The Azee' Bee Nahághá Of Diné Nation: Strategic Planning & Management Strategies For The 21st Century

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Authors Begay, Derwin Brian

Publisher The University of Arizona.

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Link to Item http://hdl.handle.net/10150/593496

THE AZEE’ BEE NAHÁGHÁ OF DINÉ NATION: STRATEGIC PLANNING &

MANAGEMENT STRATEGIES FOR THE 21ST CENTURY

by

Derwin B. Begay

______Copyright © Derwin B. Begay 2015

A Thesis Submitted to the Faculty of the

GRADUATE INTERDISCIPLINARY PROGRAM IN AMERICAN INDIAN STUDIES

In Partial Fulfillment of the Requirements

For the Degree of

MASTER OF ARTS

In the Graduate College

THE UNIVERSITY OF ARIZONA

2015 2

STATEMENT BY AUTHOR

This thesis has been submitted in partial fulfillment of requirements for an advanced degree at the University of Arizona and is deposited in the University Library to be made available to borrowers under rules of the Library.

Brief quotations from this thesis are allowable without special permission, provided that an accurate acknowledgement of the source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the copyright holder.

SIGNED: Derwin B. Begay

APPROVAL BY THESIS DIRECTOR

This thesis has been approved on the date shown below:

May 13, 2015 _ Dr. Manley A. Begay Jr. Date Professor of American Indian Studies

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ACKNOWLEDGEMENTS

diyin din , níłch’i diyin, hinááh azeé áá é é ááł óó á á á á

I want to acknowledge and thank my Chair, Dr. Manley A. Begay Jr., and committee members, Dr. Ronald L. Trosper, and Dr. Benedict J. Colombi, for challenging me, and for your patience, guidance, and friendship throughout this undertaking. I want to thank Shidá'í Mr. Steven S. Benally and Mr. Leroy Thomas, Shi Randy Begay and Yázhí Irene Yazzie and your families who shared their stories, songs, prayers, teachings, and wisdom. You enlightened and inspired me. I wish you each good health and happiness. I especially want to thank my wife, Kimberly, daughter and son, Sara and James, for your love, support, understanding, prayers, songs, and patience. You are my strength and I love you! For your unending love, support, prayers, and songs, I want to thank my father and mother, Abraham & Rose Begay, and siblings Starlena, Abralene, Marius, and Monty, and of course mother-and father-in-law, Ladonna and the late Reverend George E. Daingkau; my Oklahoma family; Curtis, Karlene, Jess and my nieces and nephews. Also, ł Ł , the fireplace as well as ł and clans. I appreciate the Azee’ Bee Nahághá of Diné Nation (ABNDN) Inc. administration and its members who approved me to pursue this research and who allowed me to share this important story. It’s been inspiring, challenging, rewarding, and truly one that I enjoyed. I want to thank the American Indian College Fund, the American Indian Graduate College Fund, Navajo Nation Scholarship Office, and Dr. Edward Lewis for your generous financial support. To my mentors and your families for your prayers and support along my journey of education: Dr. Mary J. Moseley, Dr. Richard M. Wheelock, Dr. Kathleen S. Fine-Dare, Dr. Byron 4

Dare, Mr. Greg Redhouse, Mr. Steven Martin, Native American Student Affairs Director, and many others, you know who you are. For my Teesto, Wheatfield and Seba Dalkai families my heartfelt thanks to: David & Geraldine Clark; Jimmy & Irene Clark; Kee & Alta John family; Charles & Rita Clark family; George & Jenny Clark family; Vern Clark family; Raymond Jack Clark family; and aunties Amelia and Juanita and their families; Dudley & Alice Yazzie family; Bob & Lily Walters family; Gus & Mary Sandoval family; Wallace & Donna Begay family; Evelin & the late Thomas Begay Sr. family; David & Sharon Begay family; Leonard Begay family; Stetson Begay family; Alvin & Marilyn Clark family; and Henry Billy family.

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DEDICATION

This thesis is a tribute to the legacy of the founders of the Native American Church of Navajoland Inc. (NACNL), now Azee’ Bee Nahághá of Diné Nation Inc., as one of the most misunderstood and controversial religious organizations in the United States, established on the Navajo Nation. The information that is interwoven as part of this thesis is a representation of the Nitsáhákees – Thinking; Nahat’á – Planning; Iiná – Livelihood; and Sihasin – Protection of its founders, past and current leadership. I dedicate this to all current and future leaders and their families toward fulfilling the true vision of the founders. I honor the Diyin Din , Níłch’i Diyin, Hinááh Azeé, Azeé Bee Hooghááł, Bihonik’e’ dóó Bee Nahagháhí the principles of Nitsáhákees, Nahat’á, Iiná, d Sihasin, sododizin d sin…all powerful energies that provide guidance and strength for the Azee’ Bee Nahághá of Diné Nation to continue to grow and strive forward – . I also want to acknowledge and honor the late Hola Tso, former council delegate; the first NACNL administration including David S. Clark, President; James Notah, Vice President; Robert Shorty, Jr., Secretary; Anson C. Damon, Treasurer; Dudley Yazzie, and all preceding leaders and their families, and countless others; you know who you are. Lastly, I want to pay homage to the late Mr. and Mrs. Jack and Marie Clark who inspired me and who I treasure and miss. I also want to pay homage to my late paternal grandparents, Hastiin the late Mr. and Mrs. Naash B (the planters son) & Elizabeth Begay; (Curly Mustache); (Red Mustache); Ashkii (Laughing Boy); Leonard Tsosie; (Black Mountain Man); and (Tall Skinny Man); who were part of the Deeshgiizhnii, T and clans…Ah ane’. 6

TABLE OF CONTENTS ABSTRACT ...... 10

EXECUTIVE SUMMARY ...... 11

RESEARCH INTRODUCTION OVERVIEW ...... 16 Statement of the Problem ...... 16 Purpose of the Research Questions ...... 18 Definition of Terms ...... 18 Research Paradigm ...... 21 Limitations of Study ...... 24 Ethical Considerations ...... 25

CHAPTER ONE: : INTRODUCTION ON THE BACKGROUND HISTORY OF NAVAJO WAY OF LIFE ...... 28 The Struggle to Organize Against Anti-Peyote Policies in the United States ...... 29 Adaptation and Transformation of Navajo Peyotism ...... 33 Medicinal Research of Peyote ...... 37 Education Policies of Assimilation ...... 39 Constitutional Legality ...... 41 Resolution No. CJ-I-40 ...... 43 Navajo Peyote Struggles ...... 44 A New Beginning ...... 50 Azee’ Bee Nahághá of Diné Nation Inc. Leadership...... 52 Azee’ Bee Nahághá of Diné Nation Inc. Community Today ...... 54

CHAPTER TWO: : REPORT, EVENTS & OVERALL CHALLENGES FACING AZEE’ BEE NAH GH OF DIN NATION INC (ABNDN) ...... 56 Azee’ Bee Nahághá of Diné Nation Inc. Events ...... 59 Overall Challenges Facing the Azee’ Bee Nahághá of Diné Nation Inc ...... 63 Priority Challenges ...... 66 The Mormon Church as a Comparison Model for the ABNDN ...... 77 Current Environment of the Azee’ Bee Nahághá of Diné Nation Inc ...... 81 Working Relationship with Community & Businesses ...... 81 Working Relationship within ABNDN ...... 82 The ABNDN Context ...... 85 Funding ...... 88 Financial Management ...... 90

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TABLE OF CONTENTS CONTINUED

CHAPTER THREE: NAHAT’ : UNDERSTANDING NONPROFIT, FOR-PROFIT & PRIVATE BUSINESS ORGANIZATIONS MANAGEMENT & STRATEGIC PLANNING TECHNIQUES ...... 94 Nonprofit Organizations ...... 95 For-Profit Organizations ...... 98 Success Factors & Challenges in Nonprofits ...... 99 Understanding Nonprofit Organizational Structures ...... 102 Theory: Incorporating For-Profit, Private Business Management & Strategic Planning Techniques into Nonprofit Organizations ...... 108 Strategic Planning ...... 110 Performance Measures & Balance Scorecard ...... 114

CHAPTER FOUR: IIN : OVERALL RECOMMENDATIONS ...... 121 Recommendation I: Nominating Committee ...... 121 Recommendation II: Trustees ...... 123 Recommendation III: Board of Trustees Principles & Subcommittees ...... 127 Recommendation IV: Board of Trustee Terms...... 130 Recommendation V: Lead Board of Trustee Official ...... 131 Recommendation VI: Board of Trustee Secretary ...... 131 Recommendation VII: Selection & Evaluation of the President ...... 132 Recommendation VIII: Trustee Relationship to Executive Officials/Administration ...... 133 Institutional Management ...... 135 Recommendation I: Stability ...... 135 Recommendation II: Distinction points between the Board of Trustees & the ABNDN Administration...... 136 Institutional Transparency ...... 137 Recommendation I: Internal Control Policies, Process & Protections against “White Collar Crimes” ...... 137 Recommendation II: Transparency...... 138 Recommendation III: Vice President for Communications ...... 139 Recommendation IV: Conflicts of Interest ...... 139 Recommendation V: Financial Transparency ...... 140 Financial Analysis of the ABNDN ...... 141 Annual Reporting ...... 144 Summation...... 145

CHAPTER FIVE: SIHASIN: RECOMMENDED ACTIONS FROM AN INSTITUTIONAL GOVERNANCE, MANAGEMENT & FINANCIAL PERSPECTIVE ...... 146 Commendation ...... 147 Elders ...... 147 Din Culture, Langauge & Education Focus ...... 147 Youth & Students...... 149 The ABNDN Community ...... 149 8

TABLE OF CONTENTS CONTINUED

The ABNDN Trustees ...... 149 Next Steps for ABNDN ...... 150 Board Redevelopment ...... 151 Establish Effective Institution of Governance...... 151 Creation of an ABNDN Elder’s Council ...... 152 Integration of Core Values into ABNDN Governance ...... 153 Documentation of Ethical Standards of Behavior based upon Mission & Core Values ...... 154 Creation of ABNDN Youth Council ...... 156 Establish Alternative Sources of Revenue...... 157 Professional & Graduates Development Department ...... 158 Description of Potential ...... 158

CHAPTER SIX: Y Ł Ł: CONCLUSION ...... 160

APPENDIX LISTS ...... 8 APPENDIX A: ABNDN Research Report Survey Questionnaire ...... 162 APPENDIX B: University of Arizona, Human Subjects Determination (Institutional Review Board Documentation)...... 168 APPENDIX C: ABNDN Thesis Letter of Approval...... 170 APPENDIX D: Navajo Nation Council Resoluition CJ-1-40 ...... 174 APPENDIX E: The Laredo Times, April 24, 1968 News Article ...... 175 APPENDIX F: Navajo Nation Resolution CYJ-52-05- NNC Title 17 Amendments 1-7 ...... 176 APPENDIX G: American Indian Religious Freedom Act Amendments of 1994 ...... 183 APPENDIX H: Navajo Nation Proclamation ...... 186 APPENDIX I: Sample Board Member Contract ...... 187 APPENDIX J: Sample Board Orientation Checklist ...... 189 APPENDIX K: Sample Performance Measurements ...... 191 APPENDIX L: Sample Board Job Description ...... 192 APPENDIX M: Sample Accounting Policies & Procedures Content ...... 194

REFERENCES ...... 195

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LIST OF FIGURES

LIST OF FIGURES 1: Natural Distribution of Peyote Map ...... 28 LIST OF FIGURES 2: Williamsi...... 37 LIST OF FIGURES 3: NACNL Delegation Picture Outside Dever, CO Courthouse ...... 46 LIST OF FIGURES 4: Azee’ Bee Nahághá of Diné Nation Inc. Official Seal ...... 50 LIST OF FIGURES 5: Signing of Navajo Nation Proclamation ...... 51 LIST OF FIGURES 6: Navajo Nation Chapter District Map...... 54 LIST OF FIGURES 7: The Nation-Building Approach ...... 56 LIST OF FIGURES 8: ABNDN Inc. Detailed Current & Future Structural Ideas ...... 58 LIST OF FIGURES 9: Overall Challenges Facing the ABNDN ...... 64 LIST OF FIGURES 10: Example Two Year Time Line ...... 76 LIST OF FIGURES 11a: Mormon Church Structure ...... 78 LIST OF FIGURES 11b: ABNDN & Mormon Church Structure Comparison Model ...... 80 LIST OF FIGURES 12: Navajo Nation Demographics ...... 87 LIST OF FIGURES 13: 8 Primary Groups of NPO ...... 97 LIST OF FIGURES 14: Competing Values Framework ...... 104 LIST OF FIGURES 15: The Strategy Change Cycle ...... 112 LIST OF FIGURES 16: Translating Vision and Strategy: Four Perspectives ...... 116 LIST OF FIGURES 17: Managing Strategy: Four Perspectives ...... 118 LIST OF FIGURES 18: ABNDN Financial Auditing Processes Ideas ...... 138

