In school administration
areas.
Between March S and IS
members of the Student
Koalltion of Indian Natives
(SKIN) registered 1,300 persona
calling for a recognition of the
Indian Advisory Board and an
Investigation of University
programs pf+*<,ring >A tnHt««
A series of meetings with
University President John Scb-
wada and George Hamm. vice
president of Student Affairs
vera set to present the
Hamm recognised the board
March 30.
In a recent election J00
University Indian students
chose St Germalne as chair-
man of the board.
Board members Include
Loyce Phoenix, BUI t>llsai.
Gabe Sharp, Richard Palmer,
Will Dalton and Homer Hubbell.
In the past two weeks the
board has started a recrultzDent
program In the high schools,.
sod is pnMaMpa, brochures
shoot Its goals. The hoard win
work with incoming Indians
during summer orientation.
They will sponsor a slide
presantitlon ami fflim ami bar*
to lure a director for
Indian Affairs on a paxtOjM
basis. Be will serve as
executive director to the ASU
wOssal Advisory Board.
SKIN will sponsor an span
conference on "Tribal
Education Coordinators" May
17, from t ajn.-J pjn. In the
HO.
"We're had gnat success
with the president's office and
Dean Hamm's office. We're
very pleased with the
developments taking place In
the last two weeks. The future
looks bright," said St Oer-
389
EXHIBIT NO. 9 (Continued)
thursday
Arizona State Wiiversity
Vel. J5. No II S«p1»mb«r 11, IfTl
ASU ignores Indians,
ISA chairman says
•y RICK MAMRLE
The Indian Student Association haa charged the Uiuveratty
win ■ lack at concern far the nwdi at Indian students an
aaaopu* and In Artasna.
Rick 81 Oermalnt, chairman of the anode Hon, alio aald
the University baa little regard (or Indian students and la not
SL Germaine ehar|ea the University haa a doaad door
agnations policy (or Indian student*. He amid the University
ass a seven-tenths at one per cent Indian popoiaUon while
Arbwia haa a ati par cant Indian population.
Recruitment haa been a problem, St Oannalaa said.
Persons who should be recruiting ere doing e poor lob, he said.
SL Ganaalne said Indian education la primarily for
propaganda. He aald the program la advartiaad aa training
Indians in educadon to go back to the reservation to teach.
"But last year, almost nine outof 10 students In the program
were non-Indian," he said This Is against the federal policy of
Indian sen-determination, he aald.
The tact that the Indian students of ASU nave completely
hruaui off from them (center for Indian EoiK»ow),nenfS]nrtng
the* patamaktnc and indoctriniatic plots, haa not affected thatr
direction." he added.
"They have consistently Mred non-Indian students as
graduate assistants and eubasauently assigned these itadeots
as counselors of under gt adnata Indian students who an ex-
periencing difficulty," said St. Germaine which keeps non-
Indians in control of programs that should be controlled by
St Germaine said the Indians have been granted an Indian
Affairs Board but the University has not listened to IL
The Indian board has taken its esse to the Special Services
Advisory Board, he said, and the special services board sym-
pathises with Indian problems, but the board's hands are bed.
The Educational Opportunities Program (EOP) and other
organkatiorj Just pit one minority against the other, he said.
Thai no group benefits from the program.
"This University la not committed to the needs of the In-
dians In this state," he said.
"ASU Is promoting the White Father myth," St. Germaine
aald. The white man has always fell superior to the Indians and
bat tried to control hb destiny, he said.
According to St. Germaine, the ASU administration baa
the IndUru many things, bat In the American
i has net kept any of those ptumieea.
state
Ttmse. AtIum
m THIS WAR
THE HELL
pvrTPORff
Rick St. Germaine
Photo by Rick Glass
St. Germaine said Dean George Hamm, vice president of
student affairs, promised Mm sn Indian Affairs director, bat the
Indian students only got a coordinator.
Bill DeHaas, an Indian recommended by SL Germaine and
his committee to be Indian Affairs director, was hired M time
over the summer. He was to report to Dr. Lain Shell, associate
dean of student affairs, with recommendations to Improve In-
dian problems on campus.
The following recommend* Sons were mads:
-line up niton and counselors for Indian students. This
would mean getting upper-level Indian students to tutor un-
dergraduate Indians;
—Another full time Indian In the student affairs office,
hopefully dealing with financial aids;
—More Indian students, to be accomplished by mora
sgresslve recruitment;
—Plug more Indian students Into orientation programs.
Tetaerrtv: Ike adtthastrarlsa answers the batata Bestial
Assectausa rkarges.
390
EXHIBIT NO. 9 (Continued)
Opinion
Letters
Thursday, September 28 — Page »
J8»«S8¥$mW:*K*:*:^^^
Indiant ftflcounter
University snafu
Editor:
Ifi too bed that Dean Leon
Shell iu assigned the duty of
answering Indian charges
leveled against the university
admliustrstion, tines they were
directed it George Himm, but
day that Hamm works In that
sort of manner.
Shall wasn't present at
meetings between "w|m and
mecoben of our Indian Student
Association laat spring aad
If be had, he would have
listened to Hamm promise ASU
Indian students an Indian Af-
fairs Director, an rrnparrthle
recruitment program run by
Indians, an Indian canter, and
his philosophy of total com-
mitment to the Indiana of this
stats.
cannot deny these
i unless he's willing to
the testimony of three
■ Indian witnesses
Shell cannot take credit, nor
can anyone In the Student Af •
ttfk Office, for the Initiation
ani development of Indian
prearanis over the euininer.
S JC.I.N. end I.S.A. members
ace responsible for this work
and can attribute to the work
that was made toward working
out a recruitment program, the
Indian Advisory Board,
'Hi i
biK
>H '»
''HO:
financial aids personnel, public
relations Information for ASU
Indian students, and Indian
survival course and many other
things.
It Is also Interesting why
Indian students on this campus
first had to picket, demonstrate
and petition, before the
university made any attempt to
remedy medieval situations
that existed In regard to Its
relations with Skins.
Dr. SundwaUL Anglo director
of the Center for Indian
Education, la all the more In-
credible for his alibi statements
made In the Sept. J3 Issue of the
State Press.
Only in Arixona can a White
man get away with saying that
••Indian people don't want all
Indian teachers." If be says It
long and loud enough, they'll
make him the director of an
education program for Indians.
Sundwall, too, thinks that the
federal policy of Indian self-
determination only applies to
Indian students going to BIA
schools.
And again, he suites that
Indians do not return to their
reservations. What he refuses to
realize Is that thousands upon
thousands of Indians are getting
educated today and are doing
Just that — returning home to
help their people.
And many are going to the
cities to help their people who
live there. And someday soon,
one will rightfully take his Job,
and make Improvement in
the horrible situation at ASU.
The State Press didn't cover
the story concerning the
misappropriation of Indian
funds In the amount of over
fU2,000 that were earmarked
for Indians In graduate school of
educational administration.
Why did Donald O'Beirne and
Robert Strom direct these funds
Into their elementary education
program, set up a little power
structure for themselves and
then subjugate Indian students
Into selling out their own
people?
The answer to this question
should be a real Issue on this
campus today.
This university should
examine what they have done to
their Indian students In the
past
They should refrain from
promoting their White Father
and paternalistic roles and turn
over Indian programs to Indian
leadership. Arizona universities
are decades behind other
schools and moving backwards.
Then It still remains to be.
seen what Hamm will do next
Will he open up token positions
for Indians, write It off In his
federal reports, and continue
side tracking our pleas?
Will he meet with me and
listen, this time? Or will we
have to go after him again In
another couple months?
Rlck St. Germalne
Graduate Stadeat
School Administration
STUDENT
COUNSELING
SERVICE
At the Student Counseling
Service a staff of counseling
psychologists assist students in
areas of educational and
vocational pi«w*ing evaluation
of long-term goals, un-
derstanding of salt and
relationships with others. All
sessions are confldenual.
Services Include:
—Individual counseling
-group counseling
-pyschological and vocational
testing
—occupational library.
For further information con-
tact Dr. I. T. Cummlnaa,
director, In WDson Ball UMlal.
or. CTeorje "2O00-in-5-y«*urs* Mean
Vic* Preaident tor Student Affairs
391
EXHIBIT XO. 9 {Continued)
friday
*/ma State University
state
press
Br RICK MAHSLB
Dr Leon Shell, associate dean
of student affairs, denied
charges by the Indian StudenU
Association that A.SU's ad-
ministration ignores Indiana
"We've been very much
aware of the Indian students at
ASU." he said
Chairman of tbt association.
Rick St. Gennaine. has charged
tkat the University is Ml
eacsmltted to betpsjut the ladtan
stadeats m campus or la
Arttou
Shall cud the University is
doing many things to hrfp In-
dus studenU. but "we atlO
aren't doing enough We have a
way ta go, but there surely have
been efforts made in many
olfactions'
Coordination
As infarmaUoa-galherlaf,
absdy u being conducted by the
Student Affairs office. Shell
said The Purpose of the study U
to And a wry to coordinate all
Uh Indus pr<«rams on campus
to prevent overtop and slap-up
mi in i n iiin ppjwi
Back " grasp pria— try
ntpoaslMe far ladsan
pregrems waold remain
riaji— 'hit, ha (aid. but tbt
programs would W coor-
dtoeud. wadded af f
as UVy are »ow
St. GemsHx charged mat
fbe University baa a cloaad-door
policy towards admitting In-
dians According to figures
from last rear only seveo-Ualhs
of one per cant of the University
adm tenons, said there m
definitely no clnaaa annr ad-
missions poocy at ASU. "We
don't know whs a student Is
when be applies," he said.
"AD studenU I
e<jually We have no quotas. pa>
no altentlon to tbt high school
they graduated from or their
ethnic origin." Norton said.
The only reason Morton could
give for tbt low percentage of
Indian studenU was that they do
not aontv
Low par can f aoa
SbeD tald be would be in* first
to admit the low parentage of
todUn studenU at ASU He said
the keys to kwa eased Indian
enrollment war* Increased
financial aid* and better
recruitment programs.
Over tha summer. Bill
DeHass. an Indian recom-
mended by tbt Indian
asnoctaUon, was hired full time
to matt rtcoenmendatjons to
the Stawent Affab-t office Shell
aald miiy of DeHass'
DtHass said there waa a aaed
for Indian Mara and coun-
selors .Shell aald upper -level
Another rrcommeadation
was to add a full time Indum
staff member to the Student
Affairs office. Shell amid a new
larkan staff member will be
added la his office In the seat
few vceks
St. Germain* also charged
(■rorgr lljmm, deaa of
student- vuih promising the
Indian- a lirrctor of Indian
affairs llamm said SI. Gar-
mjune wan told there would not
he a direct ir of any ethnic
group un campus
The Indians were given an
Indian Advisory Board flAKi
Instead
University President John
Sdiwada said, in a letter to St.
tfennaine. that I AH would be
providing a vehicle for ex-
pression on the part of the
University's Indian studenU
regarding their educational,
jodal and financial needs.'
St (lernuune said the board
has not lived up to expectations
yet, because the University will
not listen lu the board
St Cieniiaine also charged
the Center for Indian Education
with false advertising and
propagandising
ASU Indians
not Ignored,
dean says •
Dean denies
charges
Rick St. Gormaine
Dr. Harry W. Sundwalf
director of the center, said the
center was never set up to be
.ill-Indian as St. f'.ermatne
apparently thinks it should be.
The program is designed to
train teachers in educating
Indians, with special emphasis
on Indian history and culture,
and has been that way for It
years, he said!
"Indian people don't want all
Indian teachers, lie said.
About 16 per cent of the studenU
in the center's program are non-
Indian
Sundwal) said white teachers
are not against federal setf-
determinallon policies because
the policy only applies to
bureau et Indian Affairs tBIAi
arhoob. Meal Indian, da not
attend MA schools sn they do
not fall under federal policy, he
said.
Many Indian studenU do nut
return to the reservation to
touch. Sundwall said Once they
gel their education, they go to
targe dues where the money is.
St. Gcrmalne called such
Intians Uncle Tomnawka."
"We do have, as all groups do,
those Indians more Interested In
money than their own people,"
he said
Indian studenU are helped In
many areas. Shell said. He
mentioned Indian students
receiving financial aids, a
graduate program in social
services administration with
grants ear -marked for Indians.
and other campus programs
available to all minority
students
EXHIBIT NO. 10
DEVELOPING CURRICULAR CONTENT
OF THE INDIAN SURVIVAL IN A NON-INDIAN WORLD
COURSE FOR NATIVE AMERICAN STUDENTS AT
ARIZONA STATE UNIVERSITY
by
RICHARD ST. GERMAINE
Submitted in partial fulfillment of the requirements
for Research Methods in Education EF-500
in the College of Education
Arizona State University
Summer Session 1972
(392)
393
EXHIBIT NO. 10 {Continued)
TABLE OF CONTENTS
Page
INTRODUCTION 3
REVIEW OF LITERATURE 5
METHODS AND PROCEEDURES 10
Questionnaire 12
ANALYSIS AND RESULTS 13
Tables 16
Charts 19
SUMMARY 23
CONCLUSIONS AND RECOMMENDATIONS 2k
BIBLIOGRAPHY 26
394
EXHIBIT NO. 10 {Continued)
INTRODUCTION
Social and academic adjustment to university and urban
life looms as a detriment to post-high school educational success
for Indian students in Arizona. The development of a program
entitled "Indian Survival In a Non-Indian World", designed to
combat the novelty of university living and create familiarity
with afore-threatening experiences, would be a conversant task
to the professional curriculum designer, and one readily assumed
by parties with vested interests. The problem is one of determim-
ing the most feasible content of this adjustment-orientation
course for Indian students.
Tbe purpose of the study was to build upon ideas for a class-
room model through the acquisition of concepts developed by three
groups of students at Arizona State University.
The hypotheses underlying this study werei
1 . The Indian student group would request a greater per-
centage of cultural awareness and self-concept development
content than the other non-Indian groups.
2. The non-Indian student groups would make a greater per-
of requests for a "Whiteman's education" than the Indian
groups .
3. The Indian student group would make a greater percentage
of requests for an Indian instructor of the course than the
non-Indian groups.
Some definitions for certain terms are offered belowi
1. Indian student- as recognized by the Bureau of Indian
395
EXHIBIT NO. 10 (Continued)
Affairs, any person of J degree or more Indian ancestry,
duly enrolled in an accredited university or college.
2. Whiteman's Education- as commonly referred to by reservation
Indians, the dominant content of studies prevailent in
American public school.
The need for the study has arisen from the increasing en-
rollment of Indian students at Arizona State University, the majority
of which are ill-equipped to meet the demands of rigorous ed-
ucational challenges, subsequently failing in their attempts to
secure higher educational goals.
LIMITATIONS OF THE' SIUDY
1 . The small proportion of sampling of Indian students in
comparison to the non-Indian contingent. A larger number of Indian
students questioned would have increased the validity of this study.
2. Because of the nature of the questionnaire, the researcher's
analysis of the answers to the questions became a matter of question
in several instances. Objectivity in analyzing material became
a difficult task on several occassions.
3. Compiling Group I and Group II together as a basis of compari-
son to Group III, when they differed significantly in maturity
and experience.
396
EXHIBIT NO. 10 {Continued)
REVIEW OF LITERATURE
While some Indian leaders have become intent upon locking
themselves into struggles with educational policy-makers and
the public over the fact that Indian people are not receiving the
educational opportunities due them according to federal treaties,
laws and constitutions, their attention is being drawn away
from the most crucial of shortages in America, the quality of
education that an Indian child receives, or better yet, the in-
sufficient attempt to ready the ethnical minority student once
he attains collegiate status. (5»^) For it is the greatest of
short-comings, according to McKinley, when Indian children *r*i-
mot' given the allowance of adjustment to a foreign culture with-
in the schools. (10il4) Cuban also testifies in a Phi Delta
Kappan that "when minority children are thrown into a sea of
White instructional information, they will not come out cleansed
of self -hate and sparkling with ethnic consciousness. They will
drown." (4i27l) He continues, in point, that preparedness
for cultural understanding rests with the sensativity of teachers.
When Cuban falls short in pointing out the specific failings
of our educational systems at the higher education levels, Green
indicts the public schools for neglect in "providing minority
and poor children with the knowledge and skills they need to earn
a decent living and to plarticipate in the social, educational and
political life of the community," (6 i 27*0 Where Green overlooks
the adjustment process necessary for the accomplishment of know-
ledge and skills in learning, Artichoker suggests that, whereas
the normal counseling and guidance program in a non-Indian setting
397
EXHIBIT XO. 10 (Continued)
is designed only to supplement the information and guidance of
parents and friends, the counseling and guidance program for
Indians must be the core of the entire process of selection and
attainment of educational and vocational goals. (5>30) "The
Indian arrives at the college with a short background in academic
preparation" , according to an article written by Ludeman for
The Journal of Educational Sociology. While he recognizes the
lack of preparation for college life, however, he fails to bring
about a realistic approach to the solution to this problem with-
in his study. (9i335)
In this context, Quimby attempted to ascertain and analyse
select cultural, social, economic, and academic problems faced
by American Indian students as they pursued their college careers
in the state of Arizona. (l4i2) His pursuits at providing in-
stitutions of higher education with an authentic source of in-
formation that would help plan orientation programs and improved
guidance and counseling services for American Indian students
are sorely needed. Based upon studies gathered from successful
and non-successful Indian college students, Quimby concluded
his study with an appeal to college officials to learn the
problems faced by Indian students and "supply the services,
guidance, and other necessary means to enable them to
successfully help themselves." (I4il27)
Quillen, too, views the problems of adjustment as a complex
conglomeration of items, centering in such areas as "the cultural
rold and objectives of education, the organization and administration
of the school, the content of education, methods of teaching
398
EXHIBIT NO. 10 {Continued)
and learning, the evaluation and guidance of the student, and
public relations and the provision of adequate financial support."
Nix identified the problem in his doctoral dissertation when
he quoted James Officer from a report entitled Indians In School.
"There is always a problem of social adjustment for the student
who changes from a federal high school to one where the enrollment
is predominantly non-Indians and values are definitely middle
class," Officer found that many Indian students leave college
prior to completion because they fail to make this adjustment.
Furthermore, hi* suggestion that colleges and universities main-
tain a similar counseling service to that provided for foreign
students as a deterent to high drop-out rates, due to problems
of social adjustment and English comprehension, produced lauds
from Nix. (12i?l-72)
The militant-activist Indians of North America, and their
allies, of course, have resounded the pleas for a greater quality
of education, particularly in preparing young Indian students
to meet the challenges of an unfamiliar, foreign type of life
associated with the university community.
"Indians who move off the land and into the cities are apt
to become losers. In fact, the first thing an Indian learns
is that he is a loser", retorted Senator Walter Mondale to a
Time correspondent in 1970 (lil9) In the same article, Time
magazine reported responses made by several Indians in regard
to attempts at trying urban life. "I was unhappy there. It was
too fast. There was noise, fumes, confusion-the Whiteman's
399
EXHIBIT NO. 10 (Continued)
problems. In the city you lose your contact and feeling for
the land. You become isolated", according to Donna Flood.
"The people live like foreigners - unfriendly, clannish. The
bars were the only place to get acquainted and unwind" , spouted
a Cherokee. (Ii20)
Problems of failure were noted by Cahn in Our Brother's Keepen
"If the Indian child fails, it is because he is Indian.
Failure is expected, and the expectation becomes self-
fulfilling. Educators hope to overcome the Indian child^s
cultural deprivation, buttthey really don't expect to
succeed. Most schools are prepared to pass every Indian
student (what they call social promotions) regardless of
his performance". (3i^3)
Along the same lines, Senator Edward Kennedy noted in al970
edition of Look magazine i It is clear that the Indian is being
shortchanged. It is clear that the American Indian has the cards
stacked against him. And it is clear as well that the BIA isn't
doing much to help." (8136)
In Edmonton, the Indian Association of Alberta has devised
a curriculum for its existing schools, as well as created plans
for the development of total Indian control of its own education.
As explained in the "Montreal Star" by Boyce Richardson, Associate
Editor 1 "Thousands of native parents feel the integration system
is failing their children. They are being shoved, ill-prepared,
into a social and cultural atmosphere totally alien to everything
they have known." (15il7)
Ex-NIYC President, William Pensoneau, sees the adjustment
problem further agitated by the fact that young Indian people
"are spoonfed platitudes about life". Furthermore, "whatever
the young Indian may learn at home he is told to forget when he
gets to the non-Indian-administereed school". " I call that
400
EXHIBIT NO. 10 {Continued)
negative socializing, where they teach the young to negate and
reject everything they are taught at home". (7»19)
Therefore, the diversity of Indian-oriented resource people
agree, like Mooney, that grave problems exist among entering
Indian college students with regard to inadequate training for
college life, insufficient economic training, inability to
relate to the dominant culture, and even (sometimes) religious
and moral problems. ( 11 • 52056) Educators such as Quimby and
Officer have called on collegiate officials to train themselves
for the unique problems facing Indian students, provide the
services necessary for success, and maintain orientatinnal-
adjustment programs that will facilitate preparedness in the
cultural realm. (1^1127) (12 i 71-72) But the question still re-
mains unanswered in respect to what types of programs are required
at Arizona State University during the decade of the 70 's to
meet the challenge.
