isleta tribal court r pueblo of isleta in my o · pdf filegovernor frank e. lujan petitioners...

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ISLETA TRIBAL COURT PUEBLO OF ISLETA ISLETA, NEW MEXICO ENDOSED FILED IN MY O R FFICE THIS APR 9 2012 CLERK, ISLETA TRIBAL COURT Isleta Tribal Council Governor Frank E. Lujan Petitioners v . Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent INTRODUCTION OF WITNESS LIST AND EXHIBIT LIST Now Comes, Respondent, Diane L. Peigler, Tribal Councilwoman, hereby respectfully presents to this Court an Introduction of Witness List and Exhibit List. The following list of witnesses may be called upon to provide testimony. All witnesses are either or both Isleta Tribal Members and/or employees of the Pueblo of Isleta. The Witness List is as follows: 1. Names of witnesses and a brief synopsis of their testimony: a. Verna Teller: is expected to provide testimony on the Isleta Tribal Constitution, Article III, Rights of Members, regarding civil rights of tribal members as former Governor of Isleta Pueblo. b. Robert Cherino: is expected to provide testimony on what transpired during the Tribal Council Meeting held on Tuesday, 20 February 2012. c. Lupita Cherino: is expected to provide testimony on what transpired during the Tribal Council Meeting held on Tuesday, 21 st February 2012. d. Angie Jojola: is expected to provide testimony on what transpired during the Tribal Council Meeting held on Tuesday, 20 February 2012, the unlawful proceedings held on this date. e. Priscilla Chewiwi: is expected to provide testimony on what transpired during the Tribal Council Meeting, in particular (1) Tuesday, 21 st February 2012 — in particular the unlawful removal of Councilwoman Peigler from her elected position. (2) Chewiwi will provide testimony regarding the inappropriate Page 1 of 4

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Page 1: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

ISLETA TRIBAL COURT PUEBLO OF ISLETA ISLETA, NEW MEXICO

ENDOSED FILED IN MY OR

FFICE THIS

APR 9 2012

CLERK, ISLETA TRIBAL COURT

Isleta Tribal Council Governor Frank E. Lujan

Petitioners

v . Case No: CV-R0-0515-2012

Diane L. Peigler, Councilwoman Respondent

INTRODUCTION OF WITNESS LIST AND EXHIBIT LIST

Now Comes, Respondent, Diane L. Peigler, Tribal Councilwoman, hereby respectfully

presents to this Court an Introduction of Witness List and Exhibit List. The following list of

witnesses may be called upon to provide testimony. All witnesses are either or both Isleta Tribal

Members and/or employees of the Pueblo of Isleta. The Witness List is as follows:

1. Names of witnesses and a brief synopsis of their testimony:

a. Verna Teller: is expected to provide testimony on the Isleta Tribal Constitution, Article III, Rights of Members, regarding civil rights of tribal members as former Governor of Isleta Pueblo.

b. Robert Cherino: is expected to provide testimony on what transpired during the Tribal Council Meeting held on Tuesday, 20 February 2012.

c. Lupita Cherino: is expected to provide testimony on what transpired during the Tribal Council Meeting held on Tuesday, 21 st February 2012.

d. Angie Jojola: is expected to provide testimony on what transpired during the Tribal Council Meeting held on Tuesday, 20 February 2012, the unlawful proceedings held on this date.

e. Priscilla Chewiwi: is expected to provide testimony on what transpired during the Tribal Council Meeting, in particular (1) Tuesday, 21 st February 2012 — in particular the unlawful removal of Councilwoman Peigler from her elected position. (2) Chewiwi will provide testimony regarding the inappropriate

Page 1 of 4

Page 2: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

delivery of the February 24, 2012 Restraining Order by 1PD. (3) Chewiwi is also expected to provide testimony on the March 8, 2012 Telephone Call to IPD Dispatch and (4) March 21, 2012 Tribal Council Meeting-Due Process Hearing of Tribal Councilwoman Diane Peigler and the violent and aggressive conduct of Councilwoman Cynthia Jaramillo towards Councilwoman Peigler at the conclusion of said Hearing.