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ABTRACT

The Azee’ Bee Nahághá of Diné Nation (ABNDN) Inc. is a critical element to the formation and maintenance of, protection, preservation, promotion, and fostering of Navajo peyote ceremonial history, culture and identity. The Navajo people have developed and established the

ABNDN in a manner that can only be described as "persistence". The purpose in which the

ABNDN has been established, the day to day functions of its leadership and the internal operational management planning and strategies structures are not entirely understood by many. This Master's thesis analyzes the ABNDN's past and current initial concerns. This thesis analyzes different theoretical sources on the topic of strategic planning and management, seeking to find new ways of approaching the ABNDN's concerns in finding solutions to be more efficient to ensure their stability for future generations. 11

EXECUTIVE SUMMARY

“The business side of the ABNDN organization needs to have control, organized and have an ethics system in place to account for funding, spending…our focus is to organize and straighten up the business side of the corporation not the spiritual…because as members they are already watching over and taking good care of the spiritual aspects as members with their love, hope, faith and charity…” (ABNDN Official, 2013)

The task of the Azeé Bee Nahaghá of Diné Nation Inc., Executive Officers and Board of

Trustees is to move in a forward strategic manner in establishing a governing and management structure reflective of their purpose, statement of faith and goals of the Azeé Bee Nahaghá of Diné

Nation (ABNDN). Their purpose as an organization is:

Article III. Purpose Section I. The purpose of the ABNDN, Inc. is to foster, promote, protect, and preserve the teaching of Hinááh Azeé following the principles of Nitsáhákees, Nahat’á, Iiná, and Sihasin. Second, is to enhance self-reliance, self-respect, sobriety, charity, rightful living and work for unity in the meaningful use of Hinááh Azeé in bona fide Azeé Bee Nahaghá. Third, is to advocate, support, sustain and conduct traditional healing that cultivate mental and social wellbeing, seek harmony, balance, and strive for the common goods. Section II. The Azeé Bee Nahaghá of Diné Nation, Inc. is a non-profit charitable institution functioning within the perimeters of the governments guidelines as found in Section 501 (c)(3) of the Internal Revenue Code of 1986 (or the responding provisions of any future United States Revenue Law). Article IV. Statement of Faith We believe in the sacred Hinááh Azeé (herb medicine) that was given to us since time immemorial by the Diyin to heal our body, mind, and soul. We take Hinááh Azeé as a sacrament to commune holistically with Diyin (Holy Spirit), through meditation, prayer, and song for healing and good health. We embrace, instill, and seek the Diyin (Holy Spirit) to live the sacred path of Azeé Bee Nahaghá for healing and blessings. Living a righteous life requires respecting the sacred elements; Mother Earth, Father Sky, Fire, Water, Air (Níłch’i Diyin), and . These sacred elements are giver of life. Hinááh Azeé is a sacred divine healing herbal medicine, and the Bee Nahagháhí are our protectors. We respect, honor, and follow the principles of Azeé Bee Hooghááł, Bihonik’e’ dóó Bee Nahagháhí teaching. Azeé Bee Nahaghá is a sanctuary; it guides, sustains, and protects us as we journey through our lives. (Azeé Bee Nahaghá of Diné Nation, February 8, 2014, p. 2)

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In order to assist the Azeé Bee Nahaghá of Diné Nation Executive Officers and Board of Trustees in this endeavor; I proposed to research, analyze, and provide a thesis on the institutional structure of the Azeé Bee Nahaghá of Diné Nation (ABNDN) focusing on four administrative functions: board of trustees, executive officials, chapter leaders, administrative assistants. The purpose of this thesis will be to provide the ABNDN leadership with Management and Strategic Planning

Strategies that other nonprofit, for-profit and businesses are practicing within their organizations as re-structuring model ideas, in hopes of establishing a more efficient & effective organization for the future.

In order to complete this task, this research methodology followed Din traditions, culture, spirituality and the Azeé Bee Nahaghá of Diné Nation paradigm. As such, a peyote ceremony was conducted for this research and attendance to four peyote ceremonies throughout the year. These peyote ceremonies were led by ordained Azee’ Yee Naha h (ABNDN practitioners) to search for governance and management answers, as well as direction for this project. In addition, I traveled and attended ABNDN quarterly general meetings, ABNDN board of trustee meetings and special meetings set for the year at various chapter districts across the Navajo Nation. In this process I conducted interviews with current and past ABNDN executive and board of trustees regarding the organization’s structure. A questionnaire was distributed to the trustees, executive and chapter officials of the ABNDN Inc. I also reviewed, examined, and analyzed documents of the ABNDN

Inc., that included their constitution and by-laws, their national charter of incorporation, the financial and decision-making structure, and various business and organizational models on strategic planning, program evaluation, and management. I then compared and contrasted these models with the Native Nation-Building theoretical framework to uncover the most appropriate cultural fit to meet the vision and goals of the ABNDN. I reviewed books and articles related to 13 this topic and subject. Continuous communication and guidance from the current ABNDN administration was important. This thesis provides an analysis of the background of the ABNDN

Inc., the current environment of the ABNDN Inc., and current internal restructuring in progress.

Finally this thesis provides recommendations of practices that the ABNDN must continue, in addition to recommendations and changes that need to be developed based upon the resources researched.

While the ABNDN has challenges to overcome, it does have the potential to be one of the most stable American Indian religious nonprofit 501 (c)(3) organizations in North America.

ABNDN leaders and its members have hope and faith that the ABNDN will become a vibrant and efficient functioning organization, which represents its constituents well. ABNDN wants to continue to build upon the relentless work of their elders and founders to become an organization which continues to spiritually “…foster, promote, protect, and preserve the teaching of Hinááh

Azeé following the principles of Nitsáhákees, Nahat’á, Iiná, and Sihasin.” (ABNDN Constitution

2014:2) ABNDN also wants to continue to “…enhance self-reliance, self-respect, sobriety, charity, rightful living and work for unity in the meaningful use of Hinááh Azeé in bona fide Azeé

Bee Nahaghá…” (Azeé Bee Nahaghá of Diné Nation, February 8, 2014, p. 2) ceremonies within their children and constituents. It wants to proceed to “…advocate, support, sustain and conduct traditional healing that cultivate mental and social wellbeing, seek harmony, balance, and strive for the common good,” (Azeé Bee Nahaghá of Diné Nation, February 8, 2014, p. 2) in their children, membership and for future generations.

On the ABNDN business side, they would like to continue to develop their institution and enhance the uniqueness of their organizations business activities by organizing their internal fiscal and programming management structure. They also want to develop an efficient data base file 14 record system. The ABNDN wants to generate an effective fundraising mechanism that will sustain their organization’s activities and costs throughout years and into the future. Finally, the

ABNDN hope to create order, harmony, and balance within their organization as a whole.

The ABNDN purpose, statement of faith, and goals are commendable. Their testimony is impressive, given the enormous amount of complex challenges they have had to endure.

Nevertheless, they have accomplished a great deal and continue to overcome ever increasing challenges. It also bears the liability in the lack of internal structuring in fiscal mechanism, communication, transparency and institutional stability. These areas are currently being redeveloped to meet the needs of its purpose, statement of faith, and goals but they are lacking still in various areas. Most importantly, these areas are preventing the ABNDN from building and sustaining the kind of future it envisions.

According to Dr. Manley Begay Jr. & Associates, “Any model of governance must serve the primary goal of meeting the needs of the organization as expressed in their vision and mission statements.” (M. A. Begay II & Associates, 2010, p. 10) In regards to the ABNDN Inc., does their strategic planning and management structure meet the needs as expressed in their purpose and statement of faith? I believe the answer is not at this time, but it is a work in progress and they can meet their needs with the appropriate planning and management guidance and structures.

This research thesis provides recommendations based on research findings of key for- profit, nonprofit management, leadership success factors desired within nonprofit organizations, and Din cultural and philosophical teachings and understanding.

 Exercises the philosophy of Nitsáhákees, Nahat’á, Iiná, and Sihasin, (Philosophy of K’e teachings in all activities).  Exercise the Din philosophy of duality and balance in all activities.  Involves Full Participation, Collective Decision-Making and Effective Communication Promoting Transparency. 15

 Elders are Critical in the Decision-Making Process.  Increase and Involve the Youth in many and all Activities.  Professional & Graduates, undergraduate, graduate and professional students are critical in future and long term vision of the ABNDN.  Institutional stability, and infrastructure.  Research, education, and development.  Financial accountability, management, organization and strategic planning,  Business networking and community outreach.

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RESEARCH INTRODUCTION OVERVIEW

Statement of the Problem

Historically the ABNDN has overcome various challenges as an institution to protect, preserve, foster and promote the spiritual sacrament known as peyote and the ceremony in which peyote is used by its membership to worship. The ABNDN has been able to do this through its persistence in developing institutional structure, policies and procedures over the years to address many challenges they have been confronted with.

In 2012, former ABNDN President David J. Tsosie administration requested research assistance from students at the University of Arizona. The organization, in a proposal stated three internal institutional challenges that the ABNDN continually faces. Mr. Tsosie explained that the

ABNDN “…currently does not have a full time staff to operate the organization,” (Tsosie, 2012) and that “Due to the voluntary nature of the work and the lack of funds for travel, many times we do not have a quorum to conduct business.” (Tsosie, 2012) These are some of the financial and institutional instability the ABNDN is confronted with. Mr. Tsosie’s administration explained that the following were “…issues that we would like explored and these issues may be complicated and it may take time to research.” (ABNDN Proposal 2012). Below are three other internal and external challenges the ABNDN is confronted with.

A. Goal: Look into the possibility of establishing a payroll deduction with the Navajo Nation, Bureau of Indian Affairs/Education, Indian Health Services, Public Schools, and other entities providing employment to our members. The donation made to organization could be counted as donation to charitable under the guidelines of the Internal Revenue Services. Specifically, we need assistance with the process of setting up such a mechanism to allow for this deduction. B. Goal: A legal review of the Public Law 103-344 and a review of the State Statues of Arizona, Utah, New Mexico, and California would need to be done. The approach would be to see how the language of P. L. 103-344 would be 17

incorporated into the State Statues of the States in question. A review of the State Statues of Utah would be a good model to look at since they have already changed their State Statues to be aligned with the Public Law. We have been told that the Equal Protection Clause of the United State Constitution would make this complicated. C. Goal: Under this section there are three issues to be explored: 1. The process of becoming a registered peyote distributor authorized to harvest peyote and sell to legitimate members of ABNDN. 2. The possibility of buying peyote by the pound rather than by the thousand. This become a problem when the peyote buttons are small and the amount we get is small. 3. The process of importing peyote from Mexico once it becomes legal in the Country of Mexico. The current situation is that the use, transporting, and possession of peyote is illegal and has been for the last 500 years. There is a group that is currently working on this to make it legal. (Tsosie, 2012) (ABNDN Proposal 2012).

Today, the ABNDN continues to be confronted with internal challenges of institutional instability, professional development, transparency, financial accountability, and management concerns. Externally, the ABNDN faces broad challenges of membership, fundraising, outreach, education, maintenance of its resources (land, building structures, dwindling peyote resource) and institutional development. These are a small portion of the challenges the ABNDN has and continues to face.

Although they have been dealt with these challenges they are currently working on developing ways to adapt and adjust to an ever-changing technological society and culture. These changes have just begun, but nevertheless, have and continue to proceed forward. Leadership within the ABNDN has been working diligently to improve the organization with the assistance and input of its membership. These new adaptations and adjustments within the internal and external aspect of the ABNDN Inc., are integral toward building a strong and stable foundation for their future. This thesis highlights some of these challenges and provides new perspectives on ways to approach them in a balanced manner. 18

Purpose of the Research Questions

Four questions arose during and throughout this research. (1) What are the immediate and long term challenges facing the ABNDN Inc., and how are they addressing these challenges? (2)

What types of operational management and planning mechanisms does the ABNDN Inc., currently work within? (3) What kind of operational changes and restructuring are currently being addressed and what is the purpose of these adjustments within the ABNDN Inc.? (4) Finally, in what way and what forms of business management and planning strategies will be most beneficial for the

ABNDN in achieving their goals and in overcoming current and future challenges? The purpose of these research questions is to review and analyze management and business strategies that the

ABNDN is currently utilizing in order to achieve their goals.

These questions emerged and developed throughout and during the research process. The research process included my attendance to the 2013-2014 ABNDN quarterly board of trustees and special meetings; interviews of ABNDN members, current, and past leaders; and through surveys1 (see Appendix A) gathered from the ABNDN leadership. These questions were also developed from my research of scholarly articles, journals, and books pertinent to this study. This process was necessary to gain a better understanding on the ABNDN past and current situation and their outlook for the future as an institution.

Definition of Terms

Throughout this Master’s thesis, the words Azee’, Bee, Nahághá, and Diné will be used to describe the organization that is being analyzed. These words derive from the Navajo language

1 See APPENDIX A: ABNDN Research Report Survey Questionnaire.

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(Diné bizaad) which stems from the Athabaskan linguistic family. Each of these words have a specific meaning, and when expressed, can present symbolic meanings relating to the ABNDN

Inc., ceremonial instruments, ceremonial processes, and nature.