10
401
EXHIBIT XO. 10 (Continued)
METHODS AND PROCEEDURES
In order to test the hypotheses that Indian students, from
non-Indian students, requests for content in the "Indian Survival -
In the Non-Indian Worldi course, a one-page questionnaire was
presented to three groups of students, requesting them to complete
five questions that were designed to solicit ideas for the develop-
ment of the curricular content of the Indian Survival Course.
The questionnaire delved into learning experiences, course content,
philosophy of Indian education, practical applications for the
course, and leadership for the position. It was used as a device
to extract personal feelings from respondents about Indians as a
basis >f6r constructing the content.
The three groups sampled were representative of i 1 ) non-
Indian graduate students, 2) non-Indian undergraduates, and 3)
Indian graduate and undergraduate students. Group I (non-Indian
graduate students) were presented with questionnaires in a class
situation, briefed concisely, and returned the forms the following
day. Group II (non-Indian undergraduates) were presented with
questionnaires in a class situation, briefed consicely, and some
returned the forms the following day. Group III (Indian under-
graduates and graduates) were presented questionnaires! l) at
an Indian meeting, 2)in a class situation, and, 3) "on the street".
They were given brief and concise explanations.
The data was analyzed according to number of responses from
the three groups to the five questions. Percentages of any given
similar response were used as a basis of comparison on charts.
402
EXHIBIT NO. 10 (Continued)
11
Seeing, in some cases, as the data was highly subjective,
analysis of the information was made quite cautiously.
403
EXHIBIT NO. 10 (Continued)
Age 12
Sex
Educational Level Teaching Experience ( Years )
Suppose you were planning to enroll In a three hour accredited course entitled
"Indian Survival In A Hon-Indian World".
What type of experiences (within the course) would you expect or anticipate?
(please be specific)
With what would the course content be composed?
What are some important items necessary for Indian survival in a non-Indian
environment?
What are important aspects of life that an Indian child should obtain in order to
realize his potential, make adequate decisions concerning his life and successfully
assist his people toward unity and peace?
In your estimation, who should teach this course?
Check hern if you are an Ind-'an_
404
EXHIBIT NO. 10 (Continued)
13
ANALYSIS AND RESULTS
The findings of this study revealed a significant difference
between the non-Indian and Indian groups in regard to requests
for curricular content in cultural awareness and self-concept
development areas. The Indian group, as shown in Table III, items
B, C, D, and Table II, items D, £, made 50 requests from a possible
75 (.667 percentage basis) for thses development areas. The two
non-Indian groups, as shown, in the Tables, made 79 requests from
a possible 210 (.376 percentage basis) for the same developmental
areas .
The findings also revealed that the non-Indian groups did
not make a greater percentage of requests for a "whiteman's
education" than the Indian group, thereby refuting the second
hypothesis. The Indian group, as shown in Table II, items B, C,
and Table III, items A, G, H, actually placed great emphasis upon
the worth of a "Whiteman's education" making 39 from a possible
75 requests (.520 percentage basis), while the two non-Indian
groups, as shown in the same Tables, made 83 of a, possible 210
requests (.395 percentage basis) for the "Whiteman's education".
Also, the findings revealed a significant difference between
the non-Indian and Indian groups in regard to requests for Indian
instruction of the course. The Indian group, as shown in Table
IV, item A, made 11 from a possible 15 requests (.734 percentage
rate) for a Native American instructor, while the two non-Indian
groups, as shown by the same table, made 42 requests (.247 per-
centage basis) for the Indian instructor. In addition to this,
405
EXHIBIT NO. 10 (Continued)
If
the non-Indian groups requested existing non-Indian academic de-
partments or anyone who is competent, as shown by Table IV, items
B, D, 15 from a possible 8k times (.179 percentage rate) to provide
instruction for the course, while the Indian group, as shown by
the same Table, made 1 of a possible 30 requearts (.030 percentage
basis) for the same source of instruction.
In general, the Indian group ranked group discussions of
current Indian problems and utilization of speakers and other re-
source people, high. Training for awareness of the dominant Anglo
culture was even valued greater than discussion of current Indian
problems in Table II. However, appreciation of Indian heritage and
culture development of pride and self -concept, and promotion of a
sense of worth as an individual and member of a society drew the
greatest amount of attention from the Indian group.
The non-Indian undergraduate group emphasized interest in
discussion of Indian problems, the use of resource people, and
visitations to reservations and other Indian Communities. In Table
II, they consistently ranked behind the other two groups in the
areas of discussion of Indian problems, awareness of the dominant
Anglo culture, Indian education and Indian politics. In Table IV,
they failed to point out career education, vocational training and
employment security as necessary items for Indian survival. They
recognized the worth of the appreciation of Indian heritage, self-
concept development, and pride as necessary items for Indian survival,
yet to a much lesser extent than the other two groups.
The non-Indian graduate group recognized group discussions of
Indian problems, the use of resource people and field trips to
406
EXHIBIT NO. 10 {Continued)
15
resources a greater percentage of the time than the undergraduate
group, but to a lesser extent than the Indian group. They con-
sistently valued Indian history, culture, language and heritage
as shown by the number of requests, moreso than the undergraduate
group, but again, to a lesser extent than the Indian group. In
the area of training for dress and shelter, vocational training,
career education, and economic security through employment, the
graduate group placed a greater amount of emphasis upon,
than the other two groups.
407
EXHIBIT NO. 10 (Continued)
16
Table 1. Comparisons of answers to the questioni what type of exper-
iences would you expect or anticipate within the course?
•interpretation of groups i group I represents 24 non-Indian graduate
students polledi group II represents 18 non-Indian undergraduate
students polledi group III represents 15 Indian graduate & undergrad-
uate students polled. All groups were polled at random.
Group I Group II Group III
A. instructional media
(films, TV, aids)
B. speakers & resource people
C. group discussion of problems
D. field trips to resources
E. visit reservations
.083
2
.333
8
11
*¥*
.168
.165
3
.278
5
.389
7
.111
.200
3
.468
7
.734
11
.333
5
.333 .000
Table 2. Comparisons of answers to the questioni with what would the
course content be composed?
Group I Group II Group III
A. current Indian problems
B. awareness of dominant Anglo
culture & societal changes
C. personal budgets, checking
accts, taxes, etc.
D. Indian history, culture &
language
E. Indian education
F. Indian politics
G. training for dress & shelter
.542
13
.500
12
.250
.168
.375
9
.389
7
.445
8
.611
11
.056
1
.056
1
.000
0
.800
12
.468
7
.734
11
.333
.200
,000
0
408
EXHIBIT NO. 10 (Continued)
17
Table 3. Comparisons of answers to the questioni what are some
important items necessary for Indian survival in a non-Indian envir-
onment, as well as aspects of life that should be obtained?
Group I Group II Group III
A. obtain an education in .750 .445 .867
the White world 18 ~8" 13
B. Indian language & culture .292 .389 .468
7 7 7
C. self -concept, pride & .458 .278 1.000
sense of worth 11 5 l3~
D. appreciation of Indian .417 .278 .800
heritage & culture 10 5 12"
E. responsibility to his people .168 .056 .600
~4~~ 1 9
F. knowledge of environment .042 .056 .400
1 1 ~6*
G. adequate living, jobs & .292 .056 .067
self-supporting 7 1 1
H. career education(vocational .292 .000 .267
training) 7 0 4
I. solidarity and unity .209 .000 .200
5 0 3
J. religious beliefs .000 .165 .200
0 3 3
K. socialize with others .250 .056 .267
(including non-Indians) 6 1 4
L. don't condemn the Whiteman .250 .000 .000
~Z 0 0
M. communications & human .126 .000 .133
relations 3 0 2
N. educate the Whiteman .083 .056
2 1
-P
0. politics .083 .000 .133
2 0 2
P. not sure, no answer .126 .389 .000
3 7 0
409
EXHIBIT NO. 10 {Continued)
18
Table k. Comparisons of answers to the question i who should teach
this survival course?
Group I Group II Group III
A. a competent Indian .375 .^5 .73^
B. anyone who is competent .292 .222 .067
7 4 1
C. a team (at least one Indian & .209 .111 .133
one Anglo) 5 2 2
D. existing university departments .083 .111 .000
(ie. psychology, sociology) 2 2 0
E. also resource people .126 .000 .200
3 0 3
.000 .111 .067
~0~ ~2~~ 1
F. no answer
100*-,
90 -
80 -
70 -
60 -
50 -
ko -
30 -
20 -
10 -
0*
410
EXHIBIT NO. 10 (Continued)
19
Fig. 1. Percentage of answers to the questioni what type of
experiences would you expect or anticipate within the course?
non-Indian graduate students (24)
■non-Indian undergraduates (18)
•Indian graduate & undergraduates (15)
item "B" - invited speakers and resource people.
item ""O" - group discussions of problems.
item "D" - field trips to resources in the city.
item "E" - visit reservations and rural Indian communities.
411
EXHIBIT NO. 10 (Continued)
100# -
90 -
80 -
70 -
60
50 -
40 -
30
20 -
10 -
0%
20
Fig. 2. Percentage of answers to the question! with what should
the course content be composed?
non-Indian graduate students (24)
■non-Indian undergraduates (18)
-Indian graduate & undergraduates (15)
item "A" - current Indian problems (both urban & reservation),
item "B" - awareness of dominant Anglo culture and necessary
societal changes,
item "C" - personal budgeting, checking accounts, taxes,
small business management,
item "D" - Indian history, culture 4 language.
item "G" - training for dress and shelter.
ioo# n
90
80
70
60
50
40
30
20
10
412
EXHIBIT NO. 10 {Continued)
21
B
D
H
Fig. 3. Percentage of answers to the question: what are some
important items necessary for Indian survival in a non-Indian
environment as well as aspects of life that should be obtained?
non-Indian graduate students {2k)
. non-Indian undergraduates (18)
. Indian graduate & undergraduates (15)
item "A" - obtain an education in the White world.
item "B" - Indian language & culture.
item "C" - self -concept, pride and sense of worth.
item "D" - appreciation of Indian heritage & culture.
item "E" - responsibility to his people.
item "F" - knowledge of environment.
item "G" - an adequate living, jobs and be self-supporting.
item "H" - career education (vocational training).
item "J" - religious beliefs.
100# -j
90 -
80 -
70 -
60 -
50
ko
30 -
20 -
10
o#
413
EXHIBIT NO. 10 (Continued)
22
Fig. <K Percentage of answers to the question* who should
teach the anticipated course?
. non-Indian graduate students (240
. non-Indian undergraduates (18)
. Indian graduate & undergraduates (15)
item "A" - a competent Indian.
item "B" - anyone who is competent.
item MC" - a team (at least one Indian & one Anglo).
414
EXHIBIT NO. JO (Continued)
23
SUMMARY
The problem of determining curricular content for the Indian
survival course was faced by Indian leaders at Arizona State
University. The purpose of the study was to build a model course
utilizing curriculum ideas gathered from three groups of university
students. Three hypothese proposed that Indian students would
differ significantly from non-Indian students in selections of
course content, values within education, and leadership of the
course. Returned questionnaires supported the first hypothesis-
Indian students requested a greater percentage of cultural aware-
ness and self-concept developmental content than the other two
non-Indian groups. The second hypothesis was rejected-Indian
students actually requested a "Whiteman's education" percentage-
wise over the other two non-Indian groups. And thirdly, the Indian
students made a great percentage of requests for Indian instruct-
ion within the course than did the non-Indian segment. Tallies
of requests, percentages of same, as well as a breakdown of
variables and corresponding charts were used to illustrate com-
parisons. The significance of differences were statistically
and visually shown.
415
EXHIBIT NO. 10 (Continued)
2k
CONCLUSIONS AND. RECOMMENDATIONS
As a result of the findings and on the basis of data collected
from three divergent sources of the population that is vitally
involved in the educational process, the following conclusions
were drawn. A course of studies should be implemented at Arizona
State University that is instructed by a highly competent Indian
person for the definite purpose of providing orientation services
to incoming Indian students. This adjustment mechanism would
employ the use of a diversified number of community resources
such as relevent speakers, authorities in economic, cultural and
social fields, and field trips to vital points of interest and
concern. Also important are group discussions of pressing isues
in the realm of real problems, as well as the creation of devices
cooperatively constructed to deal with these problems.
Current Indian problems and issues would dominate the course
content, as well as units designed to strengthen the concept
of "Indianness", pride in the Indian people, and appreciation of
the Indian heritage and culture. The promotion of the American
system of education, with foreseen revisions, would be a necessity
at this point. Career education would be an area that could
evolve into employment counseling, academic program guidance,
and eventually, a self -perpetuating process whereby successful
students could provide future services.
416
EXHIBIT NO. 10 (Continued)
25
Subject to the limitations of the study, the findings appear
to justify the following recommendations.
1 . A continued series of studies and research should be
implemented to define a workable orientation program and
accomodating course of studies for American Indian students
at Arizona State University.
2. A revised study should be directly conducted, utilizing
a greater number of Indian students, as well as professional
educators and community resource people. The revised edition
should include a list of items on the questionnaire, checked
on a ranking basis according to individual importance.
Validity of measure and objectivity in analysis would there-
by be increased.
3. The development, by the university, of an American
Intercultural Studies Program for the purpose of exploring
intercultural history and destiny in America and bridging
gaps in the security of our nation.
k. The eventual implementation of the "Indian survival in a
non-Indian would" course. The direction should come from
qaali f ie a Imdiam indifi duals f rem- tie uaiver eity n*mpu»It y
who meets the standards set cooperatively by university
officials and the Indian Student Association of Arizona
State University.
417
EXHIBIT XO. 10 (Continued)
26
418
EXHIBIT NO. 10 (Continued)
27
BIBLIOGRAPHY
1. "The Angry American Indian", Time. Feb. 9. 1970, p. 19-20.
2. Artichoker, John Jr., The Sioux Indian Goes To College", Vermillion,
South Dakota, University of South Dakota, 1959. p. 30.
3 Cahn, Edger S., "Our Brother's Keepen The Indian In White America?,
World Publishing Co., New York, p. 43, 1970.
4. Cuban, .Larry, "Ethnic Content and White Instruction", Phi Delta
Kappan. Vol. 53. no. 5. Jan 1972, p. 271.
5. "Ft. Lewis College i No More Tuition", Americans Before Columbus .
Albuquerque, New Mexico, vol. Ill, no. 3. Nov. 4, 1971, p. 4.
6. Green, Robert L. "Racism in American Education", Phi Delta Kappan.
vol. 53. no. 5. Jan. 1972, p. 274.
7. Henkel, Cathy, "Indian Deories LADIES HOME JOURNAL Teaching", Akwe-
sasne Notes, vol. 3. no. 2, March 1971, p. 19.
8. Kennedy, Edward T., "Let The Indians Run Indian Policy", Look.
vol. 3^. no. 11, June 2, 1970.
9. Ludeman, W.W., ■ The Indian Student in College", The Journal' Bf
Educational Sociology, vol. 33. pp. 333-335. Mar. I960.
10. McKinley, Francis, "Who Should Control Indian Education? Research
Report, Far West Laboratory, Berkeley, Feb. 1970, p. 14.
11. Mooney, Ross L., The Mooney Problem Checklist Manaal. The Psychological
Corporation, New York, 1950, p. 5«
12. Nix, Lonnie Elmer, "Promotion of Higher Education Within Arizona
Indian Groups", Ed. D. Thesis, Arizona State University,
June 1963.
13. Quillen, J., James, "Problems and Prospects", Education and Culture.
Holt, New York, 1963, p. 49.
14. Quimby, Robert Joseph, "American Indian Students In irizona Collegesi
A Discriminant Analysis of Select Variables That Contribute
To Success and Failure", Ed. D. Thesis, Arizona State University,
Feb. 1963.
15* Richardson, Boyce, "Indians Move To Control Own Education",
Montreal Star, Jan. 2, 1971, p. 17.
EXHIBIT NO. 11
STATE OF ARIZONA
. 30th LEGISLATURE
2nd REGULAR SESSION
SENATE
S.B. 1021
INTRODUCED
January 11, 1972
HEFE HENCE TITLE: Indian Affairs Commission
Pre-FUing Date: November 23. 1971
Referred to
Date
Reported Out
Rules
"-
r**t to Governor
A /-tin*
Introduced by Majority of Committee on State, County and Municipal Affairs
AN ACT
MING TO STATE GOVERNMENT; PROVIDING FOR AN INCREASE IN MEMBERS OF INDIAN
1 AFFAIRS COMMISSION; PRESCRIBING THE COMMISSION AS THE SOLE AND OFFICIAL
AGENCY IN INDIAN AFFAIRS; PRESCRIBING POWERS AND DUTIES, AND AMENDING
SECTIONS 41-541 AND 41-542, ARIZONA REVISED STATUTES.
Be 1t enacted by the Legislature of the State of Arizona:
Section 1. Section 41-541, Arizona Revised Statutes, Is amended
to read:
41-541. Commission of Indian affairs; members; officers; voting;
meetings; compensation
A. The Arizona commission of Indian affairs shall consist of the
governor, the superintendent of public instruction, the director of
public health and the attorney general, who shall be ex officio members,
and seven NINE members appointed by the governor, two at large who shall
be non- Indian, and #4ve SEVEN from among the Indian tribes. Each tribe
or tribal council may submit the names of not to exceed two members of
Its tribe, and from the names so submitted, the governor shall appoint
the five SEVEN Indian members.
B. The term of office of each appointive memoer snail be three
years. The terms of twe THREE appointive members shall expire on the first
Monday in January each year. v-exeept-that-eR-the-trti»at-Men'Jay-4n-JaRtfai'y
•#-each-4hird-year>T-thfl-tfiiniifi-e#-thi'ee-iMmbeFS-cha)T-eMpTr*e* Each member
(419)
420
EXHIBIT NO. 11 {Continued)
SB. 1021
1. shall hold office until his successor 1s appointed and qualifies. Ap-
2 polntment to fill a vacancy caused otherwise than by expiration of a term
3 shall be for the unexpired portion thereof.
4 C. Members of the commission serving by virtue of their office
5 shall serve without compensation. Appointed members shall receive com-
6 pensation as determined pursuant to section 38-611 for each day of atten-
7 dance upon meetings.
3 D. The commission shall elect a chairman and a vice chairman, who
9 shall be appointive members, and adopt rules and regulations for
10 the conduct of meetings. A record shall be kept of all proceedings and
11 transactions.
12 E. The commission shall meet at least twice each year at such times
13 and places as 1t determines, and may hold meetings upon the call of the
14 chairman. A majority of the appointed members of the commission shall
15 constitute a quorum for the transaction of business, but ex officio mem-
16 bers may vote. Members who fail to attend three consecutive meetings shall
17 be deemed to have resigned but the commission may for good cause grant
18 leaves of absence to its members.
19 F. THE COMMISSION HAS THE POUER TO APPLY FOR, ACCEPT, RECEIVE AND
20 EXPEND PUBLIC AND PRIVATE GIFTS OR GRANTS OF MONEY OR PROPERTY UPON SUCH
21 TERMS AND CONDITIONS AS MAY BE IMPOSED BY THE DONOR AND FOR ANY PURPOSE
21 PROVIDED _F0R BY THIS ARTICLE.
23 Sec. 2. Section 41-542, Arizona Revised Statutes, 1s amended to
24 read:
25 41-542. Powers and duties; studies and hearings; cooperation
26 between federal, state and local agencies; reports
27 A. The commission shall consider and study conditions among Indians
28 residing within the state. The studies shall be made to accumulate, com-
29 pile and assemble information on any phase of Indian affairs. For such
30 purpose the conmission may hold hearings, make investigations, and confer
31 with officials of local, state and federal agencies in order to secure
32 cooperation between the federal, state and local governments 1n the pro-
33 motion of the welfare of the Indian people.
-2-
421
EXHIBIT NO. 11 {Continued)
1021
B. The commission shall make a written annual report, giving an
account of Its proceedings, transactions, findings and recommendations
to the governor and the legislature, and shall from time to time submit
such other reports as may be necessary.
C. THE COMMISSIMJWJNITjATE_JR_ASSIST PROGRAMS ON A RESERVA-
TION ONLY UPON THE REQUEST OF OR WITH THE APPROVAL OFJTHE TRIBAL COUNCIL
FORSUCHjRESERVATION.
Sec. 3. Initial terms of additional members
Of the two additional members of the Indian affairs commission au-
thorized by this act, one shall be appointed to serve an Initial term
expiring on the first Monday of January, 1973, and one shall be appointee
to serve an Initial term expiring on the first Monday of January, 1974.