f. Linda Zuni: is expected to provide testimony on the number of IPD Officers involved in the arrest of Diane L. Peigler, Tribal Councilwoman.

g- Monica Papuyo: is expected to provide testimony on the arrest of Diane L. Peigler, Tribal Councilwoman.

h. Rhiannon Chewiwi: is expected to provide testimony regarding the March 8, 2012 Telephone Call to 1PD Dispatch regarding child welfare and the March 21, 2012 Tribal Council Meeting-Due Process Hearing on Tribal Councilwoman Diane Peigler and the violent and aggressive conduct of Councilwoman Cynthia Jarainillo towards Councilwoman Peigler at the conclusion of said Hearing.

i. Seferino Lente: is expected to provide testimony regarding the August 11, 2011 Tribal Council Meeting and the conduct of Vice-President Joseph R. Lucero and other Tribal Council Members.

j. Joe Padilla: is expected to provide testimony regarding the August 11, 2011 Tribal Council Meeting and the conduct of Vice-President Joseph R. Lucero and other Tribal Council Members.

k. Nick Padilla: is expected to provide testimony regarding the August 11, 2011 Tribal Council Meeting and the conduct of Vice-President Joseph R. Lucero and other Tribal Council Members.

1. Paul Padilla: is expected to provide testimony regarding the August 11, 2011 Tribal Council Meeting and the conduct of Vice-President Joseph R. Lucero and other Tribal Council Members.

m. Paul Jiron: is expected to provide testimony regarding the August 11, 2011 Tribal Council Meeting.

n. Diego Jiron: is expected to provide testimony regarding the August 11, 2011 Tribal Council Meeting and the conduct of Vice-President Joseph R. Lucero and other Tribal Council Members.

o. IPD Chief Vernon Alvarez: is expected to provide testimony regarding the September 29, 2011 attempt to illegal remove Councilwoman Diane L. Peigler and Councilwoman ReGina J. Zuni from the Isleta Tribal Council Chambers;

Page 2 of 4

Page 3: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

February 21, 2012 Tribal Council Meeting and other meetings pertaining to Tribal Councilwoman Diane Peigler's illegal removal from Tribal Council.

p. IPD Captain Kevin Mariano: is expected to provide testimony regarding the October 3, 2011 Meeting, September 29, 2011 Tribal Council Meeting, February 21, 2012 Tribal Council Meeting, March 8, 2011 Call to IPD Dispatch, March 21, 2012 Tribal Council Meeting and any other meetings pertaining to the illegal removal or ejection of Councilwoman Diane L. Peigler and Councilwoman ReGina J. Zuni from any Isleta Tribal Council Meeting.

q. IPD Lt. D.J. Miller: is expected to provide testimony regarding the February 21, 2012 Tribal Council Meeting pertaining to Tribal Councilwoman Diane Peigler's illegal removal from Tribal Council.

r. 1PD Sgt. Harry Powers: is expected to provide testimony regarding the February 21, 2012 Tribal Council Meeting, the improper delivery of February 24, 2012 Restraining Order on February 25, 2012 and any other meetings pertaining to Tribal Councilwoman Diane Peigler's illegal removal from Tribal Council.

s. IPD Sgt. Juan Reyes: is expected to provide testimony regarding the February 21, 2012 Tribal Council Meeting.

t. IPD Officer Lisa Cheromiah: is expected to provide testimony regarding the February 21, 2012 Tribal Council Meeting and the arrest of Tribal Councilwoman Diane L. Peigler for Disorderly Conduct.

u. IPD Dispatcher Melissa Holland: is expected to provide testimony regarding the March 8, 2012 telephone called placed to IPD on March 8, 2012

v. Sheriff Herman Lente: is expected to provide testimony regarding the February 21, 2012 Tribal Council Meeting. Delivery of all documents/information to Tribal Councilwoman Diane L. Peigler.