The dictionaries A Vocabulary of the Navaho language; Diné bizaad bináhoo'aah

Rediscovering the Navajo language, an introduction to the Navajo language; The Navajo

Language, A Grammar and Colloquial Dictionary, and The Navajo Language were used to provide translation of the Navajo words mentioned above. According to these works, the translated term Azee’ refers to and means “medicine” (Franciscan Friars 1912: 44; Yazzie E., Speas M.,

Ruffenach, J., & Yazzie 2007: 409, 419; Young 1943:20). Peyote has and is described as a medicine by many indigenous and tribal nation peoples. When this word is used throughout this paper it will be in reference to medicine or the peyote.

The word Bee means “with; by means of it,” when used in this paper, will be in connection with Azee’ and Nahághá. Nahághá means, “ceremony, n. with all its legends, rites and customs, nahagha’, hatqāl’: or by mentioning the kind, as tl’ējl, dziłk’i-ji, night chant, mountain chant etc.”

(Franciscan friars 1912: 52). The word can also be interpreted to mean “performance; religious ceremony.” (Wall & Morgan 1994: 117; Young 1997: 526). The word Diné means “n. the people, i.e., the Navaho.” (Franciscan Friars 1912: 44, Yazzie E., Speas M., Ruffenach, J., & Yazzie 2007:

410; Wall & Morgan 1994: 79).These words will be used to provide non-native and non-Navajo language readers an understanding of their meanings and what it represents when used within the

ABNDN Inc.

The following words and definitions that are provided by the ABNDN leadership within the ABNDN constitution and by-laws for their members and the public’s information will be used within this research. The definitions provided are used and referred to by and within the ABNDN 20

Inc., its business, ceremonies and its membership to elucidate cultural interpretations of the

ABNDN Inc., and its purpose and processes within the organization.

Provisions I. Definitions A. Hin h Azee’ – peyote consumed in the form of whole buttons, fresh, green, dried, much and/or tea in Azee’ Bee Nahághá. B. Azee’ Yee Naha – a member who is authorized and certified to conduct Azee’ Bee Nahághá using Azee’ and Bee Nahágháh C. ABNDN Official – a registered member elected or appointed to serve as an organization official. D. Registered Member – a person with a valid membership card from ABNDN, authorizing them to consume, purchase or transport Azee’ and participate in Azee’ Bee Nahághá. E. Bona Fide Azee’ Bee Nahághá – a recognized and certified Nahaghá using Hin h Azee’ conducted by a certified Azee’ Yee Naha F. Nits kees – Thinking. G. Nahat’ – Planning. H. Iin – Life. I. Sihasin – Rightful living. J. Azee’ Bee Hoog - Herb medicine ceremony. K. honik’eh – Altar.2 (Azeé Bee Nahaghá of Diné Nation, February 8, 2014, p. 2)

The purpose of these definitions is for the reader to have an understanding on what and how the

ABNDN membership understand and relate to these definitions when they are expressed. Using the ABNDN’s own definitions is important because it clearly provides meaning to these phrases from an ABNDN’s perspective, with no assumptions being made from the author to the reader.

The purpose of providing this information is not to mislead the reader, but to provide the proper meaning for these terms with the proper definitions as it is referred to, as they read this thesis.

2 These definitions are not the definitive examples with the words and phrases. They can have a deeper meaning depending on the individuals experience and connections to the meaning of these words and phrases. They can also have differing meanings depending on the geographical location, kinships use and context within which these terms are being utilized between individuals. This is simply what has been stated within the ABNDN Inc. constitution and by-laws as a general definition and meaning attached to them when they are used within these contexts. 21

The words “Institution” and “Organization” will be used interchangeably when referencing the ABNDN throughout this thesis. In respects to ABNDN leaders I chose and try to use the term institution and organization throughout this thesis. Other terms that will be used throughout this thesis is the term “Trustee” or “Board of Trustees,” in place of “Board of Governors” or “Board of Directors.” These terms have similar meaning and are used interchangeably by many nonprofit organizations when referencing the overall governing authority of the nonprofit organization. I chose to use this term base on the philosophical understanding of balance and harmony explained in the research paradigm of Din life systems and the ABNDN core values below. The terms

“Trustees” and “Board of Trustees” seems more appropriate and sensitive in referencing the leadership and the ABNDN Inc.

Research Paradigm

Research within academia has become very strict in the kind of methodologies scholars use to conduct research. Today, researchers are encouraged to use research methods that are appropriate to the discipline they are researching within. American Indian peoples have been encountered with hundreds of researchers looking to archive their way of life. The research methodology used in this thesis is qualitative and quantitative analysis, consisting of interviews, surveys, personal observation and participation, and researching primary and secondary resources.

This research also received consent from the Azee’ Bee Nahághá of Din Nation Inc., Board of

Trustees, administration, its members, the Navajo Nation Institutional Review Board, and the

University of Arizona’s Institutional Review Board (see Appendixes B & C) to proceed with research. 22

This Master’s thesis theoretical framework is based on an indigenous paradigm, specifically the Din life system of “Nits kees – Thinking, Nahat’ – Planning, Iin – Life, and

Sihasin – Rightful living." (Azeé Bee Nahaghá of Diné Nation, February 8, 2014, p. 2), This model system of knowledge and understanding is coded and embedded in the four cardinal directions of philosophical understanding that guides and maintains balance and harmony within the Navajo world. In addition to the four cardinal directions, this holistic paradigm includes land, nature, animals, human beings, and language. These concepts relate to the Diné people’s understanding of how they were created, where they have been, where they are, and where they are going in life.

This system of understanding is instrumental to understanding one’s foundations to their interrelationship, interconnectedness, and the reciprocity among one’s spiritual, physical, and psychological identity, which is further enhanced through ceremonial ritual. This process of understanding through nature is articulated by Wilson Aronilth Jr. in the following:

…mountains were positioned in the four directions, the East, Sisnaa in represents thinking (Nits k s), white shell language, corn, hope, light and is fastened to the earth with a bolt of lightning; the South, Tsoodzi is our planning (Nah a), turquoise language, bean, faith, water and fastened to the earth with a stone knife; the West, Dook’o’oos d (Iin ) abalone shell language, pumpkin, love, unity, air and fastened to the earth with a sunbeam; the North, Dib Ntsaa is our protection of self-identity (Siih hasin), black jet language, tobacco, awareness, pollen, and is fastened to the earth with a rainbow; our doorway Dzi N ood ii, was adorned with soft goods boy and girl (Yo’ A taas Ashkii d At ) and our chimney Ch ool’ was adorned with hard goods boy and girl (Ni z Ashkii At ). (Aronilth Jr., 1994, p. 97).

According to Harry Walter, “Holy Deities reside in their primordial world, which makes up who the Diné people are and their physical surroundings.” (Walters, 2005). The energies of these philosophical understandings move in a sun wise direction (Shá bik’eh). 23

Din cultural histories articulate the different levels of understanding. It is a story of finding identity through an understanding of the four directions, the colors of life, and the meaning of relations and language. This is the foundational knowledge of the Din people in understanding identity, strength, balance and harmony. This reciprocal relationship is exemplified when one perceives and views the world in a circular rather than linear form. Wilson Aronilth Jr. articulates these philosophical relationships to give a better understanding of relationships not only between humans, but of natures’ relationships to each other.

The Eastern Deities are related to the Southern deities, who are related to… the Western Deities, the Western Deities are related to the Northern Deities. The Earth, [while revolving within a sun wise direction] is related to the four parts [and colors of the day]. Then the four Seasons are related to the 12 (Diné) twelve months. [Continuing this circular motion], the sacred Mountains are related to the rain clouds, the rain is related to the rainbow, and plants of all kinds. Father sky or heaven is related to the sacred stars [which guides and watches everything we do, here on Earth]. Also different animals are related, one way or another… (Aronilth Jr., 1994, p. 28)

The above connections continues and reciprocates down to all the different animals, birds, and humans who inhabit this Earth, because we relate to all these elements from Diné stories, language, ceremonies, and through the contours of the landscape. In his articulation, we can see the many levels of relationships and how these relationships between nature and humans place structure within Din people’s lives. This paradigm places humans within a spiritual structure that must be respected and not abused or overstepped. It is a paradigm of “Din syncretism” of traditional teachings on the interconnectedness and reciprocity among nature, environment, animals, plants, and human beings that controls and assures balance and harmony within Din way of life.

The “Mission” and “Goals” represent a ceremony that American Indian scholars must adhere to when conducting research. Certain tenants must be observed and respected such as 24 ceremonial ritual processes within the Din philosophy of understanding. Shawn Wilson explains,

“The research that we do as Indigenous people is a ceremony that allows us a raised level of consciousness and insight into the world.” (Wilson, 2008, p. 11) Researchers are not conducting

Indigenous research in its ordinary meaning but rather at a different level of understanding.

This thesis is a qualitative study using an oral history methodology of storytelling narratives obtained from Din ABNDN leaders and elders. It involved unstructured and semi- structured interviews to gather data on the critical elements of the ABNDN organization’s internal and external structure. This data will be gathered using the incorporation of Din cultural history that is embedded in songs, prayers, stories and ceremonies of the ABNDN organization. The third phase in this research process will be to examine primary and secondary sources on the history of

Din peyotism. After this process is completed, the data was assessed to accurately and objectively explain themes and patterns that are consistent within the data. The patterns and themes emerging from the data will accurately explain the ABNDN organization’s function to protect ABNDN members, the practice of peyote ceremonialism, and against challenges this organization faces today and in the future to protect, preserve and promote the traditional use of peyote ceremonialism among the Din .

Limitations of Study

This is not a comprehensive study of all possible organizational management and planning strategies suitable for the ABNDN organization. This is also not a complete study of the issues and concerns of the ABNDN but only a small glimpse of the overall ABNDN internal and external organizational management and planning structure challenges. The limitation of this study include miniscule research specifically conducted on this topic, especially regarding an institution unique 25 as the Azee’ Bee Nahághá of Diné Nation. Much of the current research regarding this topic is focused towards main-stream religious institutions and not necessarily American Indian religious institutions, specifically the Azee’ Bee Nahághá of Diné Nation.

Current research on the Azee’ Bee Nahághá of Diné Nation is from historical, anthropological, political and legal perspectives. These perspectives are important to this research to provide a background and historical timeline. There were challenges nevertheless. Research from these disciplines and resources did not provide specific information regarding nation building theories on American Indian religious, ceremonial institutions, their management and strategic planning within their structures. Commonalities had to be located and connected from these resources that are discussed in nation building theories.

Ethical Considerations

Ethical considerations taken in this Master’s thesis are the theoretical framework explained earlier by specifically staying true to the indigenous paradigm of the Din life system: Nits kees

– Thinking, Nahat’ – Planning, Iin – Life, and Sihasin – Rightful living. This framework is the core values and beliefs of the Azee’ Bee Nahághá of Diné Nation Inc. Sensitivity was key in conceptualizing my role and relation to the concepts of balance and harmony with nature, human beings, and the use of language. These concepts assisted with Din people’s perspectives and understanding of how the ABNDN Inc., was created, where they have been, where they are, and where they are going as an organization. This was instrumental to understanding the ABNDNs foundations of interrelationship, interconnectedness, and the reciprocity among their members and their organizations which was respected and not overstepped. 26

Other considerations taken in this thesis, included certain tenants which had to be observed and respected such as ceremonial ritual processes within Din and ABNDN culture. Attendance to peyote ceremonies was vital to seek guidance for this research. The reverberation of k’e through clanship was an important aspect when corresponding with the ABNDN leadership and its members in these ceremonies and meetings. Great caution was used to not overstep boundaries of authority when attending ABNDN meetings and ceremonies by respecting the elders, leadership, and members of the ABNDN. Sensitive cultural and ceremonial information and processes were not included in this thesis because it does not contribute to this thesis and may compromise the

ABNDN peyote ceremonies.

All research for this thesis was conducted in accordance with the Arizona board of Regents guidelines for human research. This project, when it was submitted to the University of Arizona’s

Institutional Review Board was determined to not constitute human research under the definition approved by the Arizona Board of Regents. Documentation provided to and approved by the

University of Arizona’s Institutional Review Board for Human Subjects Determination is included at the end of this Master’s thesis in Appendix. B.3 Permission was requested and obtained from the ABNDN leadership and members. A letter stating the ABNDN approval to continue this research is signed and dated by the current ABNDN president, Mr. Steven S. Benally, is provided at the end of this thesis in Appendix. C.4 The Navajo Nation Human Research Review Board

(NNHRB) office and representative, Mr. Ronald P. Maldonado were provided a copy of the

University of Arizona IRB project proposal (see Appendix B). Mr. Maldonado upon his review

3 See APPENDIX B: University of Arizona, Human Subjects Determination (Institutional Review Board Documentation). 4 See APPENDIX C: Azee Bee Nahágha of Diné Nation Letter of Approval of Research. 27 and visit to the University of Arizona approved this research in person. Mr. Maldonado explained that no other documentation was needed because this research did not qualify as human subject research.