Thereafter, all subsequent appointments shall be for a term of three
years.
-3-
422
EXHIBIT NO. 11(A)
'•'"
MAP
n&nn ki
I
it
423
EXHIBIT NO. 11(A) (Continued)
The Honorable Jack Williams
Governor of Arizona
State Capitol Building
Phoenix, Arizona 85007
Dear Governor Williams :
In accordance with the provisions of Article 4, Title
41-542 of the Arizona Revised Statutes, I am submitting the
1971-1972 Annual Report for the Arizona Commission Of Indian
Affairs.
The problems confronting Arizona Indians in attaining a
place of social, economic and political equality with other
citizens of this state and nation are complex and will take
both time and patience to solve. The members of the Commis-
sion recognize and accept the responsibility which has been
entrusted to them to contribute to the solutions of these
problems .
We hope that the information contained In this report
will prove to be encouraging and helpful as you evaluate the
progress being made by the Commission in its program of co-
operation with state and federal agencies, tribal councils,
legislators and others in developing harmonious working re-
lationships and trust.
Sincerely yours,
/2.
BILL ALCAIDA • Chairman
BA:CMF/dd
August 8, 1972
424
EXHIBIT NO. 11(A) {Continued)
FOREWORD
The Arizona Commission of Indian Affair* was established
by Che Arizona Legislature in 1953 and !• operative under
Arizona Revised Statutes Article 4, Titles 41-541 and 41-
542. The primary purpose of the Commission has been to y
study conditions among Indians residing within the State.
The Commission serves as the official link between
the unique tribal autonomies and the state government, its *
legislature and elected officials*
A very important area of our responsibility has been
to improve communications, understanding and working re-
lationships between all concerned and we have dellgently
been working to this extent.
Another of our goals, is to promote understanding and
fellowship In the area of Indian affairs as well as cooperate
and assist the tribes in developing self-determination.
The tribal people have come along way in relatively a
short time, however, an educational program la essential to
educate the non-Indians to respect and learn from others-
wEo— a£ft culturally unalike. With your assistance and our'e,
this can and will be accomplished.
425
EXHIBIT NO. 11(A) {Continued)
TABLE OP CONTENTS
Letter of Transmittal— - — — — — ——— — — ———— — — 1
Foreword-------- - -------- —————— — — ————— — 2
Table of Contents----- —— -------------------------------- 3
Population and Acreage of Arizona Reservations 4
Map 5
Commission Membership--------------------------------- 6
Advisory Committees and consultants— --------------------- 7-8
Commission Meetings- 9
Projects Completed- —--—--—--———— 10 - 11
Published Materials Distributed 11
Commission Highlights.- — 12 - 15
Budget- 16
Special Feature: Reservation Profile of Ak-Chln 17 - 19
Appendix: Senate Bill 1021 - Commission's Enabling Legis.- 20 - 21
Summary— ------———-•——————--— ---------------- 22
426
EXHIBIT NO. 11 {A) (Continued)
POPULATION AND ACREAGE OP ARIZONA RESERVATIONS
RESERVATION
CLASSIFICATION
POPULATION
ACREAGE
Ak-Chin
Papago
258
21,840
Camp Verde
Yavapai -Apache
693
640
Cocopah
Cocopah
441
528
Colorado River
Mohave -Chema hue vl
2,072
264,091
Port Apache
Apache
6,500
1,664,872
Port McDowell
Yavapai
345
24,680
Gila River
PI nu -Maricopa
8,321
371,933
Havasupal
Havasupal
370
3,058
Hopl
Hopl
6,423
2,472,254
Hualapal
Hualapal
969
993,173
Kalbab-Palute
Palute
150
120,413
Navajo
Navajo
71,396
8,969,248
Papago
Papago
7,073
2,773,357
Salt River
Pima -Maricopa
2,470
46,624
San Carlos
Apache
4,772
1,877,216
Yavapai -Pre sc ott
Yavapai
105
112,358
1.558
19,605,485
NOTE: The figures were supplied through the courtesy of the Bureau
of Indian Affairs and do not Include the thousands of off -
reservation members of tribes.
The Navajo population Is for Arizona only.
427
EXHIBIT NO. 11(A) (Continued)
■ o ■ o a
INDIAN RESERVATION AREAS
ARIZONA
HELATEO FEATURES OF INTEREST
tUftCAU OF (NOIAN i
I RESERVATIONS
428
EXHIBIT NO. 11(A) (Continued)
COMMISSION MEMBERSHIP
INDIAN MEMBERS
BILL ALCAIDA (Chairman) — CHEMEHUEVI
HAROLD SCHURZ (Vice -Chairman) —PIMA
WEST ANDERSON -APACHE
EARL ADAMS - HOP!
THEODORE SMITH - APACHE
NON-INDIAN MEMBERS AT LARGE
WILLIAM SMITH TUCSON
JOHN SMART - - PRESCOTT
EX -OFFICIO MEMBERS
JACK WILLIAMS - - -GOVERNOR
GARY NELSON ATTORNEY GENERAL
WELDON SHOFSTALL - SUPT. OF PUBLIC INSTRUCTION
LOUIS KOSSUTH - ~ COMUSSIONER - STATE HEALTH DEPT.
OFFICE STAFF
CLINTON M. PATTEA -- EXECUTIVE SECRETARY
TONY MACHUKAY FIELD COORDINATOR
DIANE DANKERL SBCRETARY
ALBERTA ORTIZ CLERK-STENO
ARIZONA COMMISSION OF INDIAN AFFAIRS
1623 West Adams - Phoenix, Arizona
(85007)
NOTE: March 1972, Mrs. Leona Kakar (Ak-Chin) and Mr. Daniel Peaches
(Navajo) were appointed at the term experations of Mr. Schurz and
Mr. Theodore Smith.
429
EXHIBIT XO. 11{A) {Continued)
COMMISSION COMMITTEES /CONSULTANTS
TRIBAL ADVISORS
RESERVATION
Mr. Francis Antone ------- -- — Ak-Chin
Mr. Vincent Randall- — --—-————— -Camp Verde
Mr, Robert San Barley — Cocopah
Mr. Adrian Fisher — — — —Colorado River
Mr. Fred Banashley — - — -Fort Apache
Mr, Robert Doka --Fort McDowell
Mr. Alexander Lewis Gila River
Mr. Alfred Hanna — Havasupai
Mr, Clarence Hamilton—-- — ------------------Hopi
Mr. Benedict Beecher- Hualapai
Mr. Bill Tom — — — — — — Kaibab-Paiute
Mr, Peter MecDonald- — — Navajo
Mr. Augustine Lopez---------------------------- — — —Papago
Mr. Paul Smith Salt River
Mr, Marvin Mull San Carlos
Mr. Donald Mitchell Yavapai -Prescott
ANTHROPOLOGY CONSULTANTS
Dr. Charles Griffith, Dept. of Anthropology, N.A.U., Flagstaff
Dr. Emil Haury, Dept. of Anthropology, U. of A., Tucson
Mr 8. D. Spencer Hatch, Resource Consultant, Tucson
ECONOMIC CONSULTANTS
Mr. Robert Worden, Director, Arizona Economic & Development
Mr. 0. 2. Whelan, Industrial Development Specialist, B.I .A.
EMPLOYMENT CONSULTANTS
Mr. Charles Boyle, Administrator, Arizona State Employment Service
Mr. James Gilbert, Area Employment Assistance Officer, B.I.A.
HEALTH CONSULTANTS
Dr. Louis Kossuth, Commissioner, Arizona Health Department
Dr. Charles McCammon, Indian Health Area Director, U.S. Public Health
LAND CLAIMS CONSULTANT
Mr. C. M. Wright, Attorney at Law, Tucson
MINING CONSULTANTS
Mr. John Jett, Director, Arizona Mineral Resources Dept.
Mr. LaFollette Butler, Realty Officer (Mineral Specialist), B.I.A.
430
EXHIBIT NO. 11(A) {Continued)
LAW AND ORDER CONSULTANTS
Col. James J. Hegarty, Director, Arizona Dept. of Public Safety
Mr. William Wilson, Area Criminal Investigator, B.X.A.
ROAD CONSULTANTS
Mr. Justin Herman, Director, Arizona Highway Department
Mr. George Over by, Area Road Engineer, B.I. A,
WELFARE CONSULTANTS
Mr. John 0. Graham, Commissioner, Arizona State Welfare Department
Mr. Byron Houseknecht, Area Social Worker (Navajo Area), B.I.A.
EDUCATION STEERING COMMITTEE
Mr. Jemss Frederick, Coordinator of Indian Programs, N.A.U.
Mr. Gordon Krutz, Coordinator of Indian Programs, U. of A.
Mr. Ray Sorenson, Assistant Area Director (Education), B.I.A.
Dr. Harry Sundwall , Director, Center for Indian Education, A.S.U.
(Vacancy - State Dept. of Public Instruction)
PUBLIC RELATIONS ADVISORY COMMITTEE
Mr. Herbert Surrett (Chairman) - Manager, United Press International
Mr. Bill Stull (Secretary) - News Production Director, KTAR Radio-TV
Mr. Duncan Jennings, President, Jennings & Thompson Advertising
Mr. Edwin McDowell, Editorial Writer, Arizona Republic
Dr. G. D. McGrath, Arizona State University
Mr. Jim Murdock, Radio News Director, KOOL Radio & TV
RECREATION ADVISORY COMMITTEE
Miss Anne M. Plttman (Chairman) - Area Chairman, Womens' Physical
Education, A.S.U.
Prof. Leonard Roberts (Secretary) - Dept. of Health, Physical Educa-
tion, A.S.U.
Mr. Maurice Bateman, Supt . of Mesa Parks & Recreation, Mesa
Mr. Richard Nayateqa, Hop! Reservation
Mr. Martin Mahone, Hualapal Reservation
Mr. Lee Stanley, Director, Glendale Parks & Recreation
Mr. Graham Wright, State Leader, 4 - H Club Work, U. of A*
431
EXHIBIT NO. 11(A) (Continued)
COMMISSION MEETINGS
During this fiscal year, the Commission held a total of four
meetings as follows:
(1971)
August 20 Commission Business Meeting.
October 8 Commission Business Meeting.
(1972)
March 10 Special Business Meeting.
June 23 Commission Business Meeting.
Other Meetings Attended:
The Executive Secretary (and In some instances, the Commission
Chairman and/or Field Coordinator) attended tribal council meetings
upon invitation from the chairmen; affording the individual council
members an opportunity to ask questions and to have a better under-
standing of their Commission of Indian Affairs.
The office has been represented at various Indian-oriented
meetings such as: Inter-Tribal Council, U.S. Public Health Service
Advisory Board meetings, State Rural Development Committee meetings.
Recreation workshops, Personnel Commission meetings, Indian Develop-
ment District of Arizona meetings, Annual Health and Education con-
ferences, Phoenix Chamber of Commerce Indian Committee meetings, Old
Age conferences, Phoenix Indian Center, State Manpower Planning
meetings and conferences along with numerous others.
The Commission Is a member of the State Programming and Coordin-
ating Committee for Federal Programs administered by the Department
of Economic Planning & Development. All federally funded program
applications must go through the clearinghouse prior to approval In
an effort to maintain up-to-date funding figures and minimize dupli-
cations, etc.
- 9
432
EXHIBIT NO. 11(A) (Continued)
PROJECTS COMPLETED
Fiscal Year 1971 - 1972
#1 Annual Report (1971-1972).
#2 Tribal Directory 1972.
Summary: The Directory Is but one of the Commission's ways
to improve the Indian and non-Indian communication
area. The Directory has become one of the most
Important publications that the Commission compiles
for distribution, as it Is the only one of its kind.
#3 Senate Bill 1021 - Commission's Enabling Legislation
Summary: The Commission's intent was to improve the working
relationships and services to the Indian people and
the general public. The bill was formally intro-
duced by Senator O'Connor's committee. It passed
the senate successfully and all committees in the
house with the exception of rules - where it died.
The Commission will continue trying until we are
successful.
#4 Senate Bill 1068 - Economic Security Department
Summary: The Commission would have been included along
with seven other agencies In this department,
however, at the last moment prior to final pas-
sage, the Commission was deleted. This bill
was a major state reorganization measure.
#5 State Funds - Indian Services 1970-1971
Summary: We were asked by the Bureau of Indian Affairs to
obtain figures as to the amount of actual state
funds spent during the 1970-1971 fiscal year for
Indian services. These figures were compiled for
the Bureau.
#6 Federal Legislative Digest
Summary: This publication is compiled on an annual basis for
the legislators and Indian leaders to keep them
abreast of federal legislation currently pending or
acted upon affecting the Indian people of this state.
#7 Surplus Properties
Summary: With the Viet Nam war deescalatlon, there is a surplus
of government property and equipment. The Commis-
sion was contacted and asked to ascertain what the
reservations could use in the way of equipment. This
was accomplished and a report has been submitted to
the Four Corners' Regional Commission. We are awaiting
further direction,
- 10 -
433
EXHIBIT NO. 11(A) (Continued)
#8 Indian-Type Town Hall Meeting
Summary: Following a planning session, a personal survey
was conducted by Che office staff to ascertain
whether or not the tribal leaders would like to
have this type of a meeting whereby they would de-
cide on the subject (s) to be discussed and those
that shall be Invited to attend.
The survey revealed that a meeting was desired and
we are currently working very closely with the
Arizona Inter-Tribal Council, B.I. A., Wayne Evans
and the Governor's office towards this end.
#9 Kalbab-Paiute N.T.C. Slots
Summary: The Chairman of the Kaibab-Palute Tribe contacted
the Executive Secretary and asked that we assist
in seeking information relative to ten NYC slots
being deleted.
The Commission made numerous contacts with the
Council of Governments whereby communications were
opened and the slots restored.
PUBLISHED MATERIALS DISTRIBUTED
(1971)
July 12
August 6
August 12
September 8
September 15
September 20
September 21
October 20
October 21
December 1
(1972)
Current Commission Membership list.
Federal Legislative Digest.
Progress and Financial Reports.
Letter to Ed Heler - Commission's Position Paper S.B. 1068.
Commission's August 20, 1971 Business Meeting Minutes.
Commission's 1970-1971 Annual Report.
Rules & Regulations Committee Meeting Report relative to
our Enabling Legislation.
Commission's October 8, 1971 Business Meeting Minutes.
State Fair notice relative to admission tickets.
Indian-type Town Hall planning meeting materials.
January 19 Indian-type Town Hall planning meeting report.
March 1 Progress and Financial Reports.
March 23 Commission's March 10, 1972 Business Meeting Minutes.
March 28 Chart and material relative to S.B. 1068 Economic Security.
March 31 News releases relative to 2nd Annual Arizona Indian Manpower
Conference.
April 5 Latest Tribal Leadership mailing list.
April 17 The Cultural Dilemma of American Indians.
- 11
434
EXHIBIT NO. 11(A) (Continued)
COMMISSION HIGHLIGHTS
LEGISLATION:
Senate Bill 1021 - Senator O'Connor's Committee, State, County and
Municipal Affaire introduced the bill on January 11, 1972.
The primary purpose of the legislation was to enable the Commission
of Indian Affairs to operate more effectively by empowering it to apply
for, accept and receive public and private gifts or grants of money or
property upon such terms and conditions as may be imposed; initiate or
assist programs on reservations and Increase the Indian membership from
five to seven.
The legislation passed the Senate as written and all House commit-
tees with the exception of Rules, where it died.
For many years the Commission's hands have been tied due to re-
strictive legislation empowering the office to do liaison work, compile
and assemble information, etc.; for the first time, it appeared as if
the Commission could begin to embard on a more purposeful program in
assisting the Indian citizens of this state, however, since the bill
died In committee, we will again need to pursue this end until we are
successful. (See Appendix #1 for S.B. 1021)
Senate Bill 1068 - Senators Rottas, Corbett, Alexander, et al and
Representatives Thelander, McCune, McConnell, et al introduced this bill
January 12, 1972.
The purpose of the legislation was to establish a Department of
Economic Security to be administered by a Director, wherein seven
state agencies were to be reorganized under this department. The state
agencies were: State Department of Public Welfare, State Division of
Vocational Rehabilitation, Veterans' Service Commission, State Office
of Economic Opportunity, Apprenticeship Council, State Office of Man-
power Planning and the Commission of Indian Affairs.
The Commission's Chairman and staff attended numerous hearings
wherein the position was that the legislation as drafted, was not in
the best interest of the Indian people nor the Commission*
At the last hour prior to adjournment of the legislature, the
Commission of Indian Affairs was struck from the bill and a proposal
drafted to put the Commission directly under the Governor, however,
this measure died.
The Commission has since been advised that this would be the
procedure and within the next year or two we would be made a part
of the Governor's office.
Senate Bill 1068 did pass heavily amended (the Commission was
deleted)*
- 12 -
435
EXHIBIT NO. 11(A) (Continued)
COOPERATION WITH STATE FAIR DIRECTOR - INDIAN SECTION;
During the 1971 State Fair, the Commission cooperated very closely with
the State Fair Director relative to the Indian section of the Fair.
There had been dissatisfaction on the part of Indian people in
1970 regarding the procedure of charging Indians on Indian Day without
advance notice; possible ways to eleviate such a reoccurance was de-
veloped and the Commission became actively involved.
It was felt that it would be advantageous for the Commission to
assume the responsibilities of administering the Indian section of
the Fair, allowing direct Indian in-put.
The Commission sold admission tickets to Indian people during the
IS 71 State Fair. The office remained open on week-ends to enable the
Indian people to obtain tickets. Tickets were also distributed to larger
reservations for dissemination.
Total Ticket results: There were 8,131 adult tickets sold and 2,963
children tickets. Total money deposited with the Fair Commission for the
tickets was $6,697.
The Commission's Executive Secretary is working closely with the
Inter -Tribal Council on Indian participation for the Fair.
The theme for the 1972 State Fair will be Education. The tentative
plans are to do away with the present Indian building set up and possibly
divide it into equal spaces for the tribes to display exhibits, etc. de-
picting their culture and tribe.
The Commission is to work with the Fair Director and the new Indian
Section Superintendent in responding to the tribal leaders wishes.
The Indian Village will again be constructed depending on adequate
funding .
Indian involvement is essential to have aharmonious Indian Section
and it has been expressed by the Governor and Fair Director that the
Commission is the vehicle to encourage Indian participation.
SURPLUS PROPERTIES:
With the deescalation of the War in Viet Nam, the government has a sur-
plus of properties such as pipes, heavy equipment, duplicating machines,
etc.
After conferring with representatives of the governor's office and
Four Corners' Regional Commission, our office undertook a project to
ascertain what the various tribes could use in the way of surplus proper-
ties.
All reservations were contacted and twelve responded indicating
needs for specific items.
- 13 -
436
EXHIBIT NO. 11(A) (Continued)
The responses have been transmitted with a letter to the Four
Corners' Regional Commission and we are now awaiting further Instruction**
PARTICIPATION IN 18th ARIZONA TOWN HALL MEETING:
The Executive Secretary and Commission Chairman were invited to participate
in the 1971 Town Hall held at Castle Hot Springs to discuss Indian Rela-
tionships to the over-all state's structure.
The recommendations of the 18th Town Hall were that the State Legis-
lature provide legislation to make necessary changes to enable the Commis-
sion of Indian Affairs to accept and administer funds, to enable it to
contract for research projects, to furnish necessary funding.
The purposes and recommendations of the Town Hall were then dlBcuaaad
with the tribal leaders. A majority of the tribal leaders also felt that
the Commission should have more powers to be effective. (The Commission
then developed legislation enhancing our powers).
The office took a personal survey to determine whether or not the
tribes would like to have a similar type meeting whereby Indian people
would direct the entire meeting as to subject(s), participants, etc.
The answer was an overwhelming yes, therefore, we are working with the
Arizona Inter-Tribal Council, Wayne Evans, B.I.A. and the Governor's
office In bringing about such a meeting.
It appears as if the first meeting will be held with the legislators
in the area of interest to the tribes and the theme might be "Indian
Leadership Through Indian Initiative."
If this meeting is successful, the Commission may co-sponsor such a
conference on an annual basis.
APPOINTMENT OF COMMISSION MEMBERS;
In March 1972, we received confirmation from the governor's office that
Mrs. Leona Kakar (Ak-Chln) and Mr. Daniel Peaches (Navajo) had been
appointed to the Commission to fill the expired terms of Mr. Harold Schurz
(Salt River) and Mr. Theodore Smith (Camp Verde.)
Mr. William Smith (Tucson) was re-appointed for another term.
INTERCOM/72 ;
The Executive Secretary represented the Commission at a two-day training
workshop held in San Francisco and sponsored by the San Francisco
Regional Council IX.
The purpose of the workshop was to develop ways of producing effective
visual presentations.