w. Undersheriff Robert Chewiwi: is expected to provide testimony regarding all Tribal Council Meetings regarding the behavior of all Tribal Council members. Delivery of all documents/information to Tribal Councilwoman Diane L. Peigler.

x. Rochelle Mariano: is expected to provide testimony regarding all Tribal Council Meetings where she was in attendance as Tribal Council Administrative Assistant.

y. Caroline Dailey: is expected to provide testimony regarding the telephone phone call on March 8, 2012 to IPD Dispatch and Caroline Dailey's letter dated March 9, 2012 to Governor Frank Lujan and both Lieutenants Torres and Chewiwi.

Page 3 of 4

Page 4: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

2. Introduction of Exhibits to be used in the upcoming hearing:

a. Isleta Tribal Council unedited / un-redacted Meeting Minutes per the subpoena; b. Isleta Tribal Council unedited audio recording per the subpoena; c. Surveillance video of the Isleta Tribal Council Chamber per the subpoena; d. IPD Standard Operating Procedures (SOPs) regarding the process in handling

calls by IPD Dispatchers per the subpoena e. Logs of IPD Incoming Calls on February 25, 2012 and March 8, 2012 per the

subpoena f. Joseph Richard Lucero (DoB: 07/08/60) Isleta Police Department (IPD) Uniform

Incident Report - Number: IP2012-0077 - two pages; g. IPD Incident Narrative - Number: 1P2012-0077 - one page; h. Cynthia Jaramillo (DoB: 2/27/65) - Valencia County Detention Center Booking

Authority Form - one page; i. Cynthia Jaramillo - Plea Agreement (Case Number: CR-268-07) - two pages; j. Cynthia Jaramillo - Apology Letter to Victim - one page; k. Cynthia Jaramillo - Respect Statement to Victim - one page; 1. Affidavit of Melissa Holland - one page; m. Letter from Caroline Dailey - three pages; n. Affidavit of Chief Vernon Alvarez - one page; o. Affidavit of Captain Kevin Mariano - one page;

ctfull 4011117-. .110

VA( Alf j .0/11.■ AN.

Pane L. Peigler, lsl 2 Tribal Road 10

Bosque Farms, New Me 87068 (505) 315-0590

CERTIFICATE OF SERVICE

The undersigned hereby certify that a true and correct of the foregoing INTRODUCTION OF WITNESS LIST AND EXHIBIT LIST was forwarded to Pablo H. Padilla, Jr. on this day of April, 2012.

Diane L. Peigler, Isleta Tribal Councilwoman

Councilwoman

Page 4 of 4

Page 5: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

OCCURRENCE DATE(S) DATE REPORTED UNIFORM INCIDENT EPORT

ORI NO.

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Page 6: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

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Page 7: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

IP20120077 Incident Narrative

On Monday, January 23, 2012 I was dispatched to Hard Rock Casino Employee parking lot, 11000 Broadway Blvd. SE regarding threats.

Upon arrival I met with Diane Peigler. Peigler advised she was attending an Isleta Tribal Council meeting at the Hard Rock Casino discussing Isleta Pueblo Tribal issues. At some point during the meeting Isleta Pueblo Vice President Joseph Lucero advised Peigler to "Keep her mouth shut". Peigler asked, Vice President Lucero "Are you talking to me". A short time later the Council meeting was adjourned and would be re-scheduled to convene at a later date and time. Peigler also informed me, she did take Vice President Lucero's comments as a threat.

NOTE: Case close pending further investigative leads.

Perno, K M. #309 Isleta Police Department 1-23-12

Page 1 of 1

Page 8: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

/so

ADDRESS OF SUBJECT?0.15-70 q-s- OA, TELEPHONE Sao -4"t (34

fTere.44, &.)64.

r NSPORTING ICER

BOND:

2. MISDEMEANOR

1. FELONY Committed in my presence I have reasonable cause to believe that the arrested committed the

Felony listed below.

43( Committed in my presence 1 I q 1 07 Co5

Citizen's Arrest

CHARGE SECTION AND CODE DEGREE CRIME TITLE

t-(- Zq (tAi--0030,14-Az A-sutrA,c-t 4 `j." E-R-ct

VALLACIA COUNTY DETENTION LATER EC F

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fi IV

JUL 1 0 2007 (Please Print)

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PLEASE DETAIN: .....SAteArt44...L.0 C u ' pu-n--#1 A

Last Name First L - I rvE roktucie(cAs

Middle Age Ethnicity

ARRESTED PERSUANT TO: (check appropriate reason for the arrest)

3. OTHER AUTHORITIES

Commitment (J&S)

Probation

Foreign Warrant

Mental Evaluation

Local Warrant Parole

Protective Custody / Detoxification Hours

COURT

District Magistrate Municipal 'Tribal Other

Judge A. A- lesLiTrA ARREST LOCATION:

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. .titPt14-_ --4-k1 49,,... City Date ime

REMARKS:

RECORDS CLERK A ESTING OFFI

Location of Vehicle

Page 9: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

ISLETA TRIBAL COURT 505 - 869 - 651C

FAX. 505- 869 -8138

PUEBLO OF ISLETt P.O. Box 729

PUEBLO OF ISLETA, ISLETA. NM 87022

Plaintiff,

v. Case No.: CR-26, 2 - 07//

Cy', /II Ops a. /pi Ls Defendant.

PLEA AGREEMENT

The Pueblo of lsleta and Defendant hereby agree to the following disposition of this case:

A. Plea: The Defendant agrees to plead cA;7 0 CONTES (circle) to the following offense(s):

t/Ssei.., /f gt./7/ p c,,r.s u /-

The following offense(s) will be Dismissed Not Filed (circle):

/Vol. iteplico.ile

B. Terms: The Defendant understands that the plea is pursuant to the following terms and conditions:

1. That the Defendant will comply in full with the following mandptes: 6 mo t% -ths Sup ervii ece et /114 anaTe/vi -0471; t2 00 -Pink) I NO 1'4r 6"Ve'

'Fly po..,-(9. by 1 /30/09;.$15- coot/` cosftof2 pexa. 130/08 9 itoof-s Cotnento, f2ly

Slew i tz; A/. /,' - ozr °v.:45y It t cd.4 t-, wtjtfien ly 1111/08; "IA it;c62.

how adu Ifs S a (..) Nesra Cl• -to hi /Att.& t J.:I dr -e,‘ .t for.e e.„ est pro6o.i . No additional criminal charges and

(7C) traffic charges 00 traffic charges where a fine of $25.00 or more could be imposed (X) alcohol-related traffic charge

during probation if probation is mandated.

Page 10: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

Defendant

1,1

4.0 N Pta ;h.1

2. That the following charge will be deferred and dismissed upon successful

Pb

3. That this agreement, unless rejected or withdrawn, serves to amend the complaint, indictment, or information to charge the offense to which the Defendant pleads, without the filing of any additional pleading. If the plea is rejected or withdrawn, the original charges are automatically reinstated.

4. Unless, this plea is rejected or withdrawn, the Defendant hereby gives up any and all motions, defenses, objections, requests, or appeals which he has made or could make to the Court's Entry of Judgment against him and imposition of a sentence consistent with this agreement.

5. If after reviewing this Agreement and any presentence report the Court concludes that any of its provisions are unacceptable, the Court will allow the withdrawal of the plea, and this Agreement shall be null and void. If the Plea is withdrawn, neither the plea nor any statements arising out of the plea proceedings shall be admissible as evidence against the Defendant in any criminal proceedings.

I, DEFENDANT, have read and understand the plea, terms and conditions. I, DEFENDANT, understand that by pleading GUILTY or NO CONTEST I will be giving up my right to a trial by jury, to confront, cross-examine, and

/ compel the attendance of witnesses, and to appeal the Entry of Judgment. I, DEFENDANT, understand that if, as part of this agreement, I am granted

V supervised or unsupervised probation, the terms and conditions of this Agreement are subject to modification in the event that I violate any of the terms or conditions imposed. I, DEFENDANT, understand that the Court has the discretion to modify the

terms and conditions of this Agreement to achieve a just disposition, and if the sentence is modified, I understand that I have the right to withdraw my plea.

I have reviewed this Agreement with my client and believe that my client understands both the provisions of this Agreement and his/her rights under the law.

I io 9/2o08 Date

Defense Counsel

I have reviewed this matter and affirm that the plea and disposition se orth above is appropriate and in the interest of justice.

//e,to

/20e) ;7 D

d/-0?9-d(52 Date

compliance with terms of probation.

Date

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FILED IN MY OFFICE THIS

JAN 1 1 2008 A Lei,

CLERK, ISLETA RIBAL COURT

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Page 12: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

RESPECT °° IN MY OFFICE THIS

JAN 1 1 2008 CLERK, 1SLETA IBAL COURT

Respect is a quality of human nature that is more often than not lacking in people, but it is a quality that is learned, and one that is never too late to learn.

Respect is a learned attitude that is taught at home at a young age. Often, parents and adults alike tend to overlook the fact that they are setting the example for the young. Regardless of whose child they may impress upon, the adult's behavior is observed and is taken as acceptable behavior, good or bad.

Respect has many different meanings. Respect for another human being is the most important for the mere fact that we are all human beings regardless of race or age. An adult must respect the fact that a child is dependent upon them and learns by observing. As children grow, the learned behavior of respect, or lack of it becomes a part of who that child is.

In order for a community to survive and remain cohesive in its culture, the people of that community learn to respect and appreciate one another and know that each is an important part of the community.

As generations grow and change, it is important that each take the role as teacher and leader for the generations behind them. This means giving respect to everyone—from the youngest to the oldest and honoring them for who they are—their fellow brothers and sisters.

The illnesses and afflictions of today's society—violence and drugs are representative of the human's lack of respect. As a community, each individual has a responsibility to himself and his family to be an upstanding citizen in order to make the world a better place for everyone. As the New Year is beginning, everyone in the community should examine his or her values and make a sincere effort to be a better person. By doing this, it's not too late to find that each one of us can be that person we want to be. It takes work, but a person can learn that even the smallest gesture holding the door for the person behind you, saying nice things to your children and listening to what they have to say— these mean a lot and are the best ways to begin.

Love your children, show them and teach them what respect is. They are the future leaders, and what they learn, they will carry throughout their lifetime— most importantly they will in turn teach their children. We all want what is best for our children, but it is up to us as parents and the entire community to be their teachers and role models as good and respectful people.

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OFFICIAL SEAL JUANA M. JIRON

Notary Public State of New MI

My Comm. Expires 7

vQ-

Notary Pub

et,

AFFIDAVIT OF MELISSA HOLLAND ISLETA POLICE DEPARTMENT DISPATCH

I, Melissa Holland, being duly sworn upon oath, do hereby depose and state the following:

1. I served as Dispatcher for the Isleta Police Department.

2. On March 8, 2012, I was on duty as Dispatcher and received a call from Diane Peigler.

3. The attached Transcript of the call is a true and correct copy of the conversation between me and Diane Peigler.

4. I subjectively felt that the comments made by Diane Peigler to me during this call were an attempt to threaten me if I did not do as she directed and that she was trying to tell me how to do my job as Dispatcher.

Further affaint sayeth naught.

Melissa Holland'

I, itiCin , i14. 6 Kr , a Notary Public of the State of New Mexico, County of Be rn& I I o , hereby certify that Melissa Holland personally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day and having been by me duly sworn deposes and says that the facts set forth in the above affidavit are true and correct.

Witness my hand and official seal this the iq day of ,&lavz'i-1 , 2c? l Z

1

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Attachment to Affidavit of Melissa Holland

Transcript of telephone call March 8, 2012

[ISLETA POLICE, HOW MAY I HELP YOU?) HI, WHO AM I SPEAKING TO? THIS IS DIANE PEIGLER. [HI DIANE. THIS IS OPERATOR 534.] OK. HOLD ON. HOLD ON. I CAN BARELY HEAR ANY. I CAN BARELY HEAR YOU. UM I JUST GOT A CALL FROM A SHARON TENORIO. SHE SAID THAT THE OFFICERS ARE GIVING HER A HARD TIME. WHO ARE THE OFFICERS THAT ARE THERE? [I CAN'T GIVE YOU THAT INFORMATION, MRS. PEIGLER] WELL, OK. WELL THEN YOU KNOW THAT SHE'S HAVING A PROBLEM WITH HER CHILDREN AND I BELIEVE CHILDREN ARE INVOLVED. UM UM. THE ISSUE IS THAT SHE'S WORRIED ABOUT HER CHILDREN AND UH AND I THINK YOU BETTER CALL SOCIAL SERVICES BECAUSE I DON'T WANT IT TO GO DOWN BAD ON THE PD. IT'S GONNA SOUND REAL BAD FOR THE PD. [UM. I'M SORRY I CAN'T GIVE YOU ANY INFORMATION ON THIS CALL. OK?] I DIDN'T ASK YOU TO GIVE ME ANY INFORMATION. WHO AM I TALKING TO? [THIS IS OPERATOR 534, MRS. PEIGLER] 5..3..4 OK NEVERMIND. I'LL CALL THE CAPTAIN. THANK YOU. [OK THANK YOU] BUH-BYE

Page 15: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

March 9, 2012

TO: Governor Frank Lujan Lt. Governor Edward Torres

Lt. Governor Antonio Chewiwi

FR: Caroline Dailey, LISW

DEPT. OF SOCIAL SERVICES 505-859-2772

FAX: 505-869-5923

ti 1; pi. 11 E I_S (,'D 1__. 1 LE I '

i li) iv i A R 8 REC:D LILI ___,, f

i f ,

.--,

P.O. BOX BOX 1270 ISLETA, NM 87022

RE: Compliant of Interference and Intent to Int idate

On the evening of Thursday, March 8, 2012 between the approximate hours of 4:30 pm to 6:30 pm and

in my role and capacity as the on-call Social Worker with Isleta Social Services, I encountered the

following experience:

An Isleta Police Officer and myself were visiting with a 13 year old female and her biological father

regarding a situation that had arisen the previous evening and into this specific day. The specifics of the

situation with the family will not be included in this document in an effort to protect the anonymity of

the child and family. During the visit, the father received what appeared to be a return call from Regina

Zuni. He told her that he needed help right away as the police and social services were there. I heard

her tell him that she would be right over after he identified me as the social worker that was there. A

short while later as we were near the conclusion of our meeting with the family, Regina and her sister,

Linda Zuni showed up to the residence. They came into the house, Regina greeted me and I responded

likewise. She then proceeded to walk through the dining room into the living room seating herself on

the couch within earshot of our meeting with the family. Her sister, Linda stayed in the dining room

standing right behind the dining room chair in which I was seated. This was in close proximity to the

nearest door going outside. Since the family didn't appear to mind that they were there and since there

didn't appear to be any evidence to suggest that they might excuse themselves, we concluded our

meeting by wrapping up our plan for the child and family and left. Linda Zuni maintained her position by

the door, making no effort to move as we exited the home.

I believe that all individuals, especially families and children that we work with, have a right to find and

build a network of support with whomever they want and feel comfortable with. I value and appreciate

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that and it is also a philosophy that is consistent with social work values and ethics. In this case,

however, I can't help but feel that Regina made her presence known in an effort to intimidate and bully

her way into this situation. What she didn't say in words was obvious in both her and her sister's body

language and posturing. I would have appreciated her acknowledgement that we were busy with the

family and to excuse herself until we were finished. Even prior to that, I would have appreciated her

encouraging the family to finish their work with us and law enforcement and then be available for the

family afterwards, if need be. In hindsight, I thought I should have asked her to excuse us until we

finished. Neither of those scenarios occurred.

I feel that my work and law enforcement's work with the family was interfered with and intruded upon.

I have an ethical responsibility to those that we provide services for and to provide an environment

which facilitates safe, private and non-threatening communication. We embrace the working

relationships that we build with our clients and encourage them to allow programs to assist them in

whatever struggles they may be experiencing. Some of these families experience struggles outside of

the normal 8 to 4:30 work day. Social Services is on call 24 hours a day with an on-call social worker on

a weekly rotation schedule. The on-call is intended to be for emergency situations that the police

notifies us of. I understand that we are one of the programs that are under microscope and scrutiny by

Regina Zuni and Diane Peigler and I assume that we are a topic in their newly developed community

meetings that have been organized by them. If this is the case, I don't appreciate them interfering in our

work with our families to gain information for whatever their purposes might be. Further, this was on

my time, law enforcement's time and the family's time. Any person with any dignity and respect for

privacy would have excused themselves or at the very least demonstrate appreciation for the sensitive

issue that we refer to as confidentiality. Any lay person gets that from common sense.

Later on that evening, I received a page from the police department to which I responded. I was

informed by the dispatcher that the Sergeant on duty requested that I call her on another on-call

matter. The dispatcher further informed me that Diane Peigler called and instructed them to notify the

worker on call or she would be talking to the Captain. I contacted the Sergeant at the dispatcher's

request, not at the demand of Diane Peigler, and the on-call situation was dealt with. It's not clear if

these two individuals are acting in their capacity as Tribal Council Members on suspension or if they

truly are concerned as citizens of this community and its' members. I tend to believe their behavior and

what I feel is interference is motivated by self-serving intentions. I don't appreciate nor am I intimidated

by it, however, their behavior is obviously meant to intimidate by throwing their weight around. I am a

member of this Tribe, speak the language fluently and embrace our culture and traditions. Why and

how these two individuals are allowed to possess this level of control is beyond my belief. Their actions

are unacceptable and intolerable. I am proud to be a member of this tribe but frankly am very

disappointed that they have been allowed to behave in this manner for as long as they have. I don't

want to have the department's other worker's on call to experience this type of interference when it

comes their time to be on call. I believe that the Pueblo of Isleta has an ethical responsibility to protect

its' workers from undue harassment and preventing a work place environment which festers hostility

and disharmony.

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As a Social Worker with the Pueblo of Isleta, I have appreciated the support the Governors and

Lieutenants have given the program all these years. 1 appreciate it when you redirect families back to us

and thus allowing us and the families an opportunity to problem solve together. We don't dictate to

families what they have to do. We make every attempt to partner with them and come up with

solutions together. We embrace our client's strengths and congratulate them on their successes.

Sometimes, families are upset with us for confronting them on issues that are uncomfortable for them

to hear. We appreciate that and we know that they will often complain if things don't go their way. But

we also have many families that verbalize appreciation for allowing them to work on issues at their pace

in order to build capacity to function as healthy individuals. I feel that this interference by these two

individuals contribute to sabotaging any kind of progress we may be making in building healthy working

relationships with our families.

With that said, I would like to request assistance in this matter. Our program has been under attack by

Diane Peigler and "their followers" for as long as I have been here. I don't believe that I have ever

heard one word of praise from her in the entire 15 years that I have been back home. Each time I have

been before council in her presence, I feel that we are on the defense. We are a program that provides

training to other P.L. 93-638 programs and have been asked to serve on review committees to evaluate

other Tribal programs. I believe that our program is resilient and we have a very low staff turnover. Our

program is run entirely on grant monies and has been for several years. I feel we have a quality

program with staff commitment and dedication. We don't settle for mediocrity in our role as helpers.

Please advise on this matter. Thank you for taking the time to address this request.

Respectfully,

Caroline Dailey, LISW

Program Director

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I

AFFIDAVIT OF VERNON ALVAREZ ISLETA POLICE CHIEF

I, Vernon Alvarez, being duly sworn upon oath, do hereby depose and state the following:

1. I served as the Chief of Police for the Isleta Police Department.

2. On March 1, 2012, Councilwoman Diane Peigler and Councilwoman ReGina Zuni met with me and IPD Captain Kevin Mariano at their request.

3. The meeting was recorded on audio and video by me personally.

4. The attached video clip is a true and correct copy of the recording.

5. The attached Transcript is a true and correct transcript of the meeting. Given some inaudible portions, there may be small, insignificant grammatical errors or discrepancies in the Transcript.

6. I consider the various comments made by Diane Peigler and ReGina Zuni during the meeting as attempts to interfere with an ongoing criminal investigation and intimidation on how IPD should conduct its police work.

Further affaint sayeth naught.

0114,1/ Vernon Alvarez

I, cit.4 c. n , a Notary Public of the State of New Mexico, County of (3 c rai I (c) , hereby certify that Vernon Alvarez personally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day and having been by me duly sworn deposes and says that the facts set forth in the above affidavit are true and correct.

gacwoval thi the day of , i OFFICIAL SEAL d arj& Notary Public

State of New Mexico , N 4 V oireS e'l/t/it ° '

1{7t71,4,■..,."

Notary Public My Commission expires:

1

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AFFIDAVIT OF KEVIN MARIANO ISLETA POLICE CAPTAIN

I, Kevin Mariano, being duly sworn upon oath, do hereby depose and state the following:

1. I served as the Captain of Police for the Isleta Police Department.

2. On March 1, 2012, Councilwoman Diane Peigler and Councilwoman ReGina Zuni met with me and IPD Chief Vernon Alvarez at their request.

3. The meeting was recorded on audio and video by Chief Alvarez.

4. The attached video clip is a true and correct copy of the recording.

5. The attached Transcript is a true and correct transcript of the meeting, to the best of my knowledge. Given some inaudible portions, there may be small, insignificant grammatical errors or discrepancies in the Transcript.

6. I consider the various comments made by Diane Peigler and ReGina Zuni during the meeting as attempts to interfere with an ongoing criminal investigation and intimidation on how IPD should conduct its police work.

Further affaint sayeth naught.

Kevin Mariano

I, -j LI A 11‘t 14 • 3 iniv-sx , a Notary Public of the State of New Mexico, County of "-P,1-,-1 a I', a , hereby certify that Kevin Mariano personally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day and having been by me duly sworn deposes and says that the facts set forth in the above affidavit are true and correct.

y hand atlitafg; seat s the day of ko-✓ .2-1:‘ , ( .

JUANA M. JIRON Notary Public

State of New Mexico My Comm. Expires `7411.' 1 )

^.01IF

My Commission expires: 7 / q / Notary Public

1

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ISLETA POLICE DEPARTMENT

P.O. BOX 699

505.869.3030 ISLETA, NM 87022

poi06024©isletapueblo.com

Page 21: ISLETA TRIBAL COURT R PUEBLO OF ISLETA IN MY O · PDF fileGovernor Frank E. Lujan Petitioners v. Case No: CV-R0-0515-2012 Diane L. Peigler, Councilwoman Respondent ... R-FIRJOIOUS

ISLETA POLICE DEPARTMENT

P.O. BOX 699

505.869.3030 ISLETA, NM 87022

poi06024®isletapueblo.com