Police chief placed on leave in feud

WINDOW ROCK, April 10, 2008

Officers within the Navajo Department of Law Enforcement said they were stunned to hear Tuesday of the decision by Public Safety Division Director Samson Cowboy to put Police Chief Jim Benally on administrative leave.

Cowboy hasn't explained his reasons for putting Benally, who has been police chief for the past two years, on leave, either to the press or to members of the police force.

But one officer thought it was odd that Benally's removal came just a few days after six of the department's eight lieutenants send a letter to President Joe Shirley Jr. and Vice President Ben Shelly outlining a list of grievances against Cowboy.

"We thought he was doing a good job," said the officer, asking that his name not be used because police have been directed by their supervisors not to speak publicly about the matter.

Cowboy said late Wednesday that all he could say was that "this is an internal matter dealing with personnel issues."

None of the criticism brought out in the letter was directed at Benally, although it mentions a letter that Cowboy sent to Benally in one of the complaints.

The six lieutenants who signed the letter to the president's office - copies also went to council delegates - are Henry Moore, Dempsey Harvey, Francine Bradley, Clifton Smith, Emerson Lee and Tully Jim Sr.

Police Lts. Kee Thinn, who is stationed in Kayenta, and Duane Billsie, who is usually stationed in Chinle but is currently on administrative leave, did not sign it.

The six lieutenants said they are so concerned about the issues they raised that they are planning on filing harassment and related charges with the Navajo Labor Commission if Shirley ignores their call for an investigation.

They also talked about the possibility of collectively resigning or taking early retirement.

What they want is an independent investigation "with appropriate disciplinary measures taken" against Cowboy.

Cowboy: No merit

Most of the charges against Cowboy deal with statements he reportedly made at one time or another or actions he has taken that have affected police personnel.

In a response to the charges, Cowboy said Wednesday, "There is no merit to these accusations to warrant initiating an official investigation."

"These lieutenants are disseminating misleading information without establishing facts and are calling for disciplinary action without substantiating wrongdoing on my part," he added.

Cowboy, who has served as public safety director since the beginning of Shirley's first administration, has been praised by Shirley on several occasions for his job performance.

On Wednesday Shirley was in Washington, D.C., preparing to go before the Committee of Natural Resources and has not said anything publicly about the letter or Cowboy's response.

Shirley spokesman George Hardeen helped Cowboy release his point-by-point response to the charges.

Here are the complaints and Cowboy's responses:

1. Cowboy has displayed unstable management and leadership and has refused to follow directives of the Government Services Committee. At one point Cowboy wrote in a letter to Benally that he felt the directives were "null and void."

Cowboy responded that these accusations were unfounded and that he is following the directives.

2. Cowboy has referred to himself in a memo as both the public safety director and police chief.

Cowboy said this was a typo that was immediately corrected.

3. Cowboy is secretive in the management of grants and tribal funds, telling officers that there is no money while at the same time a recent memo by LoRenzo Bates, chairman of the tribe's Budget and Finance Committee, shows that the department has $14.9 million in carryover funds.

Cowboy said grants are handled by other tribal departments and there is nothing secret about them. He said the $14.9 million is actually $19 million and represents carryover funds for all departments under public safety and not just the police department.

4. Cowboy used more than $97,000 to fund the public safety division's annual conference at a time when "we know the division is in dire need of funding." Each district was required to send 10 persons to the conference, which caused problems to staffing and patrols.

Cowboy replied that the conference was held for the benefit of employee development and public education and that the funds came from a federal '638 grant to pay for employees to attend. The division also recouped some of the expenses through exhibit and registration fees.

5. The department has been inundated with directives from Cowboy about following the chain of command while he disregards this by going to lower echelon personnel without notifying their supervisors. Some of his remarks to these personnel discredit their commanders.

Cowboy's response is that there are no "operational commanders."

6. While saying he supports current changes in the department, Cowboy actually does the opposite to "accommodate personal and political satisfaction." This is similar to his plan to eliminate all of the police captains by hiring Benally to carry this out. Just recently, he has changed his decision and ordered Benally to work with the captains.

Cowboy said Benally was directed to realign the department based on the six R's: recruitment, retention, retirement, readiness, realignment and respect. He added that no realignment has occurred since the Government Services Committee did not support it.

7. Cowboy said he would do everything possible to stop the acquisition of the Mobile Command Unit. He also refuses funding assistance from other agencies and businesses that would like to help in the purchase of things like police uniforms, equipment and mandated training.

He also has stood in the way of modernizing infrastructure at the Dilkon Police District headquarters.

Cowboy said this misstates his position. He said he fully supports the acquisition of the Mobile Command Unit and any other equipment, as long as it was purchased through the proper protocol.

8. Cowboy uses lies and gossip to discredit operation commanders. He is accused of telling one Shiprock sergeant, "Why do you support your lieutenant. He doesn't care. Get rid of him."

Cowboy denied saying this, pointing out the irony of using unattributed hearsay to accuse him of gossiping. He said the actual quote concerned an injured officer who was seeking assistance from someone other than his direct supervisor.

When he did this for the third time, Cowboy said he asked why the officer's direct supervisor wasn't assisting him, asking, "Where's your lieutenant? Doesn't he support the troops?"

9. The department's principal accountant recently resigned because of attempts by Cowboy to manipulate funds within the division while Benally declined to say how and when the funds should be properly used.

Cowboy said this accusation is untrue, saying the accountant resigned because she relocated and sold her house. As for the budget issue, Cowboy said Benally made budget changes outside of established protocol.

10. This accusation refers to a situation that occurred in November 2005 when a triple homicide occurred that involved a department shotgun that had been issued to a sergeant, who is now retired. She was allowed to retire instead of being investigated. The deaths of Vicki Benally, Lars Yazzie and Bobby Fulton led to the arrest of several people who are awaiting trial.

Cowboy said no one is allowed to release information about a homicide while it is still under investigation because it would jeopardize the prosecution of the case. He said that this accusation is once again based on "unfounded conclusions."