- 14 -
437
EXHIBIT SO. 11(A) (Continued)
With Che Commission being authorized to purchase photographic equip-
ment to develop a slide library on Indian affairs, this type of workshop
proved to be very beneficial.
CERTIFICATES OF APPRECIATION;
The U. S. Department of Agriculture presented Mr. Pattea (Executive
Secretary) along with other members of the Arizona Rural Development
Committee a Certificate of Appreciation In recognition for the accomplish-
ments of the committee. This committee Is aimed at assisting Individual
citizens and local government officials by means of formal conferences,
consultations and technical assistance. To facilitate communities In
their efforts to Identify community goals and to pursue their goals.
The Phoenix Chamber of Commerce also presented Mr. Pattea a Certifi-
cate of Merit In appreciation for his services to the community as a member
of the Chamber's Indian Affairs Committee.
The Chamber appointed the members of the committee to assist them In
the ability to effectively be a spokesmen for the business community.
STATE CLEARINGHOUSE MEMBER:
The Executive Secret iry has actively participated as a member of the
State Programming and Coordinating Committee for federal programs.
The objectives of the committee are to encourage and assist state
and local governments in the coordination of programs and resources.
The State Clearinghouse was established and is being administered
by the State Department of Economic Planning & Development whereby appli-
cations for funding must clear and be approved by the participating mem-
bers of the committee. This is also to assist in determining the amount
of monies coming into the state and the purposes of same.
1972 TRIBAL DIRECTORY;
The Tribal Directory was printed and distributed, however, they were
in such demand that the supply was exhausted prior to everyone on our
mailing list receiving a copy. Approximately 1,040 were printed and
due to budget limitations, another printing is impossible.
15
438
EXHIBIT NO. 11(A) (Continued)
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439
EXHIBIT NO. 11(A) (Continued)
SPECIAL FEATURE: AK-CHIN PROFILE
HISTORY; The Ak-Chin Indian Reservation with administration offices in
Ak-Chin near Maricopa, Arizona, was established in 1912 for a small
Papago group which originally migrated from the Papago Reservation in
1874. The small band of Papagos from the now RaKa District of the Papago
Indian Reservation had at first settled and built their village around
Sacate Mountain which lies 10 miles north of the present Ak-Chin Indian
Reservation. A historian 1/ has noted that the reason why the original
band of about 120 Papago members decided to relocate was mainly for
agricultural purposes. These Papagos found that the area called "Ak-Chin"
meaning "mouth of the arroyo," was suitable for farming because of the
availability of natural water sources from seasonal floods and because
the drainage plains as a result of the wide flooding in the area was
adaptable for cultivation and production of crops. At a later date some
Plmas Joined the Papagos at Ak-Chin and this is the reason there are both
Papagos and Plmas on the Ak-Chin Community (tribal) roll, however, it is
dominant ly Papago.
During the "Normal" flood periods In 1910 and 1911, the small Ak-Chin
tribe was threatened with extinction because very little water from summer
rains had been realized. Having recognized this near-diaster of the
Ak-Chin people, the Federal government took action to prevent such occur-
ences by setting aside the Ak-Chin area as an Indian reservation and as
a part of U.S. trust lands. Immediately, thereafter, the government be-
gan to assist the newly-enfranclsed tribe with their economic development.
This development took form in the drilling of irrigation wells. To pro-
vide water for 625 acreas of farm lands, three electrically-operated wells
were drilled. Since then agriculture has been a mainstay of Ak-Chin
reservation Indians, supplemented by livestock raising and federal pro-
grams, along with jobs In the surrounding community.
TRIBAL GOVERNMENT: The governing body of the community is the Ak-Chin
Indian Community~Council consisting of a Chairman, Vice-Chairman and
three council members who receive extensive powers from the membership of
the community through the tribal election process. These general powers
exercised by the Ak-Chin Community Council subject only to U.S. Statutes
and Secretary of the Interior regulations. Some of these powers are:
representing the community in official negotiations, appointing of sub-
ordinates to the council, promotion and protection of health, peace,
morals, education, and general welfare of the Community, administration
of all community property, tribal budget approvals, selection of legal
counsel, community land assignments, assessment of the membership for
tribal projects and other purposes, control of community assets, main-
taining an up-to-date community tribal roll, and so forth 2/.
1/. Bertha Parkhurst, In a copy of Master's Thesis found at the Education
Materials Center, Sacaton, Arizona.
2/. Articles of Association of the Ak-Chin Indian Community Council was
approved on December 20, 1961.
- 17 -
440
EXHIBIT XO. 11(A) (Continued)
ECONOMIC DEVELOPMENT: From the original inhabitants of 120 Papagos,
the Ak-Chin Reservation population for 1972 is now an estimated 317.
Main family income is $2,700 which is reflected in the area of farm
wages only. While 11,000 acres are now being irrigated, it is expected
that future expansion for more land development will be curtailed due
to the serious drop in the level of underground water sources.
So far, in the past five years, only the rehabilitation and re-
organization of Ak -Chin's farm lands have taken place. It is possible
that in the next few years, a limited acreage of tribal lands will be
developed and preserved for upland game birds. Other resources develop-
ment must come from nearby industries. $742,000 E.D.A. grant for the
Ak-Chin Reservation has been approved for an industrial site through
I.D.D.A., South Central Planning area.
GAME AND WILDLIFE? The question, "Is hunting permissable on the Ak-Chin
Reservation" is often asked by non-Indian hunters. The answer is "yes"
for dove, quail, and rabbit hunting. The tribal government administrates,
regulates and cooperates with both Arizona and U.S. Fish and Game Depart-
ments in enforcing laws and preservation of wildlife. Permits are obtain-
able and further information is available through the Ak-Chin Tribal
Farms office. However, the possession of a state license is necessary
before tribal permits can be Issued to non-Indians.
LAW AND ORDER; Generally, the responsibility for law enforcement and
judicial power in local matters pertaining to violation of tribal codes
within the reservation boundaries, is retained by the tribe's police and
court systems. Other more serious matters affecting both Indian and
non-Indian are referred to the Federal courts, while the Pinal County
Sheriff's office by agreement with the tribal council, enforces all
criminal cases other than felonies on the Ak-Chin Reservation. 4/ Pre-
sently a juvenile detention center at Ak-Chin is under construction to
supplement the tribe's law and order program.
HEALTH : In matters of health, diabetes is considered to be a serious
health problem by the tribe. Also noted as health problems of concern
are: dental care, children's diseases, lack of health education, ex-
cessive drinking, and health conditions arising out of accidents related
to alcohol. Public Health Service records Indicate that the leading
causes of morbidity has been diabetes and respiratory diseases. Medical
care for Ak-Chin people Is available at the hospital In Sacaton and at
the Phoenix Indian Medical Center In Phoenix. Regular visits to the
Ak-Chin Community are made by a Public Health Nurse. Unlike many Isolated
Indian communities, visits to hospital and dental clinics, and special
emergency transportation is provided by the tribe on a 24-hour basis.
EDUCATION s Approximately 76 children Including 17 high school students
attend public schools in nearby Maricopa. Primary education for pre-
school, kindergarten, first, and second grade youngsters is carried out
1/. Extracted from a Phoenix Area B.I.A. report on the Ak-Chin Tribe,
pp. 45 & 46,
If . Law and Order Code, Ak-Chin Indian Community, 1970.
- 18 -
441
EXHIBIT XO. 11(A) (Continued)
at the Ak-Chln Community Facility. It is reported by tribal officials
that four students have enrolled at Federal boarding schools, while four
Ak-Chln residents will be entering college this year. Additionally,
adult basic education classes and extension courses have been initiated
to provide the kinds of education courses requested by the tribe. Funds
are also available for any enrolled member of Ak-Chln to attend college
on a full-time basis.
There is no question that the tribe will continue to develop, Increase,
and strengthen its educational level relative to state requirements in the
years ahead; as with many other tribes, this has been one of the tribe's
primary goals .
SOCIAL ACTIVITIES AND CULTURE; On a community-wide basis, two of the
biggest social and recreational events that take place annually at Ak-Chin
are the October 4th St. Francis Church Feast Day and the tribal election
held in conjunction with a large barbecue sponsored by the tribe on the
2nd Saturday of January. Other gatherings of the tribe are also drawn
together at nearby Indian reservations and cities for dances, festivals,
sporting events, rodeos, barbecues, church socials and other recreational
past times.
As the authors of "OUR BROTHER'S KEEPER" have pointed out (p. 185)
"The Indian accepts the inevitability of change for it is the one con-
stant he has known." In this sense, it can hardly be concluded that the
culture of the tribe Is "dying out", only changing, since much of the
history and traditional ways of the Ak-Chln people is retained within the
native songs and language, and still remembered by elders of the tribe.
Hopefully, the cultural change will be a tribal effort for the better,
HOUSING : Total houses on Reservation 38. Adequate houses 30 with 5 to
be constructed by 1972. Community has own housing program. Houses built
with profits from tribal farm.
EMPLOYMENT; Total labor force is 66 consisting of 42 males and 24 females.
Total employed is 66 (42 male and 24 female). There are 52 permanently
employed and 14 temporarily employed. Almost all employment is with the
tribal farm.
442
EXHIBIT NO. 11(A) (Continued)
APPBNDIX#1
(Action: Died in House Rules)
Senate Bill 1021 Introduced January 11, 1972 by Majority of Committee
on State, County and Municipal Affairs.
AN ACT
RELATING TO STATE GOVERNMENT; PROVIDING FOR AN INCREASE IN MEMBERS OF
INDIAN AFFAIRS COMMISSION; PRESCRIBING THE COMMISSION AS THE SOLE AND
OFFICIAL AGENCY IN INDIAN AFFAIRS; PRESCRIBING POWERS AND DUTIES, AND
AMENDING SECTIONS 41-541 AND 41-542, ARIZONA REVISED STATUTES.
Be it enacted by the Legislature of the State of Arizona:
Section 1, Section 41-541, Arizona Revised Statutes, is amended to read:
41-541. Commission of Indian Affairs; members; officers; voting; meetings;
compensation.
A. The Arizona Commission of Indian Affairs shall consist of the governor,
the superintendent of public instruction, the director of public health
and the attorney general, who shall be ex officio members and five SEVEN
from among the Indian tribes. Each tribe or tribal council may submit the
names of not to exceed two members of its tribe and from the names so
submitted, the governor shall appoint the five SEVEN Indian members.
B. The term of office of each appointive member shall be three years.
The terms of ewe THREE appointive members shall expire on the first
Monday in January each year.r-exeepfe-ehae-en-ehe-f*Pse-Menday-iit-Januavy
ef-eaeh-fehivd-yearr-ehe-eerms-ef-ehree-members-shall-expirev Each member
shall hold office until his successor is appointed and qualifies. Appoint-
ment to fill a vacancy caused otherwise than by expiration of a term
shall be for the unexpired portion thereof.
C. Members of the commission serving by virtue of their office shall
serve without compensation. Appointed members shall receive compensation
as determined pursuant to section 48-611 for each day of attendance upon
meetings.
D. The commission shall elect a chairman and a vice-chairman, who shall
be appointive members, and adopt rules and regulations for the conduct of
meetings. A record shall be kept of all proceedings and transactions.
E. The commission shall meet at least twice each year at such times
and places as it determines, and may hold meetings upon the call of the
chairman. A majority of the appointed members of the commission shall
constitute a quorum for the transaction of business, but ex officio members
may vote. Members who fall to attend three consecutive meetings shall
be deemed to have resigned but the commission may for good cause grant
leaves of absence to its members.
- 20
443
EXHIBIT XO. 11(A) (Continued)
P. THE COMMISSION HAS THE POWER TO APPLY FOR, ACCEPT, RECEIVE AND EXPEND
PUBLIC AND PRIVATE GIFTS OR GRANTS OF MONEY OR PROPERTY UPON SUCH TERMS
AND CONDITIONS AS MAY BE IMPOSED BY THE DONOR AND FOR ANY PURPOSE PROVIDED
FOR BY THIS ARTICLE.
Section 2. Section 41-542, Arizona Revised Statutes, is amended to read:
41-542. Powers and duties; studies and hearings; cooperation between
federal, state and local agencies; reports
A. The commission shall consider and study conditions among Indians
residing within the state. The studies shall be made to accumulate,
compile and assemble information on any phase of Indian affairs. For
such purpose the commission may hold hearings, make investigations, and
confer with officials of local, state and federal agencies in order to
secure cooperation between the federal, state and local governments in
the promotion of the welfare of the Indian people.
B. The commission shall make a written annual report, giving an account
of its proceedings, transactions, findings, and recommendations to the
governor and the legislature, and shall from time to time submit such
other reports as may be necessary.
C. THE COMMISSION MAY INITIATE OR ASSIST PROGRAMS ON A RESERVATION ONLY
UPON THE REQUEST OF OR WITH THE APPROVAL OF THE TRIBAL COUNCIL FOR SUCH
RESERVATION.
Section 3. Initial terms of additional members
Of the two additional members of the Indian affairs commission authorized
by this act, one shall be appointed to serve an initial term expiring on
the first Monday of January, 1973, and one shall be appointed to serve
an initial term expiring on the first Monday of January, 1974. Thereafter,
all subsequent appointments shall be for a term of three years.
------- — means delete
CAPS mean New
21
444
EXHIBIT NO. 11(A) (Continued)
SUMMATION
In submitting this Annual Report, the Arizona Commission of Indian
Affairs and the staff wishes to acknowledge the many individuals and
elected officials in all levels of government for contributing their
time to the progress and well-being of the Indian people of this State.
Our special appreciation goes to the tribal leaders and council members
of each of the reservations for their continued support.
The Commission realizes the complex difficulties in achieving
social and economic progress on Indian reservations. To obtain, im-
prove and understand these facts concerning their conditions, it was
necessary for the Commission staff to travel 35,238 miles on 141 reser-
vation trips and 2,399 miles to bordering communities and attending
Indian-oriented conferences.
The Executive Secretary and in several instances the Field Coordinator
and Commission Chairman, were invited to attend and participate in
council meetings wherein beneficial understanding on both sides was
achieved. This is part of an educational program to inform the tribal
leadership of the assistance the Commission can be in various areas and
in turn the reservation leaders are able to relay their desires and con-
cerns.
The Commission is grateful to the State Legislature for the backing
and the financing of our office. VJe are hopeful that a statutory
change In the near future of our enabling legislation will provide the
necessary powers and authority to achieve beneficial goals, thus allowing
us to move as rapidly as possible, keeping in mind that the Indian people
should and must be involved in determining their own destiny, yet
bearing in mind the needs and well-being of all citizens of this State.
Respectfully submitted,
@U*&3L>.^.
CLINTON M. PATTEA,
Executive Secretary
CMP/dd
22
445
EXHIBIT NO. 11(B)
PROFOSED LEGISLATION - 1973
41-1401. Civil rights division; advisory board; terms;
vacancies; organization; quorum; compensation
A. There is created the civil rights division within the
department of law which shall include the Arizona civil rights
advisory board. The board shall be composed of seven members
who shall be appointed by the governor with the advice and
consent of the senate. Not more than four of the members shall
at any one time be of the same political party. Each member
shall serve for a term of three years. Of the members of the
board first appointed two shall be appointed for terms ending
January 31, 1966, two for terms ending January 31, 1967, and
three for terms ending January 31, 1968.
B. Appointment to fill a vacancy resulting other than from
expiration of terms shall be for the unexpired term only. An
appointee to an unexpired term shall be a member in good
standing until the senate convenes and confirms or denies con-
firmation of the appointment. If the appointment is confirmed
the appointee shall serve the remainder of the unexpired term.
An appointment to fill a vacancy shall be subject to the same
limitation with respect to party affiliations as the original
appointment.
C. The board shall elect from its membership a chairman and
vice chairman. The vice chairman shall act as chairman in the
absence or disability of the chairman, or in the event of a
vacancy in the office.
D. Four members of the board shall constitute a quorum,
except that if the chairman appoints a subcommittee of the
board in majority of the members of the subcommittee shall con-
stitute a quorum. The concurrence of four of the members when
in session as a board shall be the act of the board.
446
EXHIBIT NO. 11(B) (Continued)
1 E. Each member shall receive compensation as determined
2 pursuant to g 38-611 for each day in which he participates in
^ .neetings, but not to exceed one thousand dollars in any fiscal
year.
F. For the purposes of this chapter, "board" means the
Arizona civil rights advisory board and "division" means the
civil rights division within the department of law.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
41-1402. POWERS AND DUTIES OF THE DIVISION
A. The division may:
1. Employ an executive director for the board and other
necessary personnel whose compensation shall be as determined
4
5
6
7
8
9
10
11
12
13
-. pursuant to § 38-611.
15 2. Subject to the provisions and restrictions of this
16 chapter, cooperate with and enter into agreements with the
17 United States equal employment opportunity commission, and
carry out and perform the covenants and conditions of any
written agreement.
3. Waive jurisdiction in such cases where the division
determines that compliance cannot be obtained under the pro-
visions of this chapter.
B. The division shall:
1. After studying recommendations of the civil rights
advisory board, adopt, promulgate, amend and rescind rules and
regulations which are reasonable and necessary to carry out the
provisions of this chapter.
2. Administer the provisions of this chapter and direct
the board or a subcommittee thereof consisting of two or more
(2)
447
EXHIBIT XO. 11(B) (Continued)
members, at least one of whom shall be of each major
political party, to mediate and conciliate disputes with
respect to discrimination when its jurisdiction is sought.
3. Make periodic surveys of the existence and effect of
discrimination because of race, color, religion, sex, national
origin or ancestry in the enjoyment of civil rights by any
•person within the state as prescribed by this chapter.
4. Report from time to time, but not less than once a
year in December, to the legislature and the governor, describing
its activities and accomplishments during the year, and shall
file with them a copy of all recommendations of the division
-as to additional remedial action by legislative enactment or
otherwise.
5. Foster, through community effort, in cooperation with
'both public and private groups, the elimination of discrimination
based on race, color, religion, sex, national origin or ancestry.
6. Issue publications of results of studies, investiga-
tions and research as in its judgement will tend to promote
good will and the elimination of discrimination based on race,
color, religion, sex, national origin or ancestry.
7. Furnish persons subject to the provisions of this
chapter such assistance as may be reasonably necessary to
^further compliance with the provisions of this chapter.
14-1403. INVESTIGATORY POWERS OF THE DIVISION, POWER OF
SUBPOENA, TESTING OATHS TESTi|1 C\hY A \v 0 0-4 t^S
C cv* T€T^ TS/fcaGHT To counsel »
A. THE DIVISION OR ITS DULY AUTHORIZED EMPLOYEES SHALL AT
ALL REASONABLE TIMES HAVE ACCESS TO, FOR THE PURPOSE OF
EXAMINATION, AND THE RIGHT TO COPY ANY EVIDENCE OF ANY PERSON
(3)
448
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J2
EXHIBIT XO. ll\li) {Continued)
BEING INVESTIGATED OR PROCEEDED AGAINST THAT RELATES TO ANY
MATTER UNDER INVESTIGATION OR IN QUESTION. THE DIVISION SHALL
HAVE THE AUTHORITY TO ISSUE SUBPOENAS REQUIRING THE ATTENDANCE
AND TESTIMONY OF WITNESSES OR ITS PRODUCTION OF ANY EVIDENCE
WHICH RELATE TO ANY MATTER UNDER INVESTIGATION OR IN QUESTION.
B. The division may subpoena witnesses at hearings and compel
their attendance, administer oaths, take the testimony of any
person under oath and require the production for examination
of books and papers relating to any matter before the division.
Failure to obey a subpoena issued pursuant to this article shall
constitute a contempt punishable upon application of the
division by the superior caurt.
C. Any person appearing before the division shall have the
right to be represented by counsel.
ARTICLE 2. VOTING RIGHTS
41-1421. Voting rights
A citizen of the United States who is a resident of the state
of Arizona and is qualified to become an elector as prescribed
by the terms of $ 16-101, and who is otherwise qualified by
law to vote at any election by or in the state, county, city,
town, school district or any other political subdivision, shall
be entitled and allowed to vote at all such elections without
discrimination because of race, color, religion, sex, national
origin or ancestry.
(4)
449
EXHIBIT XO. 1KB) {Continued)
ARTICLE 3. PUBLIC ACCOMMODATIONS
41-1441. Definitions
In this article, unless the context otherwise requires:
1. "Person" means an individual, corporation, partner-
ship, unincorporated association, or other organization, and
includes the owner, lessee, operator, proprietor, manager,
superintendent, agent, or employee of any place of public
accommodation.
2. "Places of public accommodation" means all public
places of entertainment, amusement or recreation, all public
places where food or beverages are sold for consumption on
the premises, all public places which are conducted for the
lodging of transients or for the benefit, use or accommodation
of those seeking health or recreation and all establishments
which cater or offer its services, facilities or goods to or
solicits patronage from the members of the general public.
Any residential house, or residence in which less than five
rooms are rented, or any private club, or any place which is
in its nature distinctly private is not a place of public
accommodat ion .
41-1442. Discrimination in places of public accommodation;
exceptions
A. Discrimination in places of public accommodation against
any person because of SEX, RELIGION, race, color, creed,
national origin or ancestry is contrary to the policy of this
state and shall be deemed unlawful.
B. No person shall, directly or indirectly, refuse to,
withhold from, or deny to any person, nor aid in or incite such
(5)
450
EXHIBIT NO. 11(B) (Continued)
* refusal to deny or withhold, accommodations, advantages,
facilities or privileges thereof because of SEX, RELIGION, race,
color, creed, national origin, or ancestry, nor shall dis-
tinction be made with respect to any person based on SEX,
RELIGION, race, color, creed, national origin, or ancestry in
connection with the price or quality of any item, goods or
3
4
5
6
7
g services offered by or at any place of public accommodation
g C. Any person under the influence of alcohol or narcotics,
10 or who is guilty of boisterous conduct, or who is of lewd or
*** immoral character, or who is physically violent, or who
violates any regulation of any place of public accommodation
that applies to all persons regardless of race, color, creed
national origin, or ancestry, may be excluded from any such
place or public accommodation and nothing in this article
shall be considered to limit the right to such exclusion.
12
tt
14
15
Iff
17
18
19
20
21
„ 1. "Employer" means a person who has Ewenfey FIFTEEN or
2j, more employees for each working day in each of twenty or more
24' calendar weeks in the current or preceding calendar year, and
25* any agent of such a person, but such term does not include a
bona fide private membership club (other than a labor organi
zation) which is exempt from federal taxation under section
501 (C) of title 26, United States Code. 1 The term shall
include the state and any political subdivision thereof.
ARTICLE 4. DISCRIMINATION IN EMPLOYMENT
41-1461. Definitions
In this article, unless the context otherwise requires:
26
27
22
29-
. 2. "Employment agency" means and includes both public
32 and private employment agencies and any person having-an-e££ tee
(6)
451
EXHIBIT NO. 11(B) (Continued)
regularly undertaking, with or without compensation, to procure
©pperttmities-te-workj -or- to -procure 7 -recruit 7 -refer -or -plaee
employees-?- EMPLOYEES FOR AN EMPLOYER OR TO PROCURE FOR
EMPLOYEES OPPORTUNITIES TO WORK FOR AN EMPLOYER AND INCLUDES
AN AGENT OF SUCH PERSON.
3. "Labor organization" means and includes any organi-
zation or labor union, craft union, or such organization
conducting a hiring hall which engages in the hiring of
employees, or any voluntary unincorporated association
designed to further the cause of the rights of union labor
which is constituted for the purpose in whole or in part of
collective bargaining or of dealing with employers concerning
grievances, terms or conditions of employment, or apprentice-
ships or applications for apprenticeships, or of other mutual
aid or protection in connection with employment, including
apprentice's jobs or application for apprenticeships.
4. "Person" means and includes one or more individuals,
THE STATE, ITS AGENCIES, BOARDS AND COMMISSIONS, POLITICAL
SUBDIVISIONS OF THE STATE, COUNTIES AND CITIES, partnerships,
associations or corporations, legal representatives; trustees,
receivers, or other organized groups of persons.
5. "EMPLOYEE" MEANS AN INDIVIDUAL EMPLOYED BY AN
EMPLOYER, EXCEPT THAT THE TERM "EMPLOYEE" SHALL NOT INCLUDE
ANY PERSON ELECTED TO PUBLIC OFFICE IN THE STATE OR POLITICAL
SUBDIVISIONS THEREOF BY THE QUALIFIED VOTERS THEREOF, OR ANY
PERSON CHOSEN BY SUCH OFFICER TO BE ON SUCH OFFICER'S PERSONAL
STAFF, OR AN APPOINTEE ON THE POLICYMAKING LEVEL OR AN
IMMEDIATE ADVISER WITH RESPECT TO THE EXERCISE OF THE
(7)
452
EXHIBIT NO. 11(B) (Continued)
1 CONSTITUTIONAL OR LEGAL POWERS OF THE OFFICE. THE EXEMPTION
SET FORTH IN THE PRECEDING SENTENCE SHALL NOT INCLUDE EMPLOYEES
SUBJECT TO THE MERIT SYSTEM LAWS OF THE STATE AND POLITICAL
SUBDIVISIONS THEREOF.
6. "RELIGION" INCLUDES ALL ASPECTS OF RELIGIOUS
OBSERVANCE AND PRACTICE, AS WELL AS BELIEF, UNLESS AN EMPLOYER
DEMONSTRATES THAT HE IS UNABLE TO REASONABLY ACCOMMODATE TO AN
9 EMPLOYEE'S OR PROSPECTIVE EMPLOYEE'S RELIGIOUS OBSERVANCE OR
10 PRACTICE WITHOUT UNDUE HARDSHIP ON THE CONDUCT OF THE EMPLOYER'S
11 BUSINESS.
12
23 41-1462. Discriminatory Practices
14 Unlawful discriminatory practices shall be:
15 l. For an employer, because of the race, sex, religious
creed, color, national origin or ancestry of any person, to
refuse to hire or employ him or to bar or to discharge from
employment such person, or to discriminate against such person
in compensation or in terms, conditions or privileges of
employment or TO LIMIT, SEGREGATE, OR CLASSIFY HIS EMPLOYEES
OR APPLICANTS FOR EMPLOYMENT IN ANY WAY WHICH WOULD DEPRIVE OR
TEND TO DEPRIVE ANY INDIVIDUAL OF EMPLOYMENT OPPORTUNITIES OR
OTHERWISE ADVERSELY AFFECT HIS STATUS AS AN EMPLOYEE, BECAUSE
OF SUCH INDIVIDUAL'S RACE, COLOR, RELIGION, SEX, OR NATIONAL
ORIGIN.
2. For a labor organization to EXCLUDE OR TO EXPEL FROM
ITS MEMBERSHIP, OR OTHERWISE TO DISCRIMINATE AGAINST, ANY
INDIVIDUAL BECAUSE OF HIS RACE, COLOR, RELIGION, SEX, OR
NATIONAL ORIGIN, OR TO LIMIT, SEGREGATE, OR CLASSIFY ITS
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31
32
(8)
453
EXHIBIT NO. 1KB) (Continued)
MEMBERSHIP, OR APPLICANTS FOR MEMBERSHIP OR TO CLASSIFY OR
FAIL OR REFUSE TO REFER FOR EMPLOYMENT AN INDIVIDUAL, IN ANY
WAY WHICH WOULD DEPRIVE OR TEND TO DEPRIVE ANY INDIVIDUAL OF
EMPLOYMENT OPPORTUNITIES CR WOULD LIMIT SUCH EMPLOYMENT
.OPPORTUNITIES, OR OTHERWISE ADVERSELY AFFECT HIS STATUS AS AN
EMPLOYEE OR AS AN APPLICANT FOR EMPLOYMENT, BECAUSE OF SUCH
INDIVIDUAL'S RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN,
OR TO CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO DISCRIMINATE
AGAINST AN INDIVIDUAL IN VIOLATION OF THIS SECTION.
3. For any employer, or employment agency, or LABOR
-ORGANIZATION to print or circulate , .or cause to be printed or
circulated, any publication, or to use any form of application
-for employment, or to make any inquiry in connection with
■prospective employment, which expresses directly or indirectly,
sany limitation, specification or discrimination, as to race,
color, religion, sex, national origin, or ancestry, or expresses
any intent to make any such limitation, specification or
-discrimination, except that such a notice or advertisement
may indicate a preference, limitation, specification, or
jdiscrimination based on religion, sex, national origin or
;ancestry when religion, sex, national origin or ancestry is
<a bona fide occupational qualification for employment.
4. For an employer, labor organization or employment
agency to discharge, expel or otherwise discriminate against
any person because he has opposed in a lawful manner any
practices forbidden under this chapter, or because he has
filed a complaint, testifies or assists in any proceeding
under this article.
(9)
454
EXHIBIT NO. 11(B) (Continued)
1 5. For any person to aid, abet, incite, compel or
2 coerce the doing of any of the acts forbidden under this
3 article or to attempt to do so.
6. For any person to cause or attempt to cause an
employer to discriminate against an individual in violation
of this article.
7. FOR ANY EMPLOYER, LABOR ORGANIZATION, OR JOINT LABOR -
MANAGEMENT COMMITTEE CONTROLLING APPRENTICESHIP OR OTHER
10 TRAINING OR RETRAINING, INCLUDING ON-THE-JOB TRAINING PROGRAMS
11 TO DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF HIS RACE,
12 COLOR, RELIGION, SEX, OR NATIONAL ORIGIN IN ADMISSION TO, OR
13 EMPLOYMENT IN, ANY PROGRAM ESTABLISHED TO PROVIDE APPRENTICE-
15
16 41-1463. Exempt Employment Practices
17 Notwithstanding any other provision of this article, it
shall not be an unlawful employment practice:
1. For an employer to hire and employ employees, for an
employment agency to classify or refer for employment any
individual, for a labor organization to classify its member-
ship or to classify or refer for employment any individual, or
18
19
20
21
22
23
24 for an employer, labor organization, or joint labor-management
25 committee controlling apprenticeship or other training or
26 retraining programs to admit or employ any individual in any
27 such program, on the basis of his religion, sex, ancestry or
national origin in those certain instances where religion, sex,
ancestry or national origin is a bona fide occupational quali-
fication reasonably necessary to the normal operation of that
particular business or enterprise.
(10)
455
EXHIBIT NO. 11(B) (Continued)
1 2. For a school, college, university, or other educa-
2 tional institution or institution of learning to hire and
employ employees of a particular religion if such school,
college, university, or other educational institution or
institution of learning is, in whole or in substantial part,
owned, supported, controlled, or managed by a particular
religion or by a particular religious corporation, association,
9 or society, or if the curriculum of such school, college,
10 university, or other educational institution or institution
11 of learning is directed toward the propagation of a particular
12 • religion.
3. For an employer to apply different standards of
compensation, or different terms, conditions, or privileges
of employment pursuant to a bona fide seniority or merit
system, or a system which measures earnings by quantity or
quality of production or to employees who work in different
locations, provided that such differences are not the result
of an intention to discriminate because of race, color, religion,
sex, ancestry or national origin, nor shall it be an unlawful
employment practice for an employer to give and to act upon
the results of any ability test, provided that such test, its
administration or action upon the results is not designed,
intended or used to discriminate because of race, color,
religion, sex, ancestry or national origin.
4. To include any action or measure taken by an
employer, labor organization, joint labor-management committee
or employment agency with respect to an individual who is a
member of the communist party of the United States or of any
13
14
15
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19
20
21
22
23
24
25
26
27
28
29
30
31
32
(11)
456
EXHIBIT NO. 11(B) (Continued)
1 other organization required to register as a communist-action or
2 communist -front organization by final order of the federal sub-
3 versive activities control board pursuant to the federal
* subversive activities control act of 1950. (1)
5. For an employer to fail or refuse to hire and employ
any individual for any position, for an employer to discharge
any individual from any position or for an employment agency
to fail or refuse to refer any individual for employment in
any position, or for a labor organization to fail or refuse
jj to refer any individual for employment in any position, if
12 the occupancy of such position, or access to the premises in
13 or upon which any part of the duties of such position is
" I performed or is to be performed, is subject to any require-
ment imposed in the interest of the national security of the
United States under any security program in effect pursuant
to or administered under any statute of the United States
or any executive order of the president if such individual
has not fulfilled or has ceased to fulfill that requirement.
15
16
17
18
19
20
21
22
23
24
__ or joint labor -management committee subject to this chapter
26 to grant preferential treatment to any individual or to any
27 group because of the race, color, religion, sex, ancestry or
national origin of such individual or group on account of an
imbalance which may exist with respect to the total number or
percentage of persons of any race, color, religion, sex,
ancestry or national origin employed by an employer, referred
41-1465. Interpretation Relating to Imbalance
The provisions of this article shall not be interpreted to
require any employer, employment agency, labor organization,
28
29
30
31
32
(12)
1
2
3
4
5
6
7
8
9
10
11
12
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14
IS
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26
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457
EXHIBIT NO. 11(B) (Continued)
or classified for employment by any employment agency or labor
organization, admitted to membership or classified by any
labor organization, or admitted to, or employed in, any
j apprenticeship or other training program, in comparison with
the total number or percentage of persons of such race, color,
religion, sex, ancestry or national origin in the state or any
community, section, or other area, or in the available work
force in the state or any community, section, or other area.
41-1466. Exempted Employment
This article shall not apply to AN EMPLOYER WITH RESPECT TO
THE EMPLOYMENT OF ALIENS OUTSIDE OF THE STATE OR a religious
corporation, association, EDUCATIONAL INSTITUTION or society
with respect to the employment of individuals of a particular
religion to perform work connected with the carrying on by such
corporation, association, EDUCATIONAL INSTITUTION or society
of its reiigieas activities, ©r-to-an-edaeationai-institution
wi th-respeet-6e -the -employment -te -per £©rm-w©rk-e©nnee ted -wi th
the -eduea t ienal -ae t ivi 6 tes-ef-saeh- institution.
ARTICLE 5. ENFORCEMENT PROCEDURES
41-1481. Complaint by person aggrieved; investigation;
hearing; finding; order; REMEDIES; CIVIL PENALTY:
ACTION BY ATTORNEY GENERAL
A. Any person claiming to be aggrieved by an alleged dis-
criminatory practice or act contrary to the provisions of this
chapter OR THE DIVISION may, within sixty-days ONE HUNDRED AND
EIGHTY DAYS from the date of the alleged practice or act,
file with the civil rights division of the department of law
a verified complaint in writing which shall state the name and
(13)
458
EXHIBIT NO. 11(B) (Continued)
1 address of the person alleged to have committed the practice
* or act complained of, the particulars of the alleged discrimi-
3
nation and such other information as may be required by the
division. After a complaint is filed and found to be in
proper order, the division shall make an investigation of the
charge .
B. If, upon investigation, the division determines that
9 there is reasonable cause to believe that the charge is true,
10 it shall endeavor to eliminate such alleged unlawful practice
11 through means of conference, conciliation and persuasion.
Nothing said or done during and as a part of such endeavors
may be made public by the division without the written consent
of the parties, or used as evidence in a subsequent proceeding.
Any officer or employee of the civil rights advisory board or
the division who shall make public any information in violation
of this section may be dismissed for cause.
19 C. If, upon investigation, the division finds that no
20 unlawful discriminatory practice or act has occurred, the
21 division shall notify the complaining party AND RESPONDENT in
writing of this fact. and- the -complaining -party-may-within
thirty -days -thereafter j-i i le -a -complaint -with -the -just see -e £
fe he -peaee -in- the -preeinet -where -the -alleged -discriminatory
praetiee-er-aet- occurred? -as -prescribed -by- the -provisions -of
seetion-22-311.
22
23
24
25
26
27
2g D. If, the division is unable to eliminate the discriminatory
29 practice through conference, conciliation or persuasion, it
30 shall issue and cause to be served upon the person complained
against a copy of the complaint filed with the division
31
32
(14)
459
EXHIBIT XO. 11(B) (Continued)
together with a notice of hearing before the board, or a
subcommittee thereof. The complaint and notice shall be
served on the party complained against at least five days
before the date of the hearing.
E. Upon completion of the hearing, the board shall make
recommendations to the division. The division shall, within
thirty days from the date the hearing is concluded, enter
an order setting forth its findings of fact and serve a copy
of such findings on all parties. If the division finds that
an unlawful discriminatory practice or act has been committed,
it shall serve upon the party found to have committed such
practice or act an order directing the party to cease and
.desist from such conduct OR PRACTICE; AND MAY FURTHER ORDER
REMEDIAL EQUITABLE RELIEF AS MAY BE APPROPRIATE. IN DIS-
CRIMINATORY EMPLOYMENT PRACTICE CASES RELIEF MAY INCLUDE BUT
IS NOT LIMITED TO HIRING AND REINSTATEMENT OF EMPLOYEES WITH
OR WITHOUT BACK PAY. ANY PERSON WHO HAS BEEN POUND BY THE
DIVISION TO HAVE VIOLATED ANY PROVISION OF THIS CHAPTER MAY
BE ASSESSED BY THE DIVISION A CIVIL PENALTY UP TO $10,000 PER
VIOLATION. THE CIVIL PENALTY ASSESSED SHALL BE PAID INTO THE
GENERAL FUND. ,
F. WHENEVER A COMPLAINT IS FILED WITH THE DIVISION AND THE
DIVISION CONCLUDES ON THE BASIS OF A PRELIMINARY INVESTIGATION
THAT PROMPT JUDICIAL ACTION IS NECESSARY TO CARRY OUT THE
PURPOSES OF THIS CHAPTER OR TO PREVENT ITS FRUSTRATION, THE
DIVISION MAY BRING AN ACTION FOR APPROPRIATE TEMPORARY OR
EQUITABLE RELIEF PENDING FINAL DISPOSITION OF THE COMPLAINT.
ANY TEMPORARY RESTRAINING ORDER OR OTHER ORDER GRANTING
(15)
460
EXHIBIT NO. 11(B) (Continued)
1 | PRELIMINARY OR TEMPORARY RELIEF SHALL BE ISSUED IN ACCORDANCE
2 WITH RULE 65 OF THE ARIZONA RULES OF CIVIL PROCEDURE. IT
3 U SHALL BE THE DUTY OF THE SUPERIOR COURT TO ASSIGN THE CASE FOR
HEARING AT THE EARLIEST PRACTICAL DATE AND TO CAUSE SUCH CASE
TO BE IN EVERY WAY EXPEDITED.
G. THE SUPERIOR COURT SHALL HAVE JURISDICTION OF ACTIONS
BROUGHT UNDER THIS CHAPTER.
4
5
6
7
8
„ H. IN ANY CASE IN WHICH A PERSON, EMPLOYER, EMPLOYMENT
10 AGENCY, OR LABOR UNION FAILS TO COMPLY WITH AN ORDER OF THE
11 DIVISION, THE DIVISION MAY COMMENCE PROCEEDINGS IN THE
12 SUPERIOR COURT TO COMPEL COMPLIANCE WITH SUCH ORDER.
I. WHENEVER THE DIVISION HAS REASONABLE CAUSE TO BELIEVE
THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN A PATTERN
OR PRACTICE OR RESISTANCE TO THE FULL ENJOYMENT OF ANY OF THE
RIGHTS SECURED BY THIS CHAPTER AND THAT THE PATTERN OR PRACTICE
IS OF SUCH A NATURE AND IS INTENDED TO DENY THE FULL EXERCISE
13
14
15
16
17
18
19 OF THE RIGHTS HEREIN DESCRIBED, THE DIVISION MAY BRING A CIVIL
20 ACTION IN THE SUPERIOR COURT BY FILING WITH IT A COMPLAINT
21 (1) SIGNED BY THE ATTORNEY GENERAL, (2) SETTING FORTH FACTS
PERTAINING TO SUCH PATTERN OR PRACTICE, AND (3) REQUESTING
SUCH RELIEF, INCLUDING AN APPLICATION FOR A PERMANENT OR
TEMPORARY INJUNCTION, RESTRAINING ORDER OR OTHER ORDER AGAINST
THE PERSON OR PERSONS RESPONSIBLE FOR SUCH PATTERN OR PRACTICE,
AS HE DEEMS NECESSARY TO INSURE THE FULL ENJOYMENT OF THE RIGHTS
HEREIN DESCRIBED. ANY PERSON WHO HAS BEEN FOUND BY THE COURT
TO HAVE VIOLATED THIS SECTION MAY BE ASSESSED A CIVIL PENALTY
30 | NOT TO EXCEED $10,000. THE CIVIL PENALTY ASSESSED SHALL BE
31 PAID INTO THE GENERAL FUND OF THE STATE.
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24
25
26
27
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32
(16)
461
EXHIBIT NO. 11(B) (Continued)
1 41-1482. SUBSEQyENT-VIGfcATI9Nr-6QMPkAINTf -PENALTY
* A. Upon -the-fil:rng -or-a-eomptairrt-against -a -person -who -has-
previously -been -served -with -a -cease -and -desist- -order -the
commission -shall -immediately -investigate -the -charge.
B. if- -upon -rrrvestrgatrorr - -it -determines -that -there -is
probable -cause -to -believe -that -a -discriminatory -practice -or
act -has -occurred "it -shall -issue -and -cause -to -be -served -upon
9 the -person -complained -agains t -a -copy -of -the -complaint -filed
10 with -the -commission -together-with -a -notice -of -hearing -before
11 the -commission r~ "The -notice -shall -specify -the -date j- time,
and -place -of -the-hearing -and -in -no -event -shall -the -date
specified -be -less -than -ten -nor -more -than -twenty -days -from -the
date -of -issuance -thereof r- -The -complaint -and -notice -shall -be
served -on- the -party-complained -against -at -least -five -days
before -the -date -of -the -hearing .
C. If 7 -upon -investigation 7 -the -commission -determines -that
19 no-discriminatory-practice -or-act-has-oceurred^-it-shall
20 immediately-not if y- the -complaining -party -who -shall -thereafter
have -thirty-days -within -which -to- file -a -complaint -with-the
just ice -of -the -peace -of -the -precinct -where -the -alleged
discrimination -occur red 7 -as -prescribed -by -the -provisions -of
section-22 -311 .
D. The -commission -shall- within- fifteen-days -from- t he- date
the-hearing- is -concluded -en ter-an-order- set ting- forth- its
21
22
23
24
25
26
27
2g f indings -of- f act -and -serve-a-copy-of -such- findings -on- all -par ties.
29 E. if-the-eommission-finds-that-an-unlawful -discriminatory
30 praetiee-or-aet-has-oeeurredy-it-shall-direet-a-member-or-the
eomplaining-party-fco-file-a-eemplaint-with-the-justiee-of-the
31
32
(17)
462
EXHIBIT NO. 11(B) (Continued)
1 peaee-ef-the-preeinet -where- the -diseriminatery-praetiee-er-aet
2 is -alleged- to -have- eeeurred j -as -prescribed -by -t he -previsiens-©£
seetien-22-311.
F. If-fehe-eemmissien-f inds-thafe-ne-Hnlawful-diseriminatery
praetiee-er-aet-has -eeeurredj -the-eemplaining-party-may,
within -thir fey-days -thereafter 7 -file -a -eomp taint -with -the -justiee
ef -the -peaee-ef -the -preeinet -where- the- alleged -discriminatory
9 prae t ie e- or -aet -eeeurred? -as -prescribed -by- the -previsions -of
10 seefeien-22-311.
11 G. If-the-eemmissi©n-fails-t»-enter-an-order-setfeing-for6h
it s-f ind ing s -within - f if teen -days- from- the -date -of -the -hearing,
the -eemplaining-party-may —within- thirty-days -thereafter 7 -file
a-eomplaint-with-the-jtistiee-of-the-peaee-of-the-preeinet
where -the -diseriminatory-praetiee-or-aet- is -alleged -to -have
eeeurred ;■ - as -prescribed -by -the -provisions -of -see fe ion -22 -311.
12
13
14
15
16
17
18
19
20
21
22
23 PRACTICES HAVE BEEN OR ARE BEING COMMITTED, (2) PRESERVE
24 SUCH RECORDS FOR SUCH PERIODS, AND (3) MAKE SUCH REPORTS
25 THEREFROM, AS THE DIVISION SHALL PRESCRIBE BY REGULATION OR
26 ORDER, AFTER PUBLIC HEARING, AS REASONABLE, NECESSARY, OR
APPROPRIATE FOR THE ENFORCEMENT OF THIS CHAPTER OR THE
REGULATIONS OR ORDERS THEREUNDER. THE DIVISION SHALL, BY
REGULATION, REQUIRE EACH EMPLOYER, LABOR ORGANIZATION, AND
JOINT LABOR-MANAGEMENT COMMITTEE SUBJECT TO THIS ARTICLE WHICH
27
28
29
30
31
32
41-1482. RECORDS
EVERY EMPLOYER, EMPLOYMENT AGENCY, AND LABOR ORGANIZATION
SUBJECT TO THIS CHAPTER SHALL (1) MAKE AND KEEP SUCH RECORDS
RELEVANT TO THE DETERMINATIONS OF WHETHER UNLAWFUL EMPLOYMENT
(18)
463
EXHIBIT NO. 11(B) (Continued)
CONTROLS AN APPRENTICESHIP OR OTHER TRAINING PROGRAM TO
MAINTAIN SUCH RECORDS AS ARE REASONABLY NECESSARY TO CARRY OUT
THE PURPOSE OF THIS CHAPTER INCLUDING, BUT NOT LIMITED TO, A
LIST OF APPLICANTS WHO WISH TO PARTICIPATE IN SUCH PROGRAM,
INCLUDING THE CHRONOLOGICAL ORDER IN WHICH APPLICATIONS WERE
RECEIVED, AND TO FURNISH TO THE COMMISSION UPON REQUEST, A
DETAILED DESCRIPTION OF THE MANNER IN WHICH PERSONS ARE
SELECTED TO PARTICIPATE IN THE APPRENTICESHIP OR OTHER TRAINING
PROGRAM. ANY EMPLOYER, EMPLOYMENT AGENCY, LABOR ORGANIZATION,
OR JOINT LABOR -MANAGEMENT COMMITTEE WHICH BELIEVES THAT THE
APPLICATION TO IT OF ANY REGULATION OR ORDER ISSUED UNDER THIS
SECTION WOULD RESULT IN UNDUE HARDSHIP MAY APPLY TO THE
DIVISION FOR AN EXEMPTION FROM THE APPLICATION OF SUCH REGULA-
TION OR ORDER, AND, IF SUCH APPLICATION FOR AN EXEMPTION IS
DENIED BRING A CIVIL ACTION IN THE SUPERIOR COURT WHERE SUCH
RECORDS ARE KEPT. IF THE DIVISION OR THE COURT, AS THE CASE
MAY BE, FINDS THAT THE APPLICATION OF THE REGULATION OR ORDER
TO THE EMPLOYER, EMPLOYMENT AGENCY, OR LABOR ORGANIZATION IN
QUESTION WOULD IMPOSE AN UNDUE HARDSHIP, THE DIVISION OR THE
COURT, AS THE CASE MAY BE, MAY GRANT APPROPRIATE RELIEF. IF
ANY PERSON REQUIRED TO COMPLY WITH THE PROVISIONS OF THIS
SECTION FAILS OR REFUSES TO DO SO, THE SUPERIOR COURT UPON
APPLICATION OF THE DIVISION ISSUE TO SUCH PERSON AN ORDER
REQUIRING HIM TO COMPLY.
41-1483. Procedure
No -eemp lain t 7 -under -the -previa ions -of -see tion -22 -311 -shall
be -£iled-by -a -complaining -party-wit hots t-£ ir at -following -and
eemplying -with -the -provisions -of -the -art iele.
(19)
y
464
EXHIBIT NO. 11{B) (Continued)
1 41-1483. VETERANS PREFERENCE
2 NOTHING CONTAINED IN THIS CHAPTER SHALL BE CONSTRUED TO
3 REPEAL OR MODIFY ANY LAW CREATING SPECIAL RIGHTS OR PREFERENCE
I •
5
6 | 41-1484. CONCURRENT JURISDICTION OF POLITICAL SUBDIVISION
7 A. Any duly enacted ordinance or resolution of any city,
8 town, county or other political subdivision not inconsistent
with the provisions of this chapter is hereby approved,
authorized and given concurrent jurisdiction with the pro-
visions of this chapter.
B. Nothing contained in this chapter shall permit the
9
10
11
12
13
.. filing of a complaint for an alleged discriminatory practice
15 or act if a complaint regarding the same discriminatory
16 practice or act has previously been filed under the provisions
17 of a duly enacted ordinance or resolution of any city, town,
county or other political subdivision.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
41-1485. Violatienj-penalty
Any-per son- found-guilty-of -a -violation -of- any-pr© vis ion- ©£
this -ehap t er- shall -be -punished -by- a- fine -not- to- exeeed- three
hundred-dollars.
EFFECTIVE DATE
THIS ACT SHALL TAKE EFFECT ON JULY 1, 1973.
(20)
EXHIBIT NO. 12
-^<^
f*>»* *T^
wye-
Y*^t4*g*> ip&y&£c~ ***~ t^J
<*»<-
(465)
466
EXHIBIT XO. 12 {Continued)
*
^1
-*-,
f
-^^
467
EXHIBIT XO. 12 (Continued)
EXHIBIT NO. 13
The author of this statement has a Bachelor of Arts
Degree from the University Of Illinois and a Master's
in Cultural Anthropology from the University of Arizona.
He has worked with a Colombian development program in
the Peace Corps. While a graduate" student at the
University of Arizona he worked in the Bureau of
Ethnic Research and was involved in a Gila River
Indian Community Model Cities research study. The
author also taught cstfrses on Contemproaray Southwestern
Indians, North American Indians, and other courses
in anthropology. Finally, from August 1972 through
October of the same year the author was a Research
Associate for the Southwest Indian Youth Center, Tucson.
"If one is sincere,
It furthers one to bring "even a small offering.
No blame . "
The I Ching
olVIL RIGHTS AND INDIAN YOUTH
Robert G. Smeaton
From my own personal involvement over the last few
years with Southwestern Indians this statement is an
attempt to show two areas where Indians most clearly
are not being given the right to participate in ins Illa-
tions that affect Indian lives. As cases in point, I
will look at the institution of off -reservation boarding
schools and in particular the boarding school at Stev/art
Nevada, and another institution that deals with Indian
youth, namely the Southwest Indian Youth Center.
The Off-Reservation Boarding; School
In the year 1879 the first off -reservation boarding
school was created at Carlisle Pa. in the hope of bringing
Western education and "civilization" to the Indian youth
of that time. Arizona with the highest Indian population
(468)
469
EXHIBIT NO. 13 (Continued)
(2)
of any state and about 1/5 of all the Indians in the
U.S. was early to become involved in the boarding school
movement. (Before Arizona was a state)
The boarding school emphasis, which
set in during the 1880*8, continued
to dominate thinking about Indian
education until the period shortly
after the first World War. It was
responsible for the creation not
only of boarding schools on Indian
reservations, but also of larger,
more elaborately staffed and equipped
schools in off -reservation- locations.
Arizona's first off-reservation boarding
school was the Training School at Tucson,
built with federal funds »in 1888, for
operation by the Home Mission Board of
the Presbyterian Church. Two years later
a school — both built and run by the Bureau,
was established at Fort Mohave. In 18?1 *
the largest of the state's off -reservation
schools — the Phoeniz Indian School — held
its first classes. (Officer, 1956)
These schools, run by non-Indians, were noted for their
philosophy of removing the Indian student from his home
and community, strict military discipline, a work
study program, and an emphasis upon industrial arts.
Today, unfortunately, the off -reservation boarding
schools are still with us. Some of thenstrict military
discipling" has been removed, but it is still there in
part. The schools are still mostly run by non-Indians,
(more on this point below) V/orst of all, the schools
are "off -reservation? meaning that they are separated,
often by a great distance or more than 1000 miles, from
the communities where the Indian students come from,
(more on this .point below) This great distance between
the home community and the school effectively eliminate
family supervision and community control over their
own youth's education. Some effort is being made to
reduce this, problem by naming Indian run school boards
and committees, yet by the fact of the distance, the
number of Indian commi'mities represent-'d at each
off -reservation boarding school, and by the fact that
most of the administrators and educators are non-Indian,
470
EXHIBIT NO. 13 (Continued)
(3)
would make this seem to only be a token effort.
Stewart Indian School
The Stewart Indian School is an off-reservation boarding
school that has been in operation since the turn of tne
century. The school is located in central Nevada near
Reno and Carson City — not far from the California state
line. Many of the buildings are made from red cut stones
that were nauled by tne Indian students back in the
1920' s from a nearby prison rock quarry. The Stewart
Indian Scnool is one of tnree hign school off-reservation
boarding schooJs that are now being sent Indian students
from all over the greater Southwest. The otner two are
located in Phoenix, Arizona and Riverside, Calif. These
three off-reservation Indian high schools are administered
and funded through the Phoenix Area Office of the
Bureau of Indian Affairs, Education Branch.
Recently when I was employed by the Southwest
Indian Youth Center, I was given the assignment to travel
to SiewarL Nevada and collect certain data from the
comprehensive student files at that Indian School. The
Research Branch of the Southwest Indian Youth Center,
funded by a tnree year grant from the Crime and Delinquency
Division of the National Institute of Mental Health was
trying to gather comparative data from off -reservation
boarding school in an attempt to understand Indian
youth "benavior problems." Since Ray Sorenson, Director
of Education in tne B.I. A. Phoenix Area Office, had
given the ok on this data collection from tne student
files no problems were encountered at the'Stewart Indian
School,- Thus I had the opportunity to spend several
weeks at the Steward Indian School — Aug. -Sept. 1972 — going
through each male Indian students file, starting in the
year 1964 and following through to the present.
As an example of "administrative procedure" it snould
be noted that during the last scnool year, 1971-1972,
nine non-Indian Stewarx administrators baa "negotiated"
witn the Indian Student Council and finally approved the
471
EXHIBIT NO. 13 (Continued)
(4)
"Students' Bill of Rignts ana Responsibilities." This
agreement clearly states that information from student
files would not be released without student written
permission. Well this must be another example of a
broken Indian contract since students were not asked
if they minded the S.I.Y.C., a private organization,
going through their files. It might be mentioned that
at that time the B.I. A. was negotiating with the
S.I.Y.C. for a contract.
In any event, the time spent going through student
files at Stewart was very informative on the workings
of this off -reservation boarding school. The first
thing that one learns from a student file is the
method by which a student is referred to the boarding
school. Some Indian communities have no'local high
school or nearby public school. One such example
would be the lack of a high school on the Hopi Reservation.
In these cases the B.I. A. as a matter of course refers
all the students that finish 8th grade to one of the
three off -reservation boarding schools mentioned above.
The other major category of referral is what the B.I. A.
calls a "social referral." With the social referral
often there is a community school, but the B.I. A. officials
feel that the home environment is not "suitable" for the
Indian student and thus he or she is sent to a distant
off -reservation boarding school. Sometimes this is related
to the Indian families economic situation, since it costs
the family more to support a student in a_local school
than at- a B.I. A. off-reservation school. An example of
the social referral system would be on the Papago
reservation where there is a B.I. A. high school at
Sells Arizona, yet a great number of Papago youth are
sent to the Stewart Boarding School in central Nevada.
The procedure for a "social referral" is for the
B.I. A. Agency to send a social worker to evaluate
Indian students home environment. The results of the
social workers "research" are found in a two or three
472
EXHIBIT NO. IS {Continued)
(5)
page "social summary" found in the students file. At
Stewart, for example, more than 60$ of the students
are social referrals and thus have these "social sumarries."
Unfortunately, most all the social workers at the
reservation level are non-Indians. Thus because these
social workers are not part of the Indian community and
in general insensitive to the reality of Indian culture
the statements in the social summary are very often
paternalistic in nature and even racist in tone. For
example, one reads statements such as "These people
live like animals — " or "the father makes a living
wage but has no desire to move out of the filth ridden
shack that they occupy." (meaning that they live in a
home of traditional Indian design) Again one often sees
statements to the effect that the child, is being raised
by a grandparent or other relative as if this were a
crime. In fact, in some Indian communities it is very
normal to have a grandparent raise a child for a time.
V/ith all these examples the key point should not
be lost, namely, that Indian communities are not being
given the opportunity to decide on the future of
their own youth. It is obviously a critical decision
when a social v/orker decides to send an Indian youth
to a distant boarding school, both from the individuals
point of view and the loss to the family and community.
One also learns from the student files and class
rosters that a great number of Indian tribal groups
are being affected by this system. At the same time
one sees how far "off" is an off-reservation school,
or that, is the great distance that students are being
forced to travel. Edward H. Spicer in his book
A Short History of the Indians of the United States, p. 116,
gives the reason why the off-reservation boarding
school system was developed: "It was conceived in
terras of driving a wedge between children and parents
and thus hastening the process of cultural assimilation."
To show that this "wedge" is still working see Chart I.
473
EXHIBIT NO. 13 (Continued)
(6)
Chart I
Composition of the student body, Pre-high school
through High School, School Year 1971-1972, at Stewart
Indian School, Stewart, Neveda.
TRIBE AND LOCATION
MALE
FEMALE
Apache, Arizona
44
17
Pima, Arizona
38
36
Papago, Arizona
31
29
Paiute, Nevada
20
18
Shoshone, Nevada and Utah
11
9
Goshute, Utah
6
2
Hualapai, Arizona
10
6
Navajo, Arizona
2
5
Hopi, Arizona
15
14
Ute, Utah
11
2
Washoe, Nevada
4
8
Nomelaki, Calif.
—
1
Pomo-Yuki, Calif.
--
1
Noi-ma, Calif.
--
2
Cocopah, Arizona
3
1
Tule, Calif.
~
1
V/arm Springs, Oregon
--
1
Mission, Calif.
1
1
Mohave, Arizona
1
2
Pit River, Calif.
--
4
Yakima Walla Walla, Oregon
—
2
Klamath, Oregon
1
1
Maricopa, Arizona
4
—
Sho-Barinock, Idaho
3
3
Quechen, Calif.
1
—
Maidu-Miwok, Calif.
1
—
Wapo, Calif.
1
—
Yavapai, Arizona
1
—
Havasupai, Arizona
3
2
TOTAL
212
168
474
EXHIBIT XO. 13 (Continued)
(7)
Fror. p4y brief stay at the Stewart Indian School one
overriding theme sticks in my mind, namely that almost
all the staff are non-Indian. (See Chart II below for
the Indian non-Indian breakdown. ) In the survey
for the year 1971-1972 no Indians held any of the
top 12 administrative positions and only a few Indians
held teaching positions. There were Indians in low
level dormitory positions. At the start of the school
year 1972-1973, when I was visiting Stewart, the
situation was the same as the year before. Anything
else positive that can be said about Stev/art is
overshadowed by this one critical failure to have
Indian staff at all admistrative and teaching levels.
This means, for example, that the Indian, students
will never have a role model or person "to emulate" in
a high level administrative position. This means, for
example, guidance in career selection will come
from a son-Indian that may not even know the real
needs of the student or the community from which
he or she comes. This means, for example, that
Indians again are not being given the opportunity
to make decisions for themselves. Finally, this
means that the same handout-paternalistic approach
that has sometimes characterized B.I. A. dealings over
the past one hundred years will continue into the
future .
SOUTH'/ZEST INDIAN YOUTH CENTER
The second institutional example of questionable
treatment of Indian youth comes from my personal
observations while I v/as employed as a Research
Associate for the Southwest Indian Youth Center (S.I.Y.C.)
from Aug. 1U72 through Oct. 31. 197*2.. Again I will have
to be critical of this type of operation, but for
some rather different reasons.
475
EXHIBIT XO. 13 (Continued)
(6)
Chart II
Composition of the teaching and administrative
staff with reference to Indian and non-Indian background
for the school year 1971-1972, at the Stewart Indian
School, Stewart, Nevada. (Note: only key staff positions
included in the survey)
POSITION INDIAN NON- INDIAN
Educational Program Director XX
Principal XX
Social Worker XX
Activities Director XX
Teacher Supervisor Pre-High XX
Teacher Supervisor Secondary XX
Teacher Supervisor Academic XX
Girls Department Supervisor XX
Boys Department Supervisor XX
Education Specialist XX
Supervisor Guidance JLX.
Director Vocational Guidance XX
TOTAL F&) 12
Teachers and Instructors
approximately 5, 55
Many Dormitory employees were Indian
(The reference for this survey v/as the Stewart Student
Yearbook, Desert Braves, 1972)
476
EXHIBIT NO. 13 (Continued)
(9)
The S.I. Y. C. is a "behavior modification" experimental
program that uses only male Indian youth for "subjects."
The S.I.Y.C. is located in what had been a prison on
Mt. Lemon, just outside of Tucson Arizona. The site was
somewhat renovated and the experimental program began in
the spring of 1970. Later a series of six "halfway houses"
were added to the program in Tucson.
The operation at the Center (S.I.Y.C.) is kept alive
by a number of different contracts and grants. These
include the Bureau of Indian Affairs (B.I.A.), the
United States Bureau of Prisons, the Arizona State
Department of Corrections, the Arizona State Department
of Vocational Rehabilitation, the Utah State Department
of Public Welfare, the Maricopa County ..Welfare Department,
and the Pima County Welfare Department." Recently the
Centers contract with the Manpower Development and
Training Administration was revoked and thus, S.I.Y.C.
was forced to eliminate the vocational training aspect
of their program. In August, 1972, a three year grant
was awarded to the Research Department of the Center by
the National Institute of Mental Health. All the funds
are administered through the Indian Development District
of Arizona, a private non-profit organization that has
an Indian Board of Directors.
The founders of the "behavior modification" aspect of the
program and current central staff are three non-Indian
Ph.D.s that all received their Degrees from the University
of Kansas, 1969, 1970, and 1971Their names, -major field,
and position in the S.I.Y.C. as of Aug. 1972 were: David
K. Giles, Ph.D., psychology, Executive Director ; Virgil
W. Harris, Ph.D. .psychology, Research Sirector;and Betty
M. Hart, Ph.D. human development, Program Director.
September, 1972, saw one change in that Philip Tsosie,
a Navajo Indian was rotated to the Executive Director
position and David K. Giles took the Assistant Director
that had been held by Tsosie. Although this was done in
477
EXHIBIT XO. 13 {Continued)
(10)
an attempt to blunt the charges that non-Indians v/ere
using Indians in their experiments, it should be clear
that because of the nature of an experimental program
the Ph.D.s must play the key roles.
Specifically, S.I.Y.C. program on Mt. Lemon is
an experiment to see if the methods of "behavior
modification" as developed in psychology would affect
a group of Southwest Indian youth that have had records
of delinquent acts. At present there are about 70 male
Indian youth — average age of 17 years old — in the
experimental program. This program is not voluntary,
instead the Indian youth are committed by court action.
The length of stay in the Center is open-ended, with
release only coming after the youth passes through
four "levels" of "behavior modification." Thus a youth
could spend 2 years or more in the prog'ram being bounced
back and forth between "levels." (See Appendix A.)
To demonstrate that this is in reality an "experiment"
upon a minority group, let me give a few statements
written by Virgil W. Harris, Research Director, in his
grant application that was approved by the National
Institute of Mental Healthf August 1972:
Recently a technology of treatment known as
behavior modification has suggested that prosthetic
environments can be created and maintained for individuals
whose behavior deviates from the limits created by society.
(Ullman and Krasner, 1963; Krasne1" and Ullmann, 1965;
Baer, Wolf and Risley, 1968) p. 22
... In view of the success of behavior modification
programs with institutionalized populations, an incentive
reinforcement system was adopted at the Southwest Indian
Youth Center in order to determine if the" details of such
a program could meet equal success with a unique population.
... In a -number of ways, however, the program at the
Youth Center can be viewed as novel to other existing
programs. I*s unique subject population renders the
effective adoption of procedures found effective in
other programs somewhat speculative, -p. 24
From the same grant application let me also demonstrate
the paternalistic and very distorted view of reservation
life and Indian culture as presented by Harris:
478
EXHIBIT NO. 18 (Continued)
(11)
"...Indian reservation communities at this time,
are not able to cope with their own economic problems,
much less the pronounced delinquency problem.
There is a fundamental problem of community survival
due to the lack of residents capable of functioning and
contributing to the development of the community.
...There are such pervasive problems as extreme
poverty, hunger, lack of identity, and the feelings of
hopelessness and helplessness which are the rule rather
than the exception of reservation living.
...In addition, there are youth who are lost in the
limbo of reservation life — looking for an escape from their
environment . "p . 24
It appears that Lawrence; Kansas may not be the best
place to learn about Southwest Indians. In a more serious
vain, one should ask, What will happen to Indian communities
if their youth are always sent to institutions, such as the
Southwest Indian Youth Center?
The problems of crime and juvenile, delinquency on
the Indian reservation is a long and complex matter
that can only be understood in its social and cultural
setting. The delinquency problem of Indian youth often
center on drinking and the use of other harmful drugs
such as glue and the acts caused while using these
drugs. This often is a serious problem in Indian
communities and Indian leaders should be encouraged to
search for culturally appropriate solutions. One way
of not dealing with the problem at the community level
is to send the youth to an experimental center such as
the one on Mt. Lemon where they become data on graphs
in psychology books.
One final charge against the S.I.Y.C. is that when
the "behavior modification" system fails the (junviLe1 is
being held as a matter of course in the Pima County
Jail, sometimes for a week or more in an effort to
force cooperation in the Center's program. As most
know this adult Jail has a very bad* record of overcrowding
and other problems v/ithin its walls.
479
EXHIBIT NO. 13 (Continued)
(12)
Assimilation Models
Briefly, the assimilation model as developed from
anthropological observations is concerned with the fate
of a minority cultural group when in contact with a much
larger or dominant cultural group. Given a long enough
period of time, what often happens in these situations
is that the smaller group in an effort to survive changes
its norms, speech, dress, customs, etc. to that of the
dominant group. When the assimilation process is complete
the identity of the minority group is lost and the culture
is extinct.
It might be of interest to compare the assimilation
models from the two examples of the Stewart Boarding
School and the Southwest Indian Youth Center. As stated
above in the quote by Spicer the off -reservation boarding
school, such as Stewart, were explicitly developed with
assimilation of Indian culture as the goal. Today, for
example, at Stewart most of the male graduates are either
sent to the Haskell Indian Junior College, Lav/rence, Kansas,
or the student with B^I.A. approval enrolls in a Adult
Vocational Training program. The complete list of
instructional majors offered at the B.I. A. run Haskell
Indian Junior College are: accounting, auto mechanics,
business education, baking, cooking, carpentry, costume
shop, dental assisting, data processing, electronics,
electricity, food service, general education, home decoration,
laboratory technician, letterpress, linotype, meat cutting,
machine technology, masonry, offset camera, offset press,
painting, practical nursing, refrigeration/sheet metal,
radiation technology, technical drafting, and welding.
arts
Further, on the reservation community there^few jobs
using any of the above skills, thus the Indian youth
is forced to the city and the assimilation process
continues. The same is true of the Adult Vocational
Training programs, where a varfty of skills are taught
such as vending machine repair, house painting, and auto
painting. Again these skills are not in line with
480
EXHIBIT NO. IS (Continued)
(13)
real community needs at the reservation level. Thus, it
should be evident that the B.I. A. using the off -reservation
boarding school in conjunction with schools and programs
such as the Haskell Indian Junior College is very much
still in the"assimilation camp."
The Southwest Indian Youth Center that takes young
males form the reservation for "rehabilation" might ideally
be a program that would rehabilitate Indian youth for
valuable roles on the reservation, but again this program is
clearly an assimilation attempt. The Centers six halfway
houses are all in non-Indian, middle-class neighborhoods
and the youth are sent to a middle-class, non-Indian,
"East-side" high school. With the total separation
from both the reservation Indian community and
also even the Tucson Indian community, the only result
that can be expected will be assimilation. Thus the
Southwest Indian Youth Center is also an assimilation
program, although this is not their stated goal.
Hopefully this statement for the United States
Civil Rights Commission will give Indian leaders
ideas on how they might best protect their Rights.
481
EXHIBIT NO. 13 (Continued)
Appendix A.
Behavior I-'odif ication
The Southwest Indian Youth Center is a test of
"b-havior modification" theory. Most college students
that have enrolled in an elemeni^ry psychology course
have had the opportunity to experiment v/ith labratory
rats. Simple experiments are set up to observe changes
in the rats behavior patterns as different types of
reinforcement or reward and punishment systems are
used. The time that it takes to condition a" rat to a
certain pattern is measured and then the system of
reinforcement can be changed to see how this will
affect later observable patterns. The students are
warned against the "dangers" of imputing human feelings
on the rat, rather only observable acts should be measured
and this data recorded.
The Youth Center on Mt. Lemon is involved in the
same type of experiment, only the systems of rewards and
punishments are more complex and the subjects are
Indians instead of rats. Briefly, the behavior modifi-
cation program at the Center ia founded on the concept
of "levels" At level IV the subjects are given the
least amount of freedom and material rewards. There
are three more levels with level I being release from
the center. Reinforcement systems include points, money,
free time, home leave, teacher approval, and time in the
Pima County Jail (negative). Each level has different
rules and these rules are changed from time to time
to test different theories. For example, Oct. 1972 saw
rc-moval of the "yes-no" system and the changing of
point values. As an example, now 20 points are added
at level IV for each "positive interaction with the
teacher," meaning talking to the teacher without asking
for something. Other independent behavior modification
experiments have been run such as the Punctuality Study,
the Lock-stept-Chain (learning test) Study, the Cross-
word Puzzle Study, and a Leather Study. All the data is
compiled and plotted on graph paper for psychology papers.
EXHIBIT NO. H
My name is^Jon M. Greif . I am a 27 year old physician
presently living in Prescott, Arizona. I was a U.S. Public
Health Service general medical officer in the Indian Health
Service from July 1, 1971, until my voluntary resignation which
became effective July 7, 1972. The following are excerpts from
a letter I wrote to my lawyer, my congresswoman Hon. Bella Ab-
zug, and Sen. Edward M. Kennedy, one month prior to my separa-
tion from the Indian Health Service, in which I discuss seve-
ral of the circumstances leading to my resignation, circumstances
which I believe will be of interest to this commission in the
course of its investigation of the Indian Health Service.
"....I believe that all physicians have a moral obligation
to directly serve the public, more specifically, those citizens
most in need of medical care and least able to obtain it, at
least for a period of their careers.
"Because serving as a physician for tha military would
have been unconsciounable for me, I began, while still in medi-
cal school, considering alternatives to military service. The
only "military" service I felt that I could, in good faith to
my beliefs, perform was as a physician for either American
Indians or federal prisoners, both offered through the USPHS.
And so, in December, 1969, I applied for a commission in the USPHS.
It was not until Spring of 1971, as I was completing my intern-
ship...that I received notice of my acceptance into the Indian
Health Service....
"Now, let me tell you about my experience at £my duty station)
Keams Canyon Indian Hospital....
"Keams Canyon £ Arizona3 Indian Hospital is 300 miles from
Phoenix, the location of the Phoenix Indian Medical Center, the
referral Hospital to which we were to refer our problem cases.
The hospital at Keams Canyon is a hopelessly inadequate physi-
cal plant (in spite of being one of the newest in the Indian
Health Service). Originally planned to care for 5000 Hopi
Indians and approximately an equal number of Navajos, the
hospital population soon swelled to between' 25 and 30,000 \t\ie
current number of active clinic chartsj . . . .Of the six physi-
cians originally assigned to Keams Canyon [in July, 1971J ,
only two had any training beyond one year of internship (these
2 had one additional year of residency) ... .We were expected to
learn through experience, providing comprehensive health care
to the people. My case was fairly representative in that I
had never before ^without supervision^ set a fracture, delivered
a baby, done even minor surgery. I learned all of these skills
through experience, but at what cost to my patients. £l did
obstetrical procedures, performed minor and major emergency
surgery, and treated cases that I had often, at best, only seen
before, occasionally never saw before ana naa only learned through
reading!) . . ..Because of the shortage of pnysicians, or the enor-
mity of the load (we saw 34,000 patients in the clinic last year),
(482)
483
EXHIBIT XO. l-'t (Continued)
3 .£ V
we each worked 10B hours a week.
" ranotherlproblem which I must mention is the referral
situatron. As I said, the Phoenix Indian Medical Center was
300 miles awaji. . . QThere was! a small air strip without lights,
and we could not count on the weather or daylight to be adequate
for air evacuation of our serious cases. The Gallup Indian
Medical Center at 110 miles away ( in Gallup, New Mexica, a
facility of a different divisional area) had become our chief
referral hospital. We sent these serious cases by ambulance
over a road that was long, dark, narrow and tortuous for a
hazardous 2-j? hour ride. I say Gallup 'had become...' because
this year, because of budget cuts in the Indian Health Service,
Gallup would, on occasion, refuse a case, on the grounds that
we, being of the Phoenix area, should spend Phoenix money for
our referrals. As it was, because of t e distance and money
involved we didn't refer many cases that we should have —
cases that no general practitioner in his right mind would
treat without consultation of specialists. The loser was the
Indian.
"When we raised these issues there were reprisals, not solu-
tions, from Phoenix. I was not the most vociferous of the group
in criticism of the Indian Health Service. A San Francisco
physician who arrived at Keams Canyon a week before I did was
ft.r and away the most vocal critic. He also had a personal ax
to grind. He was a future surgeon, and he had joined the PHS
with the promise that he v/ould be stationed with a surgical team.
Keams Canyon is over a hundred miles from the nearest operating
room. After 8 months of formal complaints about the deplorable
state of affairs at Keams Canyon Hospital, something was finally
done. Dr. S. was transferred to Shiprock, New Mexico. He was
not replaced, and so each man's patient load went up 17$. Our
station leave was cancelled by administrative order. Dr. W.
took up the cause, and, last monthJMay, 1972^ he was recalled
to Phoenix where he spent his last 2 months in the USPHS with
no hospital duties or priviliges He was replaced with a
foreign-trained physician who had absolutely no clinical ex-
perience, and so our work load increased once again.
"In April I made my decision to resign. I felt as if the
Indian Health Service were a huge,boulder which was running
down a hill with tremendous Snortia^ and for 9 months, I had
been trying to just slow it down (not even thinking about
changing its course). Anyway, the frustration was more than I
could or would take, and so I wrote Dr. McCammon (the Phoenix
area director) a brief letter of resignation. I felt that be-
cause there v/ould be no new physicians coming into the service
until July, and already being shorthanded, I should stayt through
July, and, I could also help orient the new physicians. I re-
484
EXHIBIT NO. 14 (Continued)
3 o£ 5
ceived no other reply than my separation papers to fill out and
return, and I was ordered to in no way communicate with the new
physicians, and to plan to be out of Keams Canyon before they
arrived. "
Along with my discharge, officially honorable, I was de-
nied all travel benefits and demoted one grade in rank.
This letter was concerned solely with problems dealing
directly with medical staffing at Keams Canyon Hospital, and
not mentioned were the shortage of personnel and incompetence
of staff at all other levels within the hospital, which is monu-
mental »
I received no reply from Senator Kennedy. Ms. Abzug for-
warded my letter to the Chief of the Medical Service Branch of
the Indian Health Service, Dr. Donald Swetter, with the follo-
wing recommendation: "I believe it is imperative that you
look closely at the charges that Lt. Greif has made and that
you recommend an investigation of the Keams Canyon facility."
To the best of my knowledge no such investigation was carried
out. Furthermore, I don't consider Keams Canyon to be an
aberration within an otherwise adequate system of health care
delivery. Prom my discussions with other medical officers
throughout the Indian Health Service, the situation at Keams
Canyon is typical of that throughout the Indian Health Service.
Since leaving the Indian Health Service I have had time to
consider possible solutions to the problem of delivering to the
Navajo and Hopi peaple the kind of high quality health care which
is their inherent right as human beings and citizens of the
world's most wealthy nation.
1. Ultimately problems will exist until such time as
Navajo and Hopi people are trained as physicians and assume the
full responsibility for their own health needs, obviating the
presence of a government health service composed of physicians
who may be well-meaning, but remain insensitive to the needs and
lifestyles of these people.
2. For now, more and better trained physicians are needed
in the outlying facilities, such as Keams Canyon. The current
policy of sending raw recruits into the highest risk areas,
while the more experienced physicians and all the specialists
gravitate toward the big city medical centers is, in my mind,
absurd.
3. Because of the present physician shortage within the
Indian Health Service, a physiciante full time is spent in trea-
ting existing illness.. If more funds were allotted for the
hiring of adequate personnel, efforts could be made in the areas
of preventive medicine, and such diseases which are unheard of
in other American population, such as diphtheria (we had 25 cases,
4 fatal, in Keams Canyon alone last year) , could once and
for all be eliminated.
EXHIBIT XO. 15
ffi
PROJECT APACHE
November 18, 1972
Gentlemen:
I would like to thank you for this opportunity to speak before you
this afternoon. I am the on-site Project Director of Project Apache,
a contract maternal and infant care program which has been underway
for a year and a half at Whiter iver. The need for such a program
was based primarily on an infant mortality rate of about three times
the national average at Whiteriver. I am also the former Service
Unit Director at the Whiteriver Service Unit of the Indian Health
Service. From my vantage point of observation and experience over
the past two and a half years in Whiteriver, I would like to present
testimony on the Indian Health Service.
I am sure that you have heard many criticisms of the quality of care
delivered to Indians in Indian Health facilities and I am sure that you
have heard that the Indian Health Service is doing the best possible
job that it can. I would like to state that I believe both points of
view are probably valid.
P.O. BOX 776 / WHITERIVER, ARIZONA 85941 / (602) 338-4554
(485)
486
EXHIBIT NO. 15 (Continued)
I think there is no question that the Indian Health Service is doing the
best possible job it can within the limits of its manpower and financial
resources. However, the manpower and financial resources available
are extremely limited and the quality of care which can be provided
is therefore also limited. I have observed directly the personnel at
Whiteriver working very hard to provide the best standard of medical
care they know how to provide, and I have observed these people being
very frustrated for a long time by the knowledge that they are not able
to provide the quality of care that they are capable of by virtue of their
training.
Repeatedly the Service Unit, and I know this is true of other service units,
has requested more money, more equipment and more staff that are
absolutely essential to good basic medical care. Positive responses have
been received from the Area Office. Area Office personnel have stated
that they were well aware of the needs, and agreed that these needs must
be met. Repeatedly federal funding has been such that the new operating
budgets for the Service Units d"o not allow for the necessary improvements
in staff and equipment.
As an example, last year I reviewed the patient load of our hospital, both
inpatient and outpatient, and applied Air Force standards on hospital
staffing to arrive at a figure on staffing requirements for the Whiteriver
487
EXHIBIT NO. 15 (Continued)
-3-
Hospital, The figure was 110 personnel in all facets of operation,
administration, clinical and support. The staffing level of the hospital
at that time was 68 people, obviously far short of what is considered
standard in other branches of the government. Veterans Administration
hospital standards and Hill Burton standards also call for similar figures,
approximately 110 staff members to support the hospital which is being
run by 68. Although this has been pointed out, not only last year but
many times in the past, there has as yet been no significant response
to increase the level of staffing. In fact, this year's budget is less than
last year's.
As another illustration of the severity of this problem of lack of resources
and manpower, I used the fiscal year 1971 statistics of inpatient days,
outpatient visits and newborn days, and based on a rate of $60. 00 per
hospital day, $7. 00 per outpatient vi6it and $15. 00 per newborn day,
arrived at a figure of $1, 072, 200 worth of medical care which could be
said to have been delivered to the Indian population at Whiter iver. This
does not include any kind of contract services, special procedures, trans-
portation to Phoenix, specialist consultation, etc. In spite of this, in fiscal
year 1972, the current fiscal year, the hospital operating budget is less
than $800, 000.
488
EXHIBIT NO. 15 {Continued)
-4-
It has been said over and over by the Indian people that the physicians
treating them in Public Health Service Hospitals are inexperienced and
untrained and are there to "practice on the Indians". There is a certain
validity to this charge as well. The physicians in most Indian Hospitals
are just out of internship and work without supervision. We have through
our Maternal and Child Health project added two highly trained pediatricians
to the staff at the Whiteriver Hospital. These two new physicians have
been able to demonstrate the need for specialty care at least in the area
of pediatrics. But more important, we have been able to demonstrate the
fact that disease rates among the Indian population are much higher than
for most other populations in this country. The types of problems that
are seen among the Indian people are more similar to those found in
underdeveloped nations than to those found in the average American citizens.
Yet because of insufficient funding and other administrative difficulties, the
Indian Health Service has not been able to provide specialty input of suffi-
cient quality and accessibility either to adequately care for patients or to
provide on going training for on site Public Health Service physicians.
A survey several years ago showed approximately a ten percent incidence
of chronic ear disease among the Apache children. Our own figures, although
incomplete as yet, show a higher incidence. Yet there are no consistent
ear, nose and throat services available for the care of these patients.
489
EXHIBIT NO. 15 (Continued)
-5-
In the four months that our Pediatricians have been in Whiter iver, they
have made suggestions regarding basic standards of care for children.
Some of these are observational, others procedural. In the face of this
simple change in pattern of health care delivery, it has become rapidly
apparent that the nursing staff is unable to accommodate even to these
minimally increased standards of medical care because of the extreme
shortage of nursing personnel. Our project originally requested the
Indian Health Service to provide the nursing personnel necessary to achieve
these minimal identified standards of medical care but because of Indian
Health's inability to do so, have provided as many of these as possible
ourselves.
The hospital building at Whiteriver has been recognized as being in-
adequate for quite some time. A new wing was added in I960 and at that
time the federal plans called for an addition of a second wing by 196 5.
Planning money was appropriated for this hospital in 1968, and a FECA
study of the Whiteriver Hospital in 197 0 stated that the older wing of the
hospital was functionally and physicially inadequate in almost every respect
and needed to be replaced. In spite of this, the planning money which had
been appropriated in 1968 was not released for use until Tribal pressure
was brought to bear on the legislature in 1972.
490
EXHIBIT NO. 15 (Continued)
-6-
I would like to close by again stating that I am sympathetic with the
Indians1 criticism that the standard of health care at Whiter iver is not
what it could be. The staff of the Whiter iver Indian Hospital continue to
do an excellent job within the limits imposed upon them but the solution
to this problem lies totally out of their hands. The solution to the problem
requires national recognition that sufficient manpower and financial
resources must be provided if the standard of medical care for Indians
is to be improved. This increased funding and staffing must be provided
within a system which does not impose arbitrary personnel ceilings
and inflexible operating budgets.
EXHIBITS NO. 16 and 17
* On file at the Commission,
(491)
INDEX
Advisory Council on Intergovern-
mental Relations (ACIR), 281-
282
Adult education, 250
Aged and handicapped, 86, 288
Agriculture
employment in, 168
irrigation project, 287
Aid to Dependent Children (ADC),
42
Alcohol problems, 17
arrest, 26-29, 135-137, 143-148,
163
disease, 136-137
employment, 173
programs for, 73-75, 89
related offenses, 26-29
All Indian Intertribal School Board,
14
Allis-Chalmers, 241
American Hospital Association, 73
American Indian Forum, 46
American Smelting and Refining Co.,
16, 178
Amerind, 46
Apache County, 119, 120
Apache Tribe (see also White Moun-
tain Apache Reservation)
Johnson-O'Malley funds, 120-
121
Arizona Civil Rights Commission,
265-268, 270-271, 273
Arizona Commission of Indian Af-
fairs (ACIA), 266-267, 272-274,
282
Arizona Department of Economic
Planning and Development, 282
Arizona Department of Education,
96
Arizona Highway Department, 224,
225, 233-236, 237-240
Arizona Commission of Indian Af-
fairs, 272-273
equal employment opportunity, 226
Indian employment in, 226-230,
242
nondiscrimination policy, 231-232
Arizona Indian Centers, Inc., 282,
286
funding from Four Corners Re-
gional Commission, 287-288
Arizona Intertribal Health Board,
123
"Arizona Plan," 239-240
Arizona State Advisory Committee,
12-13, 48, 112
Arizona State Employment Service,
233-234
employment practices, 273
employment problems, 272
occupational demand study, 286
reservation residents, 213-214
tribal employment, 167
Arizona State Justice Planning
Agency (ASJPA), 275-278
Arizona State Personnel Commis-
sion, 227, 228, 231
Arizona State University (ASU),
125-133
counseling, 127
dropout rate, 126, 132
employment, 129, 169
faculty, 128, 131
Indian internship project, 101
Indian student society, 126-127
recruitment, 128
special programs, 131-132, 254
B
Birth certificates, 40
Birth rate, 72
Blacks (see also NAACP), 28, 49,
112-113, 116, 142, 180, 187
Bureau of Indian Affairs (BIA)
construction contracts, 70, 221-
222, 257-262
discrimination, 18-20, 21-23
employment practices, 60, 62, 78,
100, 122, 168-169, 173, 182, 188,
244-245, 260-262, 273
49S
494
home improvement programs, 72
Indian Development District of
Arizona, 284
labor unions, 213
law enforcement, 59-61
mining contracts, 206
programs for Indian inmates, 153
road construction, 229
San Carlos Reservation, 211-213
scholarships, 106, 128-129, 250-251
Southwest Indian Center, 149-150
special programs at Arizona State
University, 132
technical advice, 68-70
tribal control of federally-funded
programs, 254-256
tribal policemen, 158
White Mountain Apache Tribal
Council, 207-208
Buy Indian Act, 221-222, 257, 258
Career Opportunities Program, 131
Cattle industry, 67-68
Celaya, Philip, 139-141, 142-143
Center for Indian Education pro-
gram, 131-132
Chicanos (see also Mexican Ameri-
cans), 28, 49, 112, 116
Civil Rights Act, 134
1957, 7
1964, 262
1968, 148
Civil rights status, 2, 8, 9, 24, 57
Colorado River Indian Tribes, 18-25
employment, 18-20, 22-23
law and order, 18
legal counseling, 148
Community Action Program (CAP),
182, 188
Community education leadership spe-
cialists, 26
Consent ordinance, 156-157
Construction industry, 192
Bureau of Indian Affairs con-
tracts, 60, 62, 70
contracts, 257-262
Four Corners Regional Commis-
sion projects, 283
Indian companies, 221 -222
Contract Administrative Techniques
(CAT), 262
Contracting Officer's Representative
(COR), 261
Contractors' Affirmative Action
Guideline, 230
Cultural problems (see also Lan-
guage)
education, in, 93, 95, 103, 112-113,
126, 210
employment, in, 190, 217
geographic areas, in, 108
health services, 81-82
nonreservation Indians, 29-30
school programs, 247-248
social services, 42
suicide rate, 73-74
D
Davis Mountain Airfield, 35
Dental care, 80
Discrimination, 7-8
arrests, 28, 142, 163
Arizona State University, 126-127
Bureau of Indian Affairs, 22-23
city government, 28, 35-36
education, 38, 93, 95-103
employment, 18-20, 21-23, 28, 38,
70, 121-122, 184, 187, 273
harassment, 162, 164-165
health services, 31, 32, 41-43, 55-
57
labor unions, 62, 185
law and order, 28, 61
social services, 42
Doctors, 79, 86
availability, 58-59
cultural problems, 81-82
jail inmates, 152
reservation, on, 23, 24-25, 64
Drugs, 21, 111
E
Economic Development Administra-
tion (EDA)
Four Corners Regional Commis-
sion (FCRC), 279, 280, 284
unemployment on reservations, 273
Education (see also Arizona State
University; Johnson-O'Malley
Funds; Phoenix Indian School;
Teachers)
academic achievement, 13, 101-109,
245-248
counseling, 102-106, 114-115, 125-
127, 131
cultural problems, 93, 95, 103, 112-
114, 126
curriculum, 115, 132
dropout rates, 13, 38, 95, 104, 112-
113, 126, 131, 132
elementary programs, 91-100, 132,
248-25D
495
employment in, 93-97, 108, 170-171
higher education, 124-135, 250-251
Indian involvement in, 13, 20-21,
119 255-256
language, 93, 96-97, 210, 245-246,
248
Phoenix Indian School, 101-120
religion, 97, 103, 104
textbooks, 95, 97
Education Opportunity Grants
(EOG), 99-100, 129
Employment (see also Indian prefer-
ence law; Labor unions)
Bureau of Indian Affairs, 18-20,
22-23, 60, 62, 70, 78, 168-169,
173, 182, 188, 244-245, 273
city and municipal government,
28-29, 35-39
construction industry, 60, 62, 70,
221-222, 257-262
cultural problems in, 190, 217
discrimination, 18-20, 21-23, 28,
38, 70, 121-122, 184, 187, 208-
209, 273
Federal agencies, 169
Indian Health Service, 39, 77-78,
89, 122
industrial parks, 241-242
manufacturing industry, 168
mining industry, 173, 175-178, 193,
198-202, 205-207, 211-212
Phelps Dodge Corp., 193-196, 203-
205
road construction, 224, 229, 233,
234, 235
Southwest Forest Industry, 68,
214-218
Southwest Lumber Co., 68-69, 121,
122
State agencies, 169-170, 226-230,
242
training programs, 195-197, 199,
259
tribal employment, 167-172
Employment practices, 13, 22-23,
31-32, 260-262, 273
Equal Employment Opportunity
Commission (EEOC), 182, 271
employment discrimination, 273
labor force survey, 171
Equal employment opportunity
(EEO)
contract compliance, 239-240
highway department, 226, 229,
233-236
FHWA Interim Construction Con-
tract Compliance Procedures,
239-240
Floyd Mull Construction Co., 221-
222
Food stamps, 23, 38
Fort Apache Reservation, 63-71
education, 248
employment, 67-70
health services, 63-67
Four Corners Regional Commission
(FCRC), 279-289
G
Gila County, 119
Gila River Career Center, 286
funding from Four Corners Re-
gional Commission, 288
Gila River Indian Community, 155
funding from Four Corners Re-
gional Commission, 288
Gila River Reservation
Civil Rights Commission, 270
Four Corners Regional Commis-
sion grants, 280
law and order, 156-166
road construction, 229
H
Halfway houses, 134, 139, 141, 151-
152
Havasupai Indian Reservation, 283
Hecla Mining Co., 175-176, 178
contract, 205-207
Indian employment, 198-202
training program, 199-202
Hopi Community Action Program,
254
Hopi Tribe, 45, 47, 48, 55, 109
Hospitals, 84
births in, 72
contractual services, 75, 79-80, 90
Globe, 57
Indian employees, 31
nonreservation Indians, 31, 32, 64-
65, 67, 75-77
in Phoenix, 84
on reservation, 22, 24-25
services for Indians, 55-56
transportation, 39-40
Tucson, 35-36, 41-45
understaffing, 73, 79
Housing
health service employees, 84, 98-99
Phelps Dodge Corp., 202-203
programs, 72
on reservation, 241-242
496
Hualopai Indian Reservation, 283
I
Indian Affirmative Action Program,
183, 195, 266, 270-271
Indian Civil Rights Act, 134
Indian Development District of Ari-
zona (IDDA), 149, 280-281
funding from Four Corners Re-
gional Commission, 283-285, 287,
288
Prisoner Parole Rehabilitation
Program, 281
Indian Education Subcommittee, 210,
243
Indian Health Service (see also Hos-
pitals; Phoenix Indian Medical
Center), 26, 30-33, 71-90, 95
contract facilities, 75, 79-80, 90
control of, 48-51
health programs, 83
Indian employees in, 39, 77-78, 89,
122
mental health programs, 73-75,
89
near-reservation Indians, 54-57
nonreservation Indians, 76
preventive health program, 72-74,
90
quality of service, 86-87
reservation Indians, 18, 22-23, 46-
49, 54, 57-67, 71, 75-76, 123
staff problems, 82-83
training programs, 50, 53-54, 78,
89
urban Indians, 40, 46-49, 50-53,
107
Indian income per capita, 2, 9
Indian Law Program, 131
Indian Leadership Program, 131-132
Indian population in Arizona, 11,
172, 218
in Phoenix, 27
in South Tucson, 34, 36-37
in Tucson, 36-37
Indian preference law, 33, 122, 176,
185, 188-189, 198-199, 221, 224,
241-242
Bureau of Indian Affairs employ-
ment, 214, 243, 244-245, 257
contracts, 258, 262
highway department, 231
Indian programs, control of, 9, 50
advisory councils, 288-289
Arizona Indian Centers, Inc., 286
Bureau of Indian Affairs, 115-117,
120, 255-256
educational policies, 94-95
Federal programs, 254-256, 288-
289
health services, 48-51, 71, 86, 88-
89, 123
hospitals and health centers, 32-
33,71
Indian police, 21
poverty programs, 38-39
schools, 13, 20-21
tribal health commission, 59
White Mountain School, 118-119
Indian public relations program, 17
Indian Special Emphasis Program,
179-184
Indian tribes (see also Intertribal
Council; Urban Indians)
Arizona Commission of Indian Af-
fairs, 272-282
Arizona State Justice Planning
Agency, 275-278
court system, 166
employment, 187-188, 190-191
federally-funded programs, 254-
256
Four Corners Regional Commis-
sion, 279-281
health services, 46-53, 83
Indian Development District of
Arizona, 280-281, 282-284
land ownership, 282
lease agreements, 241
legal counseling, 148
in Phoenix, 82
policemen, 158
school board, 14
tax status, 283
tribal officers, 158
tribal sovereignty, 273-274
Industrial parks, 185-186
employment in, 241-242
Infant mortality, 2, 9, 12, 72, 89-90
Inspiration Consolidated Copper Co.,
211-213
Institute for Library Media, 131-132
Intertribal Council, 14-18, 255-256,
281-282
Job mobility, 3, 9, 19
Johnson-O'Malley funds, 20, 56, 91-
92, 115, 120-121
in New Mexico, 96
in Utah, 99
Justice, administration of (see also
Tribal court), 275-278
arrests, 135-136, 142, 144-148,
157-158
497
bail studies, 13
bonding system, 165
compound, 27-28, 136-137
consent ordinance, 156-157
counseling in jail, 146, 148, 152-
153
court procedures, 28-30
double standard, 13
equipment, 163
jails, 27-29, 136-137, 143, 152-153,
161, 165
jurisdictional maze, 160
lawyers, 134-135
legal aid, 35, 134
legal problems, 134-137
legal reference service, 134
medical facilities, 152
officers, 23, 142, 158
representation by counsel, 143-146,
148
on reservation, 18, 60-61, 122-123,
153, 156-167
State of Arizona, 164
youth offenders, 151-153, 149-150,
278
K
Kaibab-Paiute Indian Tribe, 288
Labor force, reservations, 167, 171,
182
Labor unions, 184-185
construction, 62, 70
industrial parks, 241
highway construction, 273
San Carlos Apache Indian Reser-
vation, 212-213, 221
Land ownership, 282-283
Language
bilingual Indians, 208
education, 93, 96-97, 210, 245-246
language-oriented learning mate-
rials, 248
law and order problems, 30, 145-
146
Law Enforcement Assistance Ad-
ministration (LEAA)
grants, 161-162, 163, 166, 275-278
LEAP, 28
Lease agreements
Bureau of Indian Affairs assist-
ance, 68, 176, 241
Lease income, 23
Legal Aid Society, 134
Libraries, 254
bookmobile on Navajo Reservation,
285
Life expectancy rate, 2, 9, 12, 72, 73
Loesch, Harrison, 92
Lumber industry, 67-70, 209
M
Manufacturing industry, 168
Maricopa Indian Reservation, 280
Medicare and medicaid, 90
Mexican Americans (see also Chi-
canos),36, 38, 142, 187
Mining industry, 16
Indian employment, 173, 175-178,
198-203, 205-207, 211-212
Minority Group Employment in Ari-
zona State Agencies (1972), 271
Mobile health unit (Tucson), 43
Model Cities program, 35, 37, 43-44
N
NAACP, 41, 141
National Housing Industries, Inc.,
241-242
National Indian Justice Planning
Project, 277-278
National Indian Police Academy, 134
National Indian Training and Re-
search Center, 26, 91
Native American Rights Fund, 91
National Park Service, 249
Navajo Community College Man-
power Program, 271
Navajo Indian Reservation
Arizona State Justice Planning
Agency, 275
compliance review, 188
dropout rate, 95
education, 91-100, 108, 119
employment, 167-168, 227
Four Corners Regional Commis-
sion, 285-288
health services, 55
housing, health employees, 98
labor force, 182
labor unions, 185
language problems, 146
library bookmobile, 285
tribalism, 48-49
Navajo Farm Training and Crop
Production, 287
Navajo generating plant, 287
Navajo Rehabilitation Center, 286
Neighborhood Youth Corps trainees,
233-234
Nonreservation Indians (see also
Urban Indians) , 34-35
boarding schools, 111-117
civil rights status, 2, 8
cultural problems, 29-30
498
different problems from reserva-
tion Indians, 15
dropout rate, 126
health services, 46-53, 75-76
near-reservation health services,
54-57
scholarship grants, 106-107
student problems, 126
Nurses, 78, 85, 89
O
Office of Federal Contract Compli-
ance (OFCC), 179-192
Civil Rights Commission, 271
compliance reviews, 188-190, 237-
238, 240
highway department, 226, 230,
239-240
"qualified" Indians, 187
"show cause" notices, 190-191
training programs, 181
Office of Economic Opportunity
(OEO) (see also Community
Action Program), 132
Phoenix Indian Center, 29, 37, 38-
39
Oklahoma Indians, 26, 125
Omaha Tribe, 132
Papago Cultural Research and Half-
way House, 134, 139, 141
Papago Indian Reservation, 140, 147,
172-179
education, 177-178, 248
employment, 39, 193-197
grants, 280
job developer, 196
mining industry, 16, 198-203, 205-
207
road construction, 173, 224, 229
Paris, Moses, 90
Paternalism, 16-17
Pharmacists, 85
Phoenix College, 124-125
dropout rate, 131
orientation program, 130-131
Phelps Dodge Corp.
housing, 202-203
Indian employment, 193-196, 203-
205
Phoenix Indian Medical Center, 26,
76-77, 80-90
cultural problems, 29
employment, 28
Indian desk, 33
training programs, 78, 85
Phoenix Indian School, 13-14, 101,
103
counselors, 105, 106, 107, 114-115
curriculum, 115
discipline, 109
dropout rates, 112
Indian control, 120
mental health services, 110
staff, 104, 105, 112
students, description of, 111-112
student problems, 103-104, 105,
111
Phoenix Urban Indian Project, 26, 27
Pima County, 139-141
R
Religion, 97, 103, 104
Reservation Indians
Arizona Civil Rights Commission,
265-268, 270-271, 273
Arizona Commission of Indian Af-
fairs, 266-267, 272-274, 282
Arizona State Employment Serv-
ice, 213-214
construction, 60, 62, 70, 192, 221-
222, 258-259
economic growth, 280-289
education (see also Education),
20-21, 91-100, 209-210, 245-250
employment, 18-20, 21-22, 193-
209, 272-274
health services (see also Indian
Health Service), 18, 22-23, 46-
49, 54, 75-76
housing, 72, 84, 98-99, 202-203,
241-242
Indian Special Emphasis Program,
179-184
industrial parks, 185-186, 241-242
land ownership, 282-283
law and order, 18, 60-61, 122-123,
153, 156-167
medical training programs, 54
mining industry, 198-203, 205-207
schools, 94-95, 102, 104, 106-107,
108, 111, 125-126, 209-210
social services, 42
special problems, 15
taxes (see Taxes)
traders on reservation, 124
Road construction on reservations,
60, 62, 256, 229, 236, 273
Salt River Indian Reservation,
224, 229
San Carlos Apache Indian Reser-
vation, 220-221
Navajo Indian Reservation, 224,
233, 234, 235
499
Salt River Indian Reservation
education, 248
grants, 280
legal counseling, 148
road construction, 224, 229
town-hall gathering, 267
San Carlos Apache Indian Reserva-
tion, 57-71, 211-214, 220-222
SAT tests, 113
Science Curriculum Improvement
Study Program, 249
Seminole Indian Reservation, 182
"Show cause" notices, 190, 191
Social services, 37, 42
South Tucson, 35-37, 39, 41, 43-44
Indian Center Board of Directors,
138
law enforcement problems, 142-143
Southwest Forest Industry, 68, 209
Indian employment, 215-218
Southwest Indian Youth Center,
149-150, 278
halfway houses, 151-152
Southwest Lumber Company, 68-69,
121-122
Southwestern Creative Writing Proj-
ect, 249
Special Indian Youth Employment
Programs, 250
Standard of living, 11, 16
State of Arizona, 150-151, 265-266,
274
Statements
Commissioner Freeman: Opening,
1-3, 7-9; Closing, 218-220
Commissioner Ruiz: Rules, 3-6,
10-11
Suicide rates, 73-74
Summer employment program, 234
Taxes
Indian land, 15, 17, 24
Johnson-O'Malley funds, 92, 99
lease-hold, 256
State programs, 150-151, 274, 282-
283
tax status, 283
Teacher Corps, 117
Teachers
Arizona State University faculty,
128, 131
Bureau of Indian Affairs schools,
101-109, 120
counseling, 102-106, 114-115, 125-
127, 131
Indians, 93-97, 171
recruitment, 108
salaries, 97
screening of, 21
training program, 131-132, 254
Tourism development, 17
Traders on reservation, 124
Transportation
in employment, 38, 173, 177, 184,
185, 196, 200-201, 212, 229, 241
in health services, 31, 39-41, 44,
58, 62-63, 80, 89
Tribal court, 122-123, 148, 156-159,
163
juvenile offenders, 149, 151
Tribal Health Department, 89
Tribalism, 48-51
Tucson Indian Center, 34-39
U
Unemployment
Arizona Commission of Indian Af-
fairs studies, 273
rate, 2, 8, 167, 172, 184
on reservation, 67, 104, 181, 182,
184, 211, 273
school dropout rates, 104
United Way, Phoenix Indian Center,
29
University of California at Berkeley
Indian Health Service training
program, 50, 53, 77, 87-88
University of Oklahoma
medical training program, 78, 88
Urban Indian Center, 282
Urban Indians (see also Nonreserva-
tion Indians), 11, 15, 34-35, 106
assistance from Four Corners Re-
gional Commission, 285-286
health services, 39-44, 46-49, 50-
53, 75-76, 107
U.S. Civil Service Commission, 33
Bureau of Indian Affairs employ-
ment, 20, 244-245
Indian Health Service employ-
ment, 77-78
U.S. Commission on Civil Rights,
7-12
factfinding commission, 138
U.S. Department of Agriculture, 283
U.S. Department of Commerce, see
Economic Development Admin-
istration
U.S. Department of Health, Educa-
tion, and Welfare (see also
Indian Health Service; Teacher
Corps), 151
500
health services, 56, 76
National Institute of Mental
Health, 151
scholarships, 129
teachers, 131
U.S. Department of Housing and
Urban Development, 44, 70-71
home improvement program, 72
U.S. Department of Interior (see
also Bureau of Indian Affairs;
National Park Service), 157
U.S. Department of Justice (see also
Law Enforcement Assistance
Administration)
FBI, 156
U.S. Department of Labor, «ee Office
of Federal Contract Compli-
ance ; Neighborhood Youth
Corps
Utah State Department of Educa-
tion, 99-100
Voting rights, 2, 8
W
Welfare, 17, 23, 42
White Mountain Apache Indian Res-
ervation, 63-71, 118-124
Bureau of Indian Affairs and
tribal council, 207-211
education, 118-121, 209-210
Four Corners Regional Commis-
sion assistance, 285, 286
law and order, 122-123
it U.S. GOVERNMENT PRINTING OFFICE: 1974 O— 604-808
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