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CHAPTER 1

NAHASDZÁÁN: INTRODUCTION ON THE BACKGROUND HISTORY OF NAVAJO PEYOTE WAY OF LIFE

“Take care of this sacred medicine and it will take care of you” (Hola Tso)

Since the arrival of Western European peoples to the North American continent during the fifteenth century and into the twentieth century, American Indian rights to prayer and worship in their unique cultural and traditional ways have been suppressed. American Indian peoples across the North American continent fought, shed blood and lost countless lives in the protection of their ceremonial way of life. One such struggle surrounds the use and ingestion of a cactus plant known as peyote, or Peyotl as it has been referred to by indigenous tribes of South America and Figure 1: Natural distribution of peyote species Mexico. The cactus peyote is native to the southern Lophophora williamsii & Lophophora diffusa. Source: Rene's Urban Canadian Cacti, 2015). and southwestern regions of Texas, along the Rio Grande River down into Northern Mexico. (see

Figure 1 above).

According to one of the prominent scholars of this subject, Omer C. Stewart, the peyote ceremony has been practiced by various tribes of forty-five different provinces within Mexico from 1577-1779. Spanish conquistadors and friars believed this ceremony to be a sin; thus, Peyote

(scientifically identified as Lophophora williamsii & Lophophora diffusa) ceremonialism struggles began during this period in history. Peyote ceremonies became prevalent throughout

Mexico into the United States (U.S.) and Canada. Peyote ceremonial knowledge extended from the Taraumara people to the Corrizo, Lipan Apache, Mescalero Apache, Tonkawa, Karakawan, 29

Caddo, Comanche, Kiowa, and Kiowa Apache Tribes who resided within the southern and northern regions of the U.S. and Mexico at the end of the nineteenth century. (Stewart, 1987, pp.

19-23)

American Indian people’s religious struggles intensified during the nineteenth and twentieth centuries when missionaries, government officials, traders, western physicians and other non-native and native individuals began to condemn the use of the peyote plant and the ceremonies that it was used in. Territorial policies and laws were passed that infringed and condemned

American Indian rights to freely worship, without persecution or intimidation by those who feared and were unfamiliar with the peyote and its ceremony. Thomas C. Maroukis explains in his book

The Peyote Road: Religious Freedom and the Native American Church:

…they were defending a faith with ancient roots in Mesoamerica—a faith that let one along the Peyote Road, a path to a fulfilling spiritual life connecting one to the Great Spirit, or Creator, thereby restoring harmony and balance in one’s life by healing body, mind, and spirit. (Maroukis, 2010, p. 4)

People were incarcerated, while others were ostracized by society and their communities for using and participating in the peyote ceremony. Nevertheless, American Indian people, especially the

Diné, stood fast to protect their peyote ceremony by seeking opportunities to defend their right to worship.

The Struggle to Organize Against Anti-Peyote Policies in the United States

The beginnings of the Azee’ Bee Nahághá of Diné Nation (ABNDN) within the U.S. essentially began during the second half of the nineteenth century into the twentieth century. The struggles over peyote and its ceremony were immersed in U.S. policies of assimilation. These struggles became noticeable in 1883, when the U.S. Congress passed the Indian Religious Crimes

Code to end all Indian’s “old heathenish dances or ceremonies,” (Stewart, 1987, p. 130). During 30 this same year, the Court of Indian Offenses, otherwise known as CFR Courts (Code of Federal

Regulations), “seem to come from the reform impulse of Secretary of the Interior H.M. Teller, who was appointed in 1882.” (Pommersheim, 1995, p. 62) Upon taking his new position, Secretary

Teller directed Indian Affairs Commissioner Hiram Price to develop “…a set of rules for the

Courts of Indian Offenses, which were approved on April 10, 1883.” (Pommersheim, 1995, p. 62)

The rules implementation would eliminate American Indian’s religious customs that were viewed as “…savage and barbarous practices…” (Prucha, 2000, p. 158). Although the courts initial purpose was to maintain peace and adjudicate civil laws within Indian Territory, but became an opposing force against American Indian religious rights and customs.

During the removal period of 1830s, law and order was overseen by the U.S. military. In

1849, the Bureau of Indian Affairs was removed from the War Department and placed in the

Department of the Interior. The new placement removed the control of law and order from the military and transferring it into civilian control, but “…in general, law and order was a responsibility of the Indian agents.” (Deloria Jr. & Lytle, 1983, p. 113). There was no legal authority for these courts to operate, only the authority of the Indian agents who oversaw these courts. The status of these tribunals were:

…difficult to determine whether they were really courts in the traditional jurisprudential sense of either the Indian or the Anglo-American culture or if they were simply instruments of oppression...suppressing religious dances and certain kinds of ceremonials than with keeping law and order. (Deloria Jr. & Lytle, 1983, p. 115)

Raymond D. Austin states, eventually, “The Court of Indian Offenses came to Navajo country as part of a package of criminal and civil laws created for American Indian tribes by the Bureau of

Indian Affairs in 1883.” (Austin, 2009, p. 19) These courts were an instrument used to prohibit peyote ceremonies and other religious practices throughout Indian Territory. 31

One of the first accounts of enforcing anti-peyote laws to suppress peyotism was in 1886

– 1888 at the Kiowa, Comanche, and Wichita agency in Oklahoma. Omer C. Stewart states in his book Peyote Religion: A History:

When the use of peyote became apparent to missionaries and Indian agents of the U.S. government, they immediately sought to suppress it. To them, as to the Catholic fathers in Mexico some two hundred years earlier, the plant and the peyote ceremony seemed the very essence of heathenish Indian practices, a veritable ‘root’ of all evil. (Stewart, 1987, p. 128)

With strong missionary, education, and land policies to assimilate American Indians to become

Christians and civilized, peyote gained a bad reputation because it hindered these ideologies.

Peyote was considered a drug similar to, if not worse than, liquor. The ingestion of Peyote was also referenced to cause illness, and immoral behavior, eventually leading to death. Although there was never any scientific or medical evidence to support these accusations, officials and leaders continued to portray Peyote, its ceremony, its teachings and peyotists negatively in hopes of abolishing “heathenish Indian practices.”

In 1897, the federal government passed the Prohibition Act (29 Stat. 506), making it an offense “to furnish whatsoever under any name, label, or brand, which produces intoxication to any Indian ward of the government.” (Stewart, 1987, p. 131) The act did not specifically mention peyote; nevertheless, anti-peyotists desperately referred to the act to prohibit peyote. Anti-peyotists attempted many times to try and persuade authorities to include peyote as part of the prohibition act, but were unsuccessful in their campaign. Nonetheless, Indians who did not obey this law were tried within the CFR Courts.

In 1899, the first territorial law statute (Section 2652) was enacted in Oklahoma to control the use of peyote by prohibiting medicine men from practicing ceremonies. In 1907, the Cheyenne and Arapaho agency police raided a peyote ceremony, arresting three individuals. The territorial 32 law statute (Section 2652) was then tested in court. The court found the defendants guilty. The

Indians appealed the case, where the court found that “the Indians had had no mescal they had had peyote,” (Stewart, 1987, p. 135), and the case was dismissed. With statehood on the horizon for

Oklahoma, Commissioner of Indian Affairs E. E. Johnson and anti-peyotist, lobbied for a state law amending Section 2652 territorial statute, making it a misdemeanor to introduce or have peyote in possession within the state. A hearing was held in 1908 over the “Mescal Bean Bill.” Legislatures were moved by the Indian testimonies and remarked, “It is our duty to protect their rights – religious or otherwise.” (Stewart, 1987, p. 138). The bill did not pass.

From 1910-1925 Indians endured the greatest frustrations. Frustrations began in 1912-1913 when anti-peyotists lobbied through the Indian appropriation bill to suppress peyote use, but it was defeated. Each year anti-peyotists continued their efforts to include peyote as a narcotic into legislation and the 1897 Prohibition Act to arrest suppliers and users. From 1914-1916, three cases were brought to court in the states of Wisconsin and South Dakota. The individuals arrested were tried under the 1897 act for selling, introducing, and giving peyote to individuals. The courts again dismissed the cases because the 1897 Act did not specifically mention peyote only alcohol.

As a result, in 1916 two bills were supported and introduced by Senator W.W. Thompson of Kansas and Representative Harry L. Gandy of South Dakota; the Thompson bill (S. 3526) and the Ganby bill (H.R. 10669) to prohibit the “traffic of peyote,” but the bills did not pass. By 1917, negative propaganda and stereotyping of peyote influenced the states to pass laws prohibiting peyote. In 1918, Carl Hayden of Arizona presented legislation (H.R. 2614) prohibition of peyote.

James Mooney, an ethnologist working for the Bureau of Ethnology and the Smithsonian

Institution, testified to the spiritual importance of peyote ceremonies among the Kiowa people, contrasting it with Christian values. Francis La Flesche, an Omaha Indian, also testified to the 33 healing powers of peyote which had cured Indians on her reservation from drinking. The bill did not pass, but prompted Indians to organize their peyote ceremony similar to the Christian church organizations to protect their religious rights.

From 1914-1966, American Indian’s united together and began a grassroots movement developing organizations to protect American Indian religious rights. Eventually organizing in

1914 with the First Born Church of Christ in Perry, Oklahoma. Leading the way to organize and protect the peyote ceremonial way of life for future generations, through the incorporation of the peyote ceremony as a nonprofit 501(c)(3) religious organization based on state charters. Their incorporation paved the way for other tribal nations to organize. By the end of the 1920s, thirteen

Native American Church organizations were created throughout the states of Colorado, Oklahoma,

Montana, North Dakota, South Dakota, and Nebraska. Organizing the NAC became particularly important in 1925 when more states passed laws prohibiting peyote use. NAC organizations remedied federal and state laws by incorporating within their respective state; however, internal controversies developed when tribal nations passed laws prohibiting peyote on their reservations.

It was through the peyote sacrament and its ceremony that Indian people were able to find solitude, strength to survive and begun to rebuild their spiritual and cultural foundations. The peyote, its ceremony and teachings helped American Indians find purpose and to seek harmony and balance within the chaotic situation they found themselves in, which were brought about by U.S. policies of assimilation.

Adaptation and Transformation of Navajo Peyotism

At the end of the first half of the twentieth century the United States (U.S.) experienced great economic, political, social and cultural changes. With the outbreak of World War II, a great 34 exodus of people arrived in the west from across the country in search of employment. The majority of people came from the Great Plains and southern regions of the U.S. escaping the effects of the “Stock Market Crash” of 1929, and the 1930 “Dust Bowl,” which affected all U.S. citizens.

The war pulled the U.S. out of the Depression Era and into the industrialization and manufacturing of military armaments for the Pacific Campaign against Japan. Similarly, the Navajo Nation was recovering from the 1930s “Livestock Reduction,” where thousands of livestock were killed or resold to ranchers and beef companies. (Aberle, 1956, p. 52) The Navajo people subsisted on their livestock which they survived on throughout the winter seasons by bartering them for food and money. With the depletion of the Navajo people’s livestock many turned to wage work in order to subsist within this changing society.

Changes were not only experienced within the economic, social, political strands of

American culture but within Navajo traditional ceremonial paradigms. Old and new perspectives of ceremonial knowledge were proliferating in between cultures creating new adaptive alterations to Navajo ceremonies for the betterment of the people within this changing generation.

Ceremonial knowledge was restructured through the integration of peoples from diverse regions.

Bringing together ancient teachings that had been passed down through generations forming new ideologies or simply added to already known knowledge. Peyote ceremonialism among the

American Indian peoples was one of many end results to these complex transformations.

The use of peyote within a ceremonial setting has been used for various reasons. The ceremony must have a purpose and last all night. People come together in a circular setting within a teepee or a hoghan to communicate with the “Great Spirit”. There are five main helpers: a drum chief, cedar chief, fire chief, and a roadman (priest). Ceremonies are sponsored by families who need spiritual healing through the utilization of medicinal herbs. Instruments are found in the form 35 of a staff, gourd rattle, water-drum and feathers of various birds. A crescent-shaped-earthen altar is constructed, with a fire lit in the center of the gathering place, and a lighter stick made of wood which is smoothed and placed with the growing section facing the fire. An explanation of the ceremonial purpose by the sponsors is conducted at the beginning of the ceremony. Participants utilize tobacco with prayer and ingest peyote throughout the night, bringing one into a state of contemplation and revelation. The rhythm of the rattle, drum, songs, feathers, and the burning of medicinal herbs generates a spiritual energy. These elements help “to cure, avert evil, to promote future good, to thank God for past blessings. And it is the efforts of all those present through their prayers which may bring the meeting to accomplish this purpose.” (Aberle, 1956, p. 11)

Throughout U.S. history, peyote was considered a narcotic by mainstream society and was assumed to be detrimental to the health of human beings. These perceptions were prevalent across the Navajo reservation, the State of Arizona, and throughout the U.S. Anthropologist David F.

Aberle explains that the Navajo people adopted the peyote ceremony in 1910 from the Ute tribe of

Towaoc, Colorado, which spread from the north to the, southern and western regions of the Navajo

Nation. This expansion started from Aneth, Utah to Tees Nos Pas, Shiprock, New Mexico and

Mancos, Colorado. By 1935, Navajo men began to conduct peyote ceremonies that spread down into the Southern regions of Gallup, New Mexico. Then from 1938 – 1940, the use of peyote expanded to Tohachi and Crystal, New Mexico; and to Sawmill, Fort Defiance, and Window Rock,

Arizona. By 1940 – 1951 peyote ceremonies were prevalent within the western regions of the

Navajo reservation encompassing Grey Mountain, Ganado, Grease wood, Steamboat, and

Dinnehotso, Arizona. (Aberle, 1956, pp. 109-110) The spread of the peyote ceremony into the

Navajo reservations originated from the Kiowa, Comanche, Cheyenne, Crow, Pueblo, and Ute 36 tribes across the U.S. The transfusion of the peyote ceremony was immense and many Navajo people were introduced to it and began to use and participate in this ceremony.

During the anti-peyote era 1912 – 1966, Navajo practitioners of the peyote way conducted their ceremonies in secrecy. Many Navajo people were incarcerated for participating in peyote ceremonies. Because of anti-peyote laws peyote ceremonies were organized and scheduled weeks and months in advance so as not to be noticed by the authorities. Peyote ceremonies were held in secret and hidden to protect peyote practitioners and members from being persecuted and incarcerated by authorities. Ceremonies were held in hoghans where the windows were covered with blankets, at other times within canyons, caves or the woods. Peyotists attending peyote ceremonies would arrive early to not be noticed. Parents, grandparents, and children from various families and Indian tribes participated in these ceremonies. Many ceremonies were conducted throughout the beginning years for healing purposes. Other ceremonies were held to provide a sense of security and comfort for families being far away from their homes, relatives, livestock, illness, and for celebrations of life. Peyote ceremonies were also a time to discuss, address and strategize how to resolve the anti-peyote laws politically and socially to legalize the use of peyote within the Navajo reservation, the State of Arizona, and the U.S.

American Indians were caught in the middle of a great transformation within their ceremonial society during the first half of the twentieth century. Destitute and in limbo, American

Indians sought out other resources of knowledge in order to adapt to the many transformations they were enduring. Dr. Edward F. Anderson (1996) quoted Dr. Richard Evans Schultes (1940), an Ethnobotanist from Harvard University who stated:

“‛peyote is, without a doubt, the most important medicine used among North American Indians at the present time and seems to be replacing other older, but less spectacular, plant remedies…’” (Anderson, 1996, pp. 106-107)

37

By incorporating peyote and its ceremony into Navajo ceremonialism through interrelating Navajo philosophies and Christian teachings. Navajo people gained a new balance and foundation for themselves. This enhanced their support, understanding and knowledge to seek and address anti- peyote laws and the question of the psychological and physiological affects peyote had on humans.

Medicinal Research of Peyote

By the end of the nineteenth and the beginning of the twentieth century scientists and medical physicians in various fields (Antibiotic,

Psychiatric, and Psychotherapy), conducted research in the possible medicinal values that could be produced from the Alkaloid present within the chemical make-up of peyote (See Figure 2 for an illustration of Lophophora williamsii). As

Psychiatrist Dr. Humphrey Osmond explains, Drs.

Louis Lewin, D. W. Prentiss, F. P. Morgan, James Figure 2: Earliest illustrations of Lophophora Mooney, S. W. Mitchell, and Havelock Ellis, had williamsii appearing in Curtis’s Botanical Magazine, 1847, (plate 4296). Source: conducted self-experimentation of peyote over the Anderson, E. F. (1996). Peyote: The Divine Cactus. p. 19. years ranging from 1886-1918. (Hoffer & Osmond, 1967, p. 3).

Within the medical and scientific professions the importance of advancing and monitoring medicinal research which would benefit or harm mankind was paramount to the ideological foundations upon which their profession stands. Osmond’s 1967 research The Hallucinogens’, describes the experiences of these physicians and states:

They were struck by the brilliant visual perceptual changes by peyote but white man does not relish the chewing of fibrous woody buttons, nor 38

enjoy their soapy bitter taste. Vomiting was even more common than after mescaline…there was little desire to repeat it again and again. (Hoffer & Osmond, 1967, p. 4)

They were interested in the psychological and physiological affects peyote had on an individual, ignoring the spiritual importance peyote provided for many American Indian people within a bona- fide ceremonial setting. In 1956, Dr. James Sydney Slotkin argued that “…Consequently a determination of the effects of Peyote or its derivatives upon Whites under laboratory conditions is irrelevant to a determination of its effects upon Peyotist…” (Slotkin, 1956, p. 51) Rather, these physicians’ research was conducted within a controlled environment, without prayer, ceremonial instruments, natural medicinal herbs, a clear spiritual purpose, and the scientists were not originally ordained to the stories and procedures to conduct these ceremonies, which are essential in order for the ceremony to provide spiritual healing for individuals.

In 1956, Slotkin remarked, “…there is no valid scientific evidence that Peyote is harmful, either mentally or physically…,” (Slotkin, 1956, p. 50) in the same light Anderson explains,

Stewart, (in 1956), and Osmond, (1958), also concluded that: “‛[A]ll the evidence that we have suggests that peyote is wholly beneficial and in no way a drug of addiction. It cannot even be defined in that way since it does not have the essential compelling qualities or the withdrawal symptoms.’” (quoted in Anderson 1996, 193). Anderson further explains that Dr. Maurice H.

Seevers, a psychiatrist, completed research on various drugs within the U.S. According to

Anderson, Seevers:

Calculated the “addicting liability” of a number of drugs found in the U.S. society by constructing an index based upon the factors of tolerance, physical dependence, and habituation. He concluded that alcohol was the most addicting, with an index factor of 21, followed by the barbiturates with an index of 18, opium and its derivatives (16), cocaine (14), and marijuana (8). Peyote according to Seevers, had a liability of only one, due solely to the fact that some of his experimental subjects showed a slightly increased tolerance during the testing period. (Anderson, 1996, pp. 186-187) 39

These findings resulted in The Comprehensive Drug Abuse Prevention and Control Act of

1970 (Public Law 91-513), an amendment to the 1965 Food, Drug, and Cosmetic Act, which stipulates I, II, III, IV, and V schedules of Hallucinogenic substances. Peyote and mescaline are included in schedule I of this act next to opium, psilocybin, LSD, and marijuana. (Smith & Snake,

1996, pp. 117-118; Anderson, 1996, pp. 199-200) Section 21 CFR 1307-31 of this law stipulates,

The listing of peyote as a controlled substance in schedule I does not apply to the non-drug use of peyote in bona-fide religious ceremonies of the Native American Church and members of the Native American Church so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the Native American Church, however, is required to obtain registration annually and to comply with all other requirements of the law. (Smith & Snake, 1996, p. 118; Anderson, 1996, pp. 199-200; GPO U.S. Government Publishing Office, 2015)

Legal protocols still had to be met in order for American Indians to possess peyote on their persons.

Peyotists must provide paper work stipulating their membership with the Native American Church and that the peyote was going to be used in a bona-fide ceremony. Interestingly, no mention is made that federal recognition or proof of Indian ancestry must be presented in order to obtain and possess peyote. Nevertheless researchers, scientists, physicians and the federal government were able to come to an understanding of the purpose of peyote and its importance to many Native

American people. This medicinal research has helped to clear some but not all misconstrued assumptions developed through education policies of the late nineteenth century; which were geared towards assimilating Indians into the dominant western-culture.

Education Policies of Assimilation

The secrecy surrounding peyote ceremonies can also be attributed to education policies instituted towards the end of the nineteenth – twentieth century within Indian reservations across the U.S. Beginning with the Kendal Contract of 1868-78, which was a pre-extension of The 40

Compulsory Indian Education Act of 1887. According to Diné College, Navajo History & Culture,

Professor, Don Denetdeal the “government contracted outside agencies (church groups, missionaries) to educate the Navajo children, violating the treaty of 1868 article 6,” (Denetdeal,

2005) setting up the Boarding school system. The purpose of the Kendal Contract was simply to

…send in missionaries and teachers to open missions and schools to teach Christian religion and change the people’s old cultural beliefs. In short, start with the children and begin to train them away from the old ways and all desire to follow a traditional way of life. (Acrey, 2002, p. 124; Underhill, 1956, pp. 198-199)

The Compulsory Indian Education Act of 1887 was a mandate that all Indian children were required to attend school without parental consent. This forced educational policy was instituted by Superintendent of Indian Schools, Captain Richard H. Pratt, with Carlisle Boarding School the first to be opened in Pennsylvania in 1879. Pratt believed in order “To civilize the Indian, put him in the midst of civilization. To keep him civilized, keep him there.” (Acrey, 2002, p. 125) The idea to send children away from their ecological surroundings, ceremonies, elders, and stories would make Indian children foreign to their own ways of life, making it easier for them to accept a

European form of living.

The first boarding schools established on the Navajo reservation were Fort Defiance Day

School, in 1883; and the Navajo Methodist Missions School, Hogback, New Mexico 1899, relocated to Farmington by 1912. Rehoboth Mission was established by the Christian Reformed

Church in 1898, near Gallup, New Mexico; St. Michael’s Indian School, was started in 1902 and

Ganado Mission School, was founded in 1906.5 (Iverson & Roessel, 2002, p. 124; Acrey, 2002,

5 Many Boarding Schools were established throughout the U.S. that had similar affects in assimilating Indians to become Christians and civilized citizens. Harvard University was the first to be established in 1636; Hampton Institute established in 1868; Carlisle Boarding School, Pennsylvania 1879; Haskell Institute, Lawrence, Kansas, 1884; Albuquerque Indian School, 1886, Tucson 1888; Santa Fe 1890; Fort Mojave, 1890; Phoenix Indian School in 1891; & Riverside Indian School in 1892. Other schools were also created that had both positive and negative impacts on native people’s lives. The effects go both ways and there was not one direct effect but many to consider. 41 pp. 128-129) Many Indian children from various tribes were forcefully removed from their families, lands, and ceremonies and placed within a controlled environment where they were instructed in a foreign way of life. In the words of Bill P. Acrey:

…they were forced into a life neither Indian or White. Some managed to resume their traditional way of life, but most ended up somewhere between the two cultural worlds, belonging to neither one completely. (Acrey, 2002, p. 126)

Navajo people’s traditional way of life was altered as a result in a variety of ways. Interestingly, boarding schools were instrumental in the exchange of ceremonial knowledge between Indian people across the country and leading to the expansion of peyote use among the Navajo people.

This had negative effects, however, as some Navajo and other Indian peoples across the country who were instructed in these institutions developed a hatred and biased perception towards the use of peyote. Many Navajo people went into hiding to conduct peyote and other ceremonies in secrecy to avoid persecution by authorities, church groups, and the public creating constitutional concerns.

Constitutional Legality

In 1910, the Arizona State constitution was first drafted at the Arizona constitutional convention and submitted to Congress. It was vetoed by President William H. Taft because of a section regarding the recalling of judges. The constitution was amended, resubmitted and approved by President Taft on February 14, 1912. Arizona became the forty-eighth state (Sheridan, 2012, pp. 182-185) in the union, establishing a relationship between the State of Arizona and the Navajo

Nation consistent to the U.S. Constitution. In 1943, the use of peyote was still considered illegal in the State of Arizona. However by 1945, the peyote ceremony had already been transmitted and adopted by the Navajo people creating legal issues surrounding Arizona’s state constitution. 42

The constitutional legality of Arizona’s laws was contradictory and illegally enforced upon the Navajo people, according to the First and Fourteenth Amendment of the U.S. Constitution, which states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”6 [and that] “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law…7

All state constitutions were based under the U.S. Constitution and that “All laws in the

United States—federal, state, and local—must be consistent with the Constitution. All judges must hold the U.S. Constitution above all other law.” ( Arena Library, 2015) Arizona and other states did not adhere to these stipulations. Instead Arizona, under the police power section of their constitution was able to “regulate or prohibit the use or possession of substances, even though used in religious rites, if reasonably necessary to protect the public health or safety,”8 according to state laws. This gave the state the justification to confiscate any items or substances that may be deemed

“inconsistent with the peace and safety of the public.”9 Because of these assumptions regarding health effects of peyote many Navajo peyotists were ridiculed throughout the State of Arizona and the Navajo reservation.

Although research had been conducted on the medicinal and chemical make-up of peyote some officials were still unaware of the effects of peyote, but assumed that it was a narcotic and harmful to the health of human beings. With Arizona officials enforcing the police power section

6 http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html 7 14th Amendment to the U.S. Constitution: Primary Documents of American History (Virtual Services and Programs, Digital Reference Team, Library of Congress), (April 10, 2015). 8 “Court Decision regarding Peyote and the Native American Church” American Anthropologist, New Series, Vol. 63, No. 6 (Dec., 1961): 1335-1337 Blackwell Publishing on behalf of the American Anthropological Association Stable URL: http://www.jstor.org/stable/666868 9 Ibid. 43 of their constitution, creating challenges for Navajo peyotists off the reservation. The Navajo tribal council were also in the processes of passing anti-peyote legislation that would further encumber

Navajo peyotists rights to freely worship within the confines of their residence and reservation.

Resolution No. CJ-I-40: 1940

The Navajo Nation council’s principal leaders Jacob C. Morgan, Howard Gorman, and

Roger Davis were all Christians opposed to peyote. Peyote use throughout the reservation was viewed as dangerous, produced sexual misbehavior in individuals, and a cause of insanity, laziness and death. (Aberle, 1956, p. 111) Opposition to the use of peyote within the Navajo reservation became explicit when on June 3, 1940, the Navajo Nation council passed Resolution No. CJ-1-40:

(see Appendix D)* by a vote of 52-1, “To prevent the introduction in or the use of peyote on the

Navajo Reservation.” (Aberle, 1956, p. 113) Jacob C. Morgan, “a graduate of Hampton Institute and a staunch assimilationist,” (Olson & Wilson, 1986, p. 124) headed and passed this resolution.

The opposing vote against this resolution was cast by Mr. Hola Tso, a peyote practitioner who was a member of the Navajo Nation Council. According to NAC members many of the council members did not use peyote during this time and the majority of council members opposed peyote use on the Navajo reservation.

With the Navajo Nation council established under the 1934 Rules of Governance, during the 1930 New Deal era. Navajo peoples’ governing system was structured to resemble the U.S. government, to promote self-government policies. During the self-government policy era of the

1930s the Navajo Nation did not adopt a Constitution or a Bill of Rights for the newly formed

Navajo Tribal Government. With the passing of Resolution No. CJ-1-40 by the Navajo Nation

* See APPENDIX D: Navajo Nation Council Resolution No. CJ-1-40. 44 council, the State of Arizona, the Bureau of Indian Affairs, and the Secretary of the Interior did not have any jurisdiction in amending laws within the Navajo reservation. Anti-peyote laws could only be amended internally through the Navajo Nation council based on Johnson v. M’Intosh, which established tribal nations as having quasi sovereign powers, and the Indian self-government policies of the 1930s.

The harassment of Navajo peyotists by the Navajo Nation, state and federal authorities for practicing peyote ceremonies within the Navajo reservation and the State of Arizona stems from this resolution; the effects of the Boarding School system; and the Arizona State Constitution’s police power clause which was established through the Marshall Trilogy of Johnson v. M'Intosh,10

Cherokee Nation v. Georgia,11 and Worcestor v. Georgia,12 1832. It is safe to say for some non-

Indian authorities, their concerns were of the unknown effects that peyote may cause individuals who partook in this form of ceremony, especially for the public’s safety. But these issues raised constitutional problems which affected Navajo people and American Indians rights as citizens.

They were stigmatized and harassed throughout the decades.

Navajo Peyote Struggles

Mr. David S. Clark has many years of experience with the Native American Church, and has been instrumental throughout the second half of the twentieth-century in the legalization of peyote use and its ceremonies within the Navajo Reservation. Mr. Clark was exposed to the legal, political, and spiritual importance of peyote at a very young age during his residence at Fort

10 21 U.S. (8 Wheat.) 543 (1823); https://supreme.justia.com/cases/federal/us/21/543/; Getches, D. H., Wilkinson, C. F., 1941, & Williams, R. A., 1955. (2005). Cases and Materials on Federal Indian Law (5th ed.). St. Paul, MN: Thomson/West. pp. 63-71. 11 20 U.S. (5 Pet.) 1 (1830); https://supreme.justia.com/cases/federal/us/30/1/case.html; Getches, Wilkinson, & Williams. (2005). Cases and materials on federal indian law (5th ed.). pp. 104-112. 12 31 U.S. (6 Pet.) 515 (1832); https://supreme.justia.com/cases/federal/us/31/515/; Getches, Wilkinson, & Williams, (2005). Cases and materials on federal indian law (5th ed.). pp. 112-125. 45

Bellemont Army depot from 1944-1950. In 1955, Mr. Clark was involved in an incident at his parent’s, Mr. Jack and Marie Clark’s residence in Teesto, Arizona. Mr. Clark’s describes in his testimonial before the Subcommittee hearing on Native American Affairs on his involvement and of the effectiveness of the American Indian Religious Freedom Act of 1978, held in Washington

DC, on March 16, 1993. He states that:

This is a brief overview on my participation in major events which has resulted in the legalization of peyote as a sacrament on the Navajo Indian Reservation and several other States.

I have used the sacrament in the Native American Church since childhood. I am now fifty seven years old and my parents Jack and Marie Clark have been Peyote Yana-halihe (traditional practitioners) for the past fifty years. My beloved father passed away recently. I was oriented and reared through the traditional teachings of the principles; values, and beliefs of the Native American Church.

My first involvement with the church issue was at an early age. In the summer of 1955, just fresh out of high school, an incident took place at my parent’s resident. A Native American Church prayer service was in progress on behalf of my parents. The Navajo Police…armed police officers. They disrupted the ceremony by force, during the forceful intervention by the police, an argument erupted; resulting into a physical fight. There were women and children participating in the services at the time. We voluntarily stopped fighting for the safety and concern for the women and children.

We were all arrested including the children and were taken to jail for prosecution. During those years the judges showed no mercy whatsoever towards any violators of the Navajo Tribal law which prohibited the religious use of peyote. This particular anti-Peyote Code was established by the Navajo Tribal Council in 1940, with the support of the Bureau of Indian Affairs and Christian Missionaries.

The judge sentenced virtually everyone to the fullest extent of the law, however, a few of us were released on probation. This gave us the time to seek legal representation, and we hired two attorneys from Flagstaff, Arizona. This incident was the beginning of a nationwide legal fight for the legalization of the religious use of peyote.13

13 Full Text of “American Indian Religious Freedom Act: oversight hearing before the Subcommittee on Native American Affairs of the Committee on Natural Resources, House of Representatives, One Hundred Third Congress, first Session, on effectiveness of P.L. 95-346—the American Indian Religious Freedom Act of 1978 (AIRFA)” 46

Many confrontations between peyotists and authorities over the years culminating with this particular event captured the people’s attention. Mr. Clark and other Navajo men and women obtained assistance from the Native American Church of North America’s (NACNA) officers,

President, Mr. Frank Takes Gun, a Crow Indian from Montana; Vice President, Mr. Hola Tso, a

Navajo from Sawmill, Arizona; Secretary, Tales Romero, a Taos Indian from New Mexico;

Treasurer, Mr. Ruben DeRoan from Oklahoma (who died a year later) and was replaced by Mr.

Anson Damon Sr., a Navajo from Sawmill, Arizona. An alliance was established between the

Navajo people and the National Native American Church organizations throughout the U.S. “…to unite and fight towards the legalization of peyote for religious purposes on the Navajo reservation, and in the states where existing anti-peyote laws had been enacted.”14

With the assistance of the NACNA, their lobbying efforts were heard, when, “Eventually, the Native American Church…sued the

Council…to overturn the ban against possession or use of peyote on Navajo land.” (Iverson & Roessel, 2002, p.

204) In Native American Church v.

Navajo Tribal Council, 272 F. 2d 131,

10th Cir. (1959) Court of Appeals in

Denver, Colorado. The court held that Figure 3: Navajo Delegates outside Denver, CO courthouse. Source: Hubbell, R. (1998). 32nd Native American Church the federal courts did not have any Convention, Tse Si Ani Communications. p. 9. jurisdiction in amending the laws of the Navajo Nation because of its status as a sovereign nation.

Exhibit A: 307-323, Hearing Held in Washington DC, March 16, 1993. http://www.archive.org/stream/americanindianre02unit/americanindianre02unit_djvu.txt (Access Oct. 15, 2009). 14 Ibid. 47

It wasn’t until 1960, in the case Attakai v. Arizona, No. 4098 (Superior Court, Coconino County,

Flagstaff, Arizona; 1960) where Mr. Clark was the interpreter for Mrs. Attakai during the court hearings that things took a turn for the better. The Attakai v. Arizona case set the precedent for the legalization of peyote use within the State of Arizona. On July 26, 1960, Judge Yale McFate’s decision “that the Arizona State Constitution Article II, Section 4, 8, 12, & 13 was unconstitutional”15 in regards to the U.S. Constitution.

Following this case another legal challenge to the anti-peyote laws occurred in Oliver v.

Udall 306 F.2d 819 - Court of Appeals, Dist. of Columbia Circuit; (1962). Mr. Oliver who was a traditional medicine man and peyote practitioner and a member of the Navajo Nation Tribal

Council. This case questioned the legality of the use of peyote within the Navajo reservation.

Again the courts ruled against the Native American Church members referencing the same reasoning as they did in 1959, that the state and government had no jurisdiction, because of the

Navajo Nation’s sovereignty.

Both the 1959 and 1962 cases spurred a campaign headed by Mr. Clark, Hola Tso, James

Notah, Robert Shorty Jr., and other Navajo men and women, to finding resolutions to the legalization of the use of peyote on the reservation. During the years 1964-1965 they attended chapter meetings across the Navajo reservation to attain the support they needed to overturn the anti-peyote resolution passed in 1940. Mr. Clark states:

After the 10th Circuit Court decision was rendered in Denver, Colorado, the Native American Church of Navajoland undertook the strategy of electing members of the Church to the Navajo Tribal Council. This decision was made because the Native American Church of Navajoland was at the mercy of the Tribal Council. The solution to legalize peyote was to amend the Navajo law. At the time, the Navajo Nation did not have a Bill of rights. The rights guaranteed under the Constitution of the United States did not apply

15 “Court Decision regarding Peyote and the Native American Church,” American Anthropologist, New Series, Vol. 63, No. 6 (1961): 1335-1337. Blackwell Publishing, American Anthropological Association Stable URL: http://www.jstor.org/stable/666868 48

on the reservation. Therefore, the only recourse available to the Native American Church of Navajoland was to gain political strength by electing church members to the Tribal Council. We diligently campaigned to elect Native American Church members to the Tribal Council. These efforts resulted in the successful election of one half of the Navajo Tribal Council who were Native American Church members.16

While campaigning throughout the reservation another case developed in Needles, California,

People v. Woody (394 P. 2d 813 - Cal: Supreme Court 1964), where three Navajo men (Jack

Woody, Dan Dee Nez, and Leon B. Anderson) were arrested during a peyote ceremony. Mr. Clark and Mr. Takes Gun both assisted the attorneys in this case. Stewart explains the case lost in the

Superior District Court of San Bernardino County and was “appealed to the District Court of

Appeals in Los Angeles, where again the conviction was upheld.” (Stewart, 1987, pp. 309-310)

Eventually the case was tried at the California Supreme Court. The court ruled in favor of Woody generating momentum in support and recognition of the religious use of peyote by Native

Americans within the southwestern regions of the U.S.

Ultimately, Mr. Clark and the Navajo people were able to generate enough support throughout the reservation districts to incorporate their organization within the State of New

Mexico under the name Native American Church of Navajoland (NACNL) and adopted their own

Constitution and By-laws on June 11, 1966. The first officers of the NACNL organization were

Mr. Clark, president; James Notah, vice-president; Anson Damon Sr. treasurer; and Robert Shorty, secretary. Mr. Clark held this position for eight years, 1966-1974. (Hubbell, 32nd Native American

Church Convention, 1998, pp. 26-28; Stewart, 1987, p. 310)

16 Full Text of “American Indian Religious Freedom Act: oversight hearing before the Subcommittee on Native American Affairs of the Committee on Natural Resources, House of Representatives, One Hundred Third Congress, first Session, on effectiveness of P.L. 95-346—the American Indian Religious Freedom Act of 1978 (AIRFA)” Exhibit A: 307-323, Hearing Held in Washington DC, March 16, 1993. http://www.archive.org/stream/americanindianre02unit/americanindianre02unit_djvu.txt (Access Oct. 15, 2009). 49

In March 1967, the Navajo Nation Council officially accepted the U.S. Constitution and the Bill of Rights which entails the First and Fourteenth Amendment clause to their governing structure. The Navajo Nation Tribal Council debated the new tribal law. A week later the council voted on the new ordinance and passed it with a vote of twenty-nine to twenty-six. (Stewart, 1987, p. 310) The new ordinance read:

Provided that it shall not be unlawful for any member of the Native American Church to transport peyote into the Navajo Country, or buy sell, possess, or use peyote in any form, in connection with the religious practices, sacraments or services of the Native American Church. (Stewart, 1987, p. 310)

The passing of this new tribal law brought to an end many years of persecution of NACNL members. The basic civil rights of the Navajo people were finally recognized and protected. Later that year on October 11, 1967, the Navajo Tribal Council enacted Resolution CO-65-67 to repeal

Resolution CJ-I-40. The repealing of this resolution and the legal precedence sent in Arizona and the state of California provided leverage to challenge Article 726-D of the Penal Code of the State of Texas.

On February 9, 1968, Mr. Clark in consultation with Mr. Takes Gun, planned a test case,

State of Texas v. David S. Clark (1968),  (see Appendix E) to challenge and amend the Texas laws that prohibited harvesting, possessing, transporting, and the sale of peyote. Tom Green, Laredo

Times Staff, states: “David S. Clark, about 33, is free on bond following his arrest at Mirando City

February 9. He had possession of peyote, which a law passed by the legislature last year classes as a dangerous drug…” (Green, 1968) This law cut off the supply of peyote to American Indians throughout the U.S. On April 26, 1968, Judge Kazen cited the previous cases in Arizona and

California. According to Anderson Judge Kazen stated: “‛Article 726-D of the Penal Code of the

 See APPENDIX E for a sample copy of The Laredo Times, April 24, 1968 News Article on this event. 50

State of Texas is unconstitutional as it applies to this defendant herein, who possessed and used peyote in…a bona-fide religion; and therefore, the defendant herein is found not guilty.’” (Anderson,

1996, pp. 196-199; Hubbell, 32nd Native American

Church Convention, 1998, p. 24; Loredo Times, 1968)

Legalizing the religious use of peyote by American

Indians within the state of Texas, this amendment also Figure 4: Official seal of the Azee’ Bee created a system of records for those supplying and Nah gh of Din Nation Inc. distributing peyote to Native American Church members. It is important to note that the new amendment “‛…does not apply to a member with less than 25 percent Indian Blood. (HSC Sec.

481.111).’” (Anderson, 1996, p. 197)

A New Beginning

In June, 2000, Mr. Clark was elected again as the NACNL President with Herman Johnson,

Vice President, Maggie B. James, Secretary and Nathan Begay, Treasurer. With an administrative campaign entitled: “A New Beginning”, Mr. Clark and Mr. Johnson’s administration promoted a revision of the Federal, State, and Navajo Nation Tribal Laws, resulting in Resolution No. CJY-

52-05, * (see Appendix F) which stipulated Title.17 of the Navajo Nation Code be revised with the name of the Native American Church of Navajo Land be changed to Azee’ Bee Nah gh of Din

Nation (ABNDN). The name change issue became a primary concern for the Clark and Johnson administration. Because of the former name of NACNL, non-Natives began to use and transport, possess, distribute, and conduct peyote ceremonies, which was a violation of the Department of

* See APPENDIX F: Navajo Nation Council Resolution CYJ-52-05. 51

Justice’s regulatory exemption for NAC members,17 the Texas law; TEX. HEALTH & SAFETY

CODE ANN. Sec. 481.111(a)18 amendments and the American Indian Religious Freedom Act

Amendments of 1994 Public Law 103-344., H.R. 4230 Section 3c-1-2. (see Appendix G)*

The name change of the NACNL to ABNDN made the amendment to Title.17 of the

Navajo Nation Code (NNC) possible. On July 22, 2005, Title 17 was amended and then on

September 18, 2005 the Navajo

Council Speaker Lawrence T.

Morgan, President Joe Shirley Jr. and

Chief Justice Herb Yazzie signed a proclamation (see Appendix H) to

Title.17 of the NNC, at Chinle,

Arizona, acknowledging the legal use of peyote within the Navajo Figure 5: L to R: Navajo Council Speaker Lawrence T. Morgan, Chief Justice Herb Yazzie, ABNDN President David S. Clark, NN President Joe Shirley Jr., and ABNDN reservation for ceremonial use.19 It Treasurer Nathan Begay signing Proclamation to Title 17 of the NNC. Source: Navajo Times, September 20, 2005. Photo also acknowledged “Navajos who by Steven Benally. were persecuted for their ceremonial use of azeé .” (Navajo Times, 2005) The

Navajo Nation Times quoted the ABNDN President, Mr. Clark stating that: “’…in the 1940s, peyote and ceremonial instruments were confiscated and the people were not allowed to practice their beliefs…A lot of the processes were interrupted. Law enforcement stopped these ceremonies

17http://www.gpo.gov/fdsys/pkg/CFR-2015-title21-vol9/pdf/CFR-2015-title21-vol9-sec1307-31.pdf. (April 15, 2015). 18 922 F. 2d 1210 - Peyote Way Church of God Inc v. Thornburgh 1991.United States Court of Appeals Fifth Circuit. * See APPENDIX G: The American Indian Religious Freedom Act Amendments of 1994 (PL 103-34).  See APPENDIX H: Navajo Nation Proclamation. 19Brenda Norrell, “Navajo legalize religious use of peyote,” Indian Country Today, 26 September 2005, (April 10, 2013). 52 in the middle of the night. People - old, young, and even babies - were taken into jail…’” (Navajo

Times, 2005) The proclamation states, “We are humbled by the sad legacy of fear and discrimination imposed upon our people in years past and we pledge that we will not allow such government actions in the future.” (Navajo Times, 2005) These social, political, cultural and organizational transformations have ushered in a new and brighter future for the ABNDN organization and its members. There are too many individuals to name individually but many had a part in making these successes a reality.

Azee’ Bee Nahághá of Diné Nation Inc. Leadership

Leadership of the Azee’ Bee Nahághá of Diné Nation (Formerly Native American Church of Navajoland) NAC of Navajoland, Inc. Executive Officers

1966 – 1974 1996 – 2000 David S. Clark, President Jesse Thompson, President James Notah, Vice President Victor Clyde, Vice President Robert Shorty Jr., Secretary Maggie B. James, Secretary Anson C. Damon, Treasurer Katherine Benally, Treasurer Harry Tome, Service Officer 1974 – 1978 Ned Nez, Liaison/Advisor Jack Jackson, President Larry Etsitty, Vice President 2000 – 2008 Marie Hardy, Secretary David S. Clark, President Robert Natonabah, Treasurer Herman Johnson, Vice President Maggie B. James, Secretary Years? Nathan Begay, Treasurer James Tom Chee, President Robert Billy Whitehorse, Vice President 2008 – 2012 Leo Todecheene, Secretary David J. Tsosie, President Albert Johnson, Treasurer Floyd Stevens, Vice President Lenora Hatali, Secretary 1988 – 1996 Emmitt Johnson, Treasurer Robert Billy, President Jesse Thompson Vice President 2012 – 2016 Helena Chato, Secretary Steven S. Benally, President Johnny C. Barbone, Treasurer Leroy Thomas, Vice President Victor Clyde, Service Officer Irene Yazzie, Secretary Harry Tome, Liaison/Advisor Randy Begay, Treasurer

53

The trials, tribulations and successes of the ABNDN over the last century could and would not have been overcome without the efforts and sacrifices of many. Much of the recognition needs to be given to the strong leadership of the above individuals,23 their immediate families and relatives. Over the decades these individuals took it upon themselves to volunteer their time, energy and resources to lead the ABNDN organization. They exhibited and remained focused, steady in upholding and renewing the organizations constitution, by-laws and their charter of incorporation. Through their efforts they have provided and maintained the organization with valuable resources to build upon for the future. Today the ABNDN leadership continues to renew their foundation through educating their members and the younger generation on the importance of protecting, preserving, promoting and fostering Azee’ for the future.

Resolution No. CJY-52-05 reflects and renews the meaning of the Navajo people’s spiritual struggles against insurmountable anti-peyote legislation and of fighting a war within a war throughout the WWII era on into the 1960s. Mr. Clark’s inspiration to correct the misunderstanding between cultures throughout history is evident in his administration’s campaign theme of A New Beginning. Indeed many Navajo Peyotists and their families have experienced a long and arduous journey through life. They have recognized accepted the injustices that have happened in the past, but have not forgotten. Through these trials and tribulations they have re- established the course of history in order to move forward “to live a good life, to live a better life!”

(ABNDN Official, 2013).

23 The Leadership of the Azee’ Bee Nahághá of Diné Nation information was reference from the ABNDN 2003 – 2004, Educational Manual produced by David S. Clark’s administration. Copies were distributed to ABNDN members at several youth day events during these years. 54

Azee’ Bee Nahághá of Diné Nation Inc. Community Today

The Azeé Bee Nahaghá of Diné Nation (ABNDN) organization and community is one of the largest peyote organization within North America dedicated to the protection, preservation, fostering, and enhancement of the peyote and peyote ceremonies. The ABNDN is located within the Navajo Nation (NN), which extends into the states of Arizona, Utah, and New Mexico, covering over 27,000 square miles with a population and “enrollment at 300,048” (Donovan, 2011) according to the 2010 census.

The NN has a total of 110 chapter houses. Chapter houses are grouped into five agencies:

Chinle Agency (14 chapter houses), Fort Defiance Agency

(27 chapter houses), Shiprock

Agency (20 chapter houses),

Tuba City/Western Agency (18 chapter houses) and

Crownpoint/Eastern Agency

(31 chapter houses). The

ABNDN has local chapter Figure 6: Navajo Nation Chapter District Map. Source, organizations represented within http://www.geocities.ws/navajonation1/NavajoNation.html these districts with ABNDN officers and board of trustees.

The local chapters make up the central ABNDN organization, which oversees the overall administration, enforcement and implementation of the ABNDN goals, mission, policies, and activities at the state and federal level. The ABNDN membership is estimated to be 40,000 –

50,000 members. The ABNDN is a volunteer-based 501(c)(3) nonprofit religious corporation 55 governed under the direction and leadership of the ABNDN executive and local ABNDN chapter officers. The board of trustees consists of elected ABNDN tribal members and some former NN council members, bringing leadership experience in community-based and political government advocacy to the ABNDN spiritual organization.

The ABNDN central headquarters is located north of Chinle, Arizona along highway 191- situated on 10 acres of land, which was donated to the ABNDN organization during the 1990s by the late “Llyod K. Etsitty, his wife Violet Whitesinger Etsitty and family, to be used for the development of a permanent home place for the church and its membership” (Hubbell, 32nd Native

American Church Convention, 1998, p. 19) The land is respected and considered sacred. It is used to conduct business and annual ceremonial conventions, which are sponsored by the ABNDN.

This is the contexts from which the ABNDN organization developed and established within the confines of the Navajo people’s culture and history.

Over the past centuries, the Azee’ Bee Nahaghá of Diné Nation (ABNDN) has been able to overcome and adapt to countless challenges. As an organization, they continue to try and restrain the challenges they face such as abuses within their membership, intrusion by non-Indians, adapt and manage technological innovation and expansion, communication, and fiscal accountability.

Other challenges they still continue to face are the competitive and complex nature of nonprofit organizations within an ever-changing society that seeks to strictly enforce oversight; they must adapt to in order to survive. These challenges pose great opportunities for the organization but they also pose consequences if they are not addressed in a focused and timely manner. 56

: REPORT, EVENTS & OVERALL CHALLENGES FACING AZEE’ BEE NAH GH OF DIN NATION INC (ABNDN)

“Our mindset as an organization needs to be redefined…” (ABNDN Official, 2013)

The Azeé Bee Nahaghá of Diné Nation approved my request to pursue this research to analyze and provide a report on the institutional structure of the Azeé Bee Nahaghá of Diné Nation

(ABNDN) focusing on four administrative functions (administrative, board of directors, chapter leaders, and fundraising mechanisms). The purpose of this research is to review, examine, and analyze documents of the ABNDN Inc., including their constitution and by-laws, their national charter of incorporation, the financial and decision-making structure, and various business and organizational models on strategic planning, program evaluation, and management. This included comparison and contrasting these models with the Native Nation-Building theoretical framework

(see Figure 7 below) to uncover the most appropriate cultural fit to meet the vision and goals of the ABNDN. The Nation-Building Approach  Native nations Asserts decision-making power. (Assertion of Self-Determination)  Native nations back up that power with effective governing institutions. (Effective Institutions)  Governing institutions match indigenous political culture. (Cultural Match)  Decision making is strategic. (Strategic Long Term, Community Relationship Building Vision)  Leaders serve as nation builder and mobilizers. (Strong, Capable Leadership) Figure 7: The Nation-Building Approach. Adapted from Jorgensen, (Cornell & Kalt, 2007, p. 19).

This research is also to understand the ABNDN governance, planning, organizational and management needs by evaluating their current institutional structures and identifying Management and Strategic Planning Strategies that other nonprofit, for-profit and businesses are practicing within their organizations as re-structuring model ideas. It is hoped that this research will generate new ideas that the ABNDN can incorporate to assist in strengthening their organization, its performance and establishing a more efficient & effective organization for the future. 57

This research included five steps:

1. Establishing a traditional and historical foundation of Azeé Bee Nahaghá of Diné Nation (ABNDN). I reviewed and researched the history of relevant ABNDN and Din Nation, Din culture and philosophy on governing models. I paid particular attention to governing models that reflect and utilize the Din paradigm of Nitsáhákees, Nahat’á, Iiná, and Sihasin within their governing, management, and planning. My specific goals in this was to identify how this paradigm of understanding can assist in providing a mechanism for strategically organizing and managing the ABNDN activities. 2. A review of the history of the ABNDN. 3. A review of strategic planning and management practices of nonprofit religious organizations and other nonprofit non-religious organizations. 4. A review of relevant ABNDN documents. 5. On the ground interviews and questionnaires distributed to current and past ABNDN Executive, Board of Trustees and Chapter Officials.

The interview process was announced at several ABNDN quarterly meetings. It was managed to create maximum input and dialogue on several components that make up the structure of nonprofit organizations. It was explained and stressed that interviews were held in confidence and that the information received will be presented in an anonymous format. Individuals were also informed that their names would not be mentioned within this research without their direct permission. A typed survey was created (see Appendix A), which was announced at several

ABNDN quarterly meetings to those in attendance. The survey was also presented in person and through email correspondence to as many ABNDN trustees, chapter officials and assistants to complete. Reminders were also sent to each individual who were sent the questionnaire on how, when and where they could submit it and to not include their names. Once the interviews had been 58 written up and surveys received, responses were color coded to identify weaknesses and strengths within the organization’s internal and external structures.

Figure 8: ABNDN Inc. Detailed Current & Future Structural Ideas. Source: Author 2015. 59

Figure 8, provides a general overview on the potential institutional structure of the ABNDN

Inc. The following structures have not been developed fully, Subcommittees, Financial Statement

& 990 Reporting, Standardized Paperwork/Forms, and Government & Management Policies, which will be discussed throughout this research. Several challenges were evident within these structures during this research. Over the years, ABNDN had developed their organizational documents, charter of incorporation, constitution and by-laws, but they did not fully develop policy areas mentioned above and how they would be implemented. Only portions of policies were created and implemented within their organization creating some if not many challenges currently facing the ABNDN.

Azeé Bee Nahaghá of Diné Nation Inc. Events

Some of the concerns and challenges that are affecting the ABNDN today stem from events from the past, which we will discuss below. During interviews with ABNDN officials, survey questionnaire, and attendance to the following meetings January 29, 2013; December 14, 2013;

January 25, 2014; February 8, 2014; and March 22, 2014 this became recognizable. The following is a brief chronology of major ABNDN events that have unfolded over the past several decades, which have provided challenges for the ABNDN today.

ABNDN Events: 1. The Azee’ Bee Nahághá of Diné Nation (ABNDN), under its former name Native American Church of Navajoland (NACNL), was established on June 11, 1966 as a non-profit 501(c)(3) religious organization. “It was incorporated in the state of New Mexico on May 15, 1972, by filing an Articles of Incorporation and a Certificate of Incorporation was issued on the same date.”42 ABNDN is also incorporated within the states of Utah, Arizona, and Texas. Filing paper work within the following states under the former name of Native American Church of

42 ABNDN Resolution of ABNDN, INC. Board of Directors, November 02, 2013, p.1. 60

Navajoland (NACNL). ABNDN Inc. institutional documentation had become outdated and obsolete, putting the ABNDN in a precarious situation of not following institutional and state policies of record keeping. They were also not in compliance with their Din paradigm of Nitsáhákees, Nahat’á, Iiná, and Sihasin within their government, management, and planning of being in balance.

2. In October of 1982, Llyod K. Etsitty, and his wife, Violet Whitesinger Etsitty, of Chinle, Arizona “…filed an application to the Navajo Nation Tribal Council (NTC) and the Bureau of Indian Affairs requesting to relinquish their farmland and assign it the NACNL, Inc.”43 as a spiritual gathering place for the NACNL and its members. On December 12, 1989, the NTC “Advisory Council approved.”44 Their request and the land was turned over to the NACNL, Inc. The following spring, on April 3, 1992, the Navajo Nation President signed permits designating the site as a permanent business site of the NACNL, Inc. The designation of the Chinle site as a business lease has been an issue of discussion dating from September 15, 2012, ABNDN 1st Quarter Meeting held in Chichilta, New Mexico to the December 6, 2014, ABNDN 2nd Quarter Meeting in Page, Arizona. Mr. Benally, explained two requests were made to the Navajo Nation Land Department, (1), to change the name on the lease…from Native American Church of Navajoland Inc., to Azeé Bee Nahagha of Diné Nation (ABNDN), Inc. and (2), to only use the ABNDN name. The first request was approved but the second needed legislation to be initiated to go before the NN council to be approved. These events have created challenges and are currently being addressed by the ABNDN for the future. Changing the “business lease” to a “sacred site lease” will assist the ABNDN financially and in moving forward toward renovations with the extra funds saved from not having to pay on their lease.

3. The NACNL, was incorporated within the state of Arizona on June 11, 1984 and May 14, 1999. They were also incorporated within the Navajo Nation (NN) as a foreign organization. Then in August 2, 2003, the Board of Trustees at the time approved to officially change the name of the organization. On January 23, 2004, the NN approved this amendment to change

43 Resolution of ABNDN, INC. Board of Directors, 2013, p.1. 44 Ibid., 1. 61

the name from NACNL to ABNDN Inc. The initial articles of incorporation were filed in the state of New Mexico and have been updated on the following dates:  December 27, 1993  August 4, 1997  November 12, 201345 One official stated, “We need to reincorporate the entire organization [and] paperwork all tied to the old name change, NAC. Need to change all the policies to be under ABNDN now [and] renew all paperwork.”(ABNDN Official, 2013). Tied to this issue is the incorporation paper work of the ABNDN. One official stated, “they were incorporated within the state of New Mexico, but not fully in the state of Arizona.” (ABNDN Official, 2013). At the September 28, 2013, ABNDN Quarterly Meeting in Whitecone, Arizona, Mr. Benally stated the ABNDN Policy documents were almost completed, “which was needed to incorporate with the Navajo Nation and the states of New Mexico…” (Yazzie, 2013) Plans are to dissolve incorporation with New Mexico and renew their incorporation status with the NN, not as a foreign organization. In order to reorganize and reincorporate, the ABNDN needs to review and fully develop each of their institution’s policies. One official mentioned “funding, can’t find any policy on this or on how to use it.” (ABNDN Official, 2013). They further stated that the organization is “45 years old, why not straightened up, no structure. We had a standing committee before, but currently we have put this on hold for the policy review committee to see how to get in order [with] plan of operation.” (ABNDN Official, 2013). The official also mentioned one of the major concerns was not having a Certified Professional Accountant (CPA) within the organization.

4. On January 29, 2013, at the ABNDN BOT and executive special meeting in Chinle, Arizona, Mr. Randy Begay, ABNDN Treasurer, stated that “Right now there is no written policy addressing the flow of money.” (Yazzie, 2013, p. 1) He also expressed the need to “go back at least seven years and evaluate our spending, has money grown, are we spending too much, are we not spending much, or does it stay the same.” (Yazzie, 2013, p. 1) The ABNDN leadership was approached by Mr. Emerson Horace III, owner of Quannie Tax

45 Ibid., 1. 62

and Accounting Service located in Window Rock, Arizona. Mr. Horace explained that he could provide assistance in developing an accounting system. He stated that:

...his accounting service will control where the money comes from and where the money goes, and who puts into the organization. All information is recorded into the system. Once the system is set up, it will keep track of the money, members, and membership cards. It will keep track of money flow, money coming in, money going out and where it’s going. It will audit the organization to have accountability. (Yazzie, 2013, p. 2)

The ABNDN tried to establish this during the 1990s, but nothing developed. Questions asked were, “Would the system be channel down through the chapter level? Yes, it would go down the chapter level to be consistent throughout the organization.” (Yazzie, 2013, p. 2) This financial system would provide the efficiency the organization needs. The ABNDN would also need to continue to develop the policies to match this system. An official asked, “Who can vote since some of the Board of Directors sent alternates?” Interestingly, there was no clear answer but Mr. Benally stated, “…currently the policy does not state if these alternates have the right to vote or not at these meetings so these alternates may vote. That should be addressed in the revised policies will clearly state that in the future.” (Yazzie, 2013, p. 2) Mr. Horace suggested that a contract be made between the two parties, the ABNDN and Quannie Tax Accounting Services. Payments for Mr. Horace services would be in the amount of $997.50 per quarter or $2,897.50 for an annual payment schedule. A vote was made and this item was passed. Unfortunately, the services Mr. Horace said he would provide did not come to fruition. At the December 14, 2013, ABNDN 2nd Quarter Meeting Mr. Begay stated in his written report that “the Fort Defiance DNA – Legal Services the Executive and Board of Directors have voluntarily suspended CPA services with Quannie Accounting and Tax Services…” (Begay, 2013) Mr. Begay also explained that the “DNA – Legal Services in now in contact with Mr. Horace…” (Begay, 2013) to collect the funds that have already been paid to Mr. Horace. This was still an ongoing situation at the time of this research.

This is a very brief analysis of specific events that have taken place that continue to impact on the ABNDN. This analysis provides a different perspective of the rippling effects these events 63 have on the institutional stability of the ABNDN. There are still many past and current events and challenges that the ABNDN are dealing with. Nevertheless, the ABNDN have been working persistently and steadily preparing and updating their organization’s records and strengthening their foundations for the future. A list identifying the overall immediate and long-term challenges facing the ABNDN are addressed below.

Overall Challenges Facing the Azee’ Bee Nahághá of Diné Nation Inc.

The overall challenges are categorized into four sections under Immediate and Long-Term

Challenges in Figure 9. Sections 1 and 2 are the Immediate Challenges and sections 3 and 4 are the Long-Term Challenges. Each of the following are recommended items that need further research and development regarding the ABNDN Inc. institutional organization’s stability. They are essential subjects that need to be understood by members and leaders if they are considering to building and strengthening their institution for the future. It is recommended that these sections be analyzed, developed and instituted by the ABNDN within the time frames assigned. Some of these challenges may need further analysis and discussion among ABNDN members and leaders on its merits and benefits. This may take time and it is hoped that when this process begins, that all ABNDN officials and members are included in the discussion. This will enhance legitimacy on the decisions made regarding these challenges.

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Section 1: Immediate Challenges 1-2 years Section 2: Immediate Challenges 2 – 5 years Governing Board/Trustees: Core Immediate Challenges 1. Develop process and procedures that examines the 1. Budgets qualification of individuals to become officers. 2. Complete and Submit Reports for Recertification Workforce/Volunteers/People/Membership: 3. Orientation 1. Identify people, volunteers and elected officials 4. Conflict of Interest Policies management skills related to their positions. 5. Administrative & Personnel Manual 6. Planning & Volunteer Coordinator Personnel Policy: 7. Committees 1. Establish a formal performance measuring and 8. Recruiting New Trustees evaluation system procedure for every representative, 9. Trustee Financial Contribution volunteers and elected officials. 10. Fundraising Participation 2. Establish a grievance and termination procedures. 11. Organizations Mission & Chart of Authority 12. Youth, Professional & Graduates Council Financial Management: Involvement 1. Utilize properly prepared balance sheets and income 13. Simple Performance Evaluation Measures statement that accurately report the ABNDN’s net worth and fiscal year’s financial activities. 2. Developed regular procedure for monitoring income and expenditures and amending the annual budget. 3. Need to develop and implement proper internal controls to back up fiduciary responsibilities.

Fundraising: 1. Develop a system of communication to possible volunteers for fundraising events on an annual basis – volunteers should be informed within one annual time frame before the fundraising activity officially begins, to create and communicate their events. 2. Develop two-three fundraising events for each chapter districts or as a group fundraising annually. 3. Develop a Youth, Professional & Graduates department as a liaison to recruit college and professional students in fund-raising activities within the overall organization and the local chapter districts.

Planning Processes: 1. Develop planning processes and procedures that includes clear deadlines understood by all. 2. Develop strategies for garnering support for long- range planning. 3. Develop a climate of enthusiasm around the process of planning.

Sustainability and Leadership: 1. Need to develop a well-designed orientation and training program by qualified leader and experts for incoming executive and chapter district officials. 65

Section 3: Long-Term Challenges 5 – 10 years Section 4: Long-Term Challenges 10 – 20 years

Understanding Non-Profit Organization: Governing Board/Trustees: 1. Establish plans and procedures for organizational and 1. Look into the possibilities of having a board of program development with long-term financial incorporators (advisors or friends) that can assist the security. organization. 2. Need to considered and explore trustee liability – If Workforce/Volunteers/People/Membership: appropriate – to secure proper protection for trustees, 1. Develop and document a proper assessment of all the such as insurance protection. tasks that need to get done each quarter, especially when new officials have been elected. Fundraising: 2. Develop a balancing system that appropriately 1. Develop and establish policies and procedures for distributes tasks among members, volunteers, chapter direct mail solicitation and evaluation procedures. districts, independent contractors, and outside 2. Create personalized letters for mail solicitation (this organization service providers. could be a standardized format with short insert of the 3. Develop an effective system that can identify, recruit, official’s information). orient, motivate, and recognize the work of 3. Create procedures on follow-up mailings to non- volunteers – rewards and punishment system. responders. 4. Expanding fundraising efforts using phone calling Personnel Policy: campaigns. 1. