Missing from the Oct. 26 Gallup-McKinley County Schools Board of Education meeting agenda was an item about a joint lawsuit GMCS and 16 other state school and one charter school district filed against the New Mexico Public Education Department, calling the actions of the department secretary “unlawful.”

Superintendent Mike Hyatt explained the suit to the Sun Oct. 27.

“The lawsuit is about the secretary of education overreaching his authority and marginalizing citizens and their elected board members across the state,” Hyatt said. “The suit also contains action against the state for taking dollars from schools that were supposed to be for COVID-related expenses.”

According to the suit, while the governor and the secretary of health have legal authority to take action in a public health emergency, no such legal authority exists for the secretary of education to supersede the roles of local school boards or local superintendents.

There are no public health orders issued by the governor or the secretary of health declaring public schools to be unsafe as of Oct. 23. In the absence of any such declaration, the local authorities retain the right to determine the best method to deliver educational services, so long as they are delivered in accordance with properly-issued public health orders.

Schools were closed on March 13 by an order from the governor. This order was followed by “countless directives” from the PED secretary. The lawsuit alleges that these directives amount to unpublished PED regulations in accordance with the State Rules Act, thus having no legal effect.

The suit further alleges other PED directives mandate school leaders take actions which violate state law and the state constitution, including a requirement that schools pay employees and contractors for services not rendered during school closures and turn over cleaning supplies and paper goods to private child-care centers, both of which are violations of the constitution’s Anti-Donation Clause.

By implementing these directives, the suit also alleges the PED amended the General Appropriations Act adopted in this summer’s special legislative session, which reduced state funding to schools by taking a portion of this direct federal funding in violation of federal law.

Ultimately, the districts filing the suit are asking the court void any PED directives not backed by statutory or constitutional authority.

The court is also asked to recognize and reaffirm the local authority that rests with local school boards and superintendents, including the power to design and implement a safe and efficient educational system that addresses community expectations.

Lastly, the court is asked to require that PED restore funding that was unlawfully diverted from schools.

The item about the suit against NMPED was removed from the meeting agenda because GMCS school district’s attorney was unavailable.

“As far as I know, there have not been any updates [or progress made] on the suit,” Dist. 1 Board Member Kevin Mitchell told the Sun Oct. 29. “Right now, we’re just hoping to hear about a court date.”

Other items on the agenda included an increase in enrollment, and credits earned by McKinley Academy students.

Hyatt told those in attendance that there is a 19 percent increase in the online studies program, “It was great to see enrollment in this program increase from 360 students last spring to 429 students this fall.”

Hyatt said 180 of the enrolled students requested Wi-fi hotspots, which the district was able to provide. There are currently no open requests for hotspots.

Another highlight was the number of credits earned by McKinley Academy students. In the spring, there were 2,130 credits earned, whereas this fall there is potential for up to 3,746 credits to be earned.

“What that number shows is students are likely taking more online courses, maybe because they have the time and capacity to now,” Hyatt said. “That is a significant increase in credits, given only the 19 percent increase in students.”

Hyatt said this is the first year students will be able to graduate with an associate’s degree. Fourteen students will receive two associate’s degrees, which is the result of students being enrolled for three years.

Mitchell shared his excitement for the graduating students.

“This is something that’s been a long time coming, and I’m ecstatic that we’re finally going to get some graduates their high school diplomas along with their associate’s, and a couple with double degrees,” he said.

The enthusiasm was shared by Dist. 3 Board Member Priscilla Manuelito.

“With this program, we’re covering a vast number of students and reaching more of them in the rural areas,” she said. “I want to continue to support them as much as we can and provide the resources they need to make this program a success.”

Hyatt also shared other statistics about growth across GMCS. Namely, the district, for the first time in years, exceeded enrollment of 13,000 students in the district, making GMCS the fifth largest district in the state in terms of student population.

“Some of that number came from students coming back to the district, and then because of New Mexico Destinations Career Academy that attracted 1,400 more students to our district,” he pointed out.

He also mentioned the district is providing between 10-to-11,000 meals a day for students, which are being delivered to bus stops along with a weekend food program. The meals are for students who are learning from home or who are able to take a meal home for the weekend.

By Cody Begaye
Sun Correspondent

Artist Shannon Gurley O’Donnell talks ‘Native Beauty’

Watercolor can be a difficult medium for some artists to grasp because of the necessary attention to detail and technique. But one artist working with Gallup Arts is rising to the challenge.

Gallup Arts Executive Director Rose Eason hosted a virtual artist talk with Shannon Gurley O’Donnell Oct. 13 about the newly opened Native Beauty exhibit being hosted at the ART123 gallery through Nov. 7.

WHERE IDEAS COME FROM

O’Donnell, from Gallup, but now living in Phoenix, discussed the exhibit, which is about the generations of people who have called the Gallup region home, and the artwork and visual culture that has become synonymous with Gallup.

“Just painting local Native Americans, I thought it would be a great idea,” O’Donnell said. “I started looking through reference photos to see where I could start.”

She said she has always loved the Navajo hair bun, which is reflected in one of her watercolor paintings shown during the talk.

“A lot of times I would see the traditional outfits like in the [Gallup] Ceremonial growing up. A lot of the outfits were red, which is why I included a red outfit in this painting,” O’Donnell said, indicating one of her works on display.

The artistry that Navajo people have demonstrated can be seen on a daily basis, which is something O’Donnell admires.

“They wear art,” she said.

A NEW KIND OF ART

Painting Native garb and designs is something new for O’Donnell, she said.

“I wanted to do this before, but I get kind of intimidated to go down different lines [of art],” O’Donnell said. “I think ‘what if I don’t get it right?’ That comes up with every painting. But then I think to just go for it. If it doesn’t work, you can just toss it out.”

This is a process she goes through for each piece.

O’Donnell discussed another painting featuring a pair o moccasins and a black skirt with color patterns, which she called Sacred Dance.

“I have always thought Zuni moccasins were so cool because of the way they wrap from near the waist down,” she said. “Then as I was painting the moccasins and then the skirt in the painting, I thought I wanted to see one in person. I wanted to feel the texture of it, I wanted to see what it feels like and what the materials are, to see how they can make it so colorful and vibrant.

“Everything is so intentional [in the design],” she continued. “I know there’s a lot of meaning and symbolism within the culture on these designs. I can’t speak to that, but I know it is all intentional, and that also caught my eye.”

Eason commented on the medium and how it can reflect the subject.

“Watercolor is a difficult medium because it requires an attention to detail and discipline, such as the wrapping of the moccasins or the patterns on the skirt,” Eason said.

O’Donnell agreed that the use of watercolor is intentional, much like the artwork she admired. She also discussed her methods of preserving the whites in her paintings, which Eason said can be difficult for some artists.

“I tend to be what some people call a watercolor purist,” O’Donnell said. “Some people use an opaque white, but I preserve my whites by not painting on that section [of the canvas] or I use a resist, which is almost like rubber cement, on all the areas I don’t want paint to go on.”

Once an area is painted over, you will lose the pristine quality of the whites on the canvas, O’Donnell said. But this technique can be used to create some vibrant color contrasts.

GROWING APPRECIATION

O’Donnell brought up a spiritual side to each painting she makes, in that she hopes to channel the energy of the subject she is painting.

“I always ask before I paint that whomever or whatever I paint to come through me,” O’Donnell said. “And I almost feel things, I can’t really explain it. Like, I feel the material of the moccasins. I asked to be guided by whatever spirit, energy, I don’t care what people call it. There’s a oneness there.”

This idea was reflected in a third piece O’Donnell shared, which depicts a young girl in a traditional jingle dancer dress that O’Donnell saw in a photo of the Gallup Inter-Tribal Indian Ceremonial in 2019.

She talked about how she was enamored by the girl’s regalia in the photo, and in painting it she was able to see and appreciate it in ways she may not have in the past.

“It was fun to capture those details, because in painting them I’m forced to notice them. Because I can’t paint them unless I notice them,” she said.

The idea of being able to feel the material of the clothing and hear the jingling of the bells as it was painted carried over to a fourth painting O’Donnell shared, which was of a white buffalo dancer [see cover] from a previous Ceremonial.

“I had to think it through from the start, like ‘how am I going to do this?’” she said. “As you paint for years, you constantly perfect your techniques. Having watched many Ceremonials and just hearing the dancers, I’ve seen them enough to realize I was able to capture that feeling.”

ART123 is open by appointment Tuesday through Saturday from 1 pm -  5 pm each day. Call (505) 488-2136 to schedule.

To see more of Shannon Gurley O’Donnell’s work, visit her Instagram account at https://www.instagram.com/paintings_by_shannon/.

By Cody Begaye
Sun Correspondent

Alternative care site readied to cope with COVID-19 resurgence

At a time when COVID-19 numbers are on the rise on the Navajo Nation, the Chinle Community Center in Chinle, Ariz. has been called into service as an isolation site for individuals who test positive for the coronavirus, in order to help reduce and prevent the spread of the virus among Navajo Nation members.

On Oct. 6 the Navajo Nation Office of the President and Vice President listed 17 new cases of the virus and one more death. The day before that, there were 11 new cases. Oct. 4 saw 19 new cases and one death, Oct. 3 had 17 new cases and Oct. 2 had 34 new cases and two recent deaths on the Navajo Nation.

While there were at least two days over the past week that had no reports of recent deaths, the numbers are climbing again.

Vice President Myron Lizer, who visited the Chinle Community Center Oct. 5, said isolation is an important component of healing the community.

“When the Navajo Nation is dealt a virus that impacts multi-generational homes, the isolation of positive COVID-19 patients is essential to reduce the spread of the virus,” Lizer stated. “Our Navajo citizens can utilize this 50-bed facility to recover from the virus. Our Nation’s goal is to bring the daily positive cases to zero.”

Lizer visited with Navajo Department of Health Executive Director Dr. Jill Jim at the Chinle facility which features four nursing stations to cover each aisle of the 50 isolation units with hospital beds, a single sitting-chair oxygen tank, trash can, hygiene care packages that include a surgical face mask, medical examination gloves, hand sanitizers, and disinfecting towelettes for patients.

A triage area with a newly built ramp will allow for intake and departure of patients.

There is also a designated space for rehabilitation for COVID-19 patients to participate in physical activities while in isolation.

Patients will be fed, showered, cared for and monitored during their isolation time. Board games have been included for the patients during their recovery.

Medication is accessible for patients’ use and doctors will be available at the facility.

PAE, a company working with the Navajo Dept. of Health is serving as the joint logistics and medical integrator for the Nation’s COVID-19 response. It will assist in operating the Alternative Care Site.

PHOENIX, Ariz. – Navajo Nation President Jonathan Nez was among several Arizona tribal leaders who met with presidential candidate Joe Biden and vice presidential candidate Kamala Harris, during a visit held at the Heard Museum in Phoenix, Ariz. to discuss tribal priorities and the Biden-Harris Plan for Tribal Nations, which was made available to the public on Oct. 8. Cindy McCain, wife of late U.S. Sen. John McCain of Arizona, was also in attendance.

“Today’s meeting sends a message to all of Indian Country that the Biden-Harris team is ready to work together with all tribes, including the Navajo Nation. As the first people of this country, we have to let our voices be heard at the highest levels of government when it comes to issues that impact our people and our communities. With the previous Obama-Biden Administration, tribal nations had a seat at the table throughout their two terms in office and that’s what the Biden Harris team is willing to restore if elected to office. Today was a great opportunity to engage with former Vice President Biden and Senator Harris, to let them know our priorities based on the special government-to-government relation that tribes have with the federal government,” Nez said.

During the discussion with Biden and Harris, President Nez highlighted the need for federal partners to work with the Navajo Nation to move forward with infrastructure development projects to provide clean water, electricity, broadband, and roads for more Navajo people.

Among other priorities, he also spoke about the need to improve the health care system for tribes to improve health disparities, supporting economic development, educational priorities, remediating uranium mining sites, water rights settlements, solid waste management, and improving public safety.

The Biden-Harris campaign also released its Plan for Tribal Nations which states, “Joe Biden and Kamala Harris are committed to upholding the U.S.’s trust responsibility to tribal nations, strengthening the Nation-to-Nation relationship between the United States and Indian tribes, and working to empower tribal nations to govern their own communities and make their own decisions.”

The Biden-Harris campaign engaged tribal leaders during the development of the plan, and included their input and recommendations. The plan states if they win the election, the Biden-Harris team will reinstate the annual White House Tribal Nations Conference, appoint Native Americans to high-level government positions, appoint judges who understand federal Indian law, ensure fulfillment of federal trust and treaty obligations, promote meaningful tribal consultation, defend the Indian Child Welfare Act, and strengthen self-governance.

“Early voting has begun and we urge everyone to cast a ballot and exercise their right to vote. We appreciate the Biden-Harris team’s invitation to tribal leaders and their commitment to meeting with us face-to-face to build and strengthen that relationship with tribes and the Navajo people. We encourage all Navajo people, living on and off the Navajo Nation, to let their voices be heard by voting in the upcoming Navajo Nation, state, and federal elections,” Nez added.

Other tribal leaders in attendance included Tohono O'odham Nation Chairman Ned Norris, Jr. Gila River Indian Community Governor Stephen Roe Lewis, Hopi Tribal Chairman Timothy Nuvangyaoma, and San Carlos Apache Tribal Chairman Terry Rambler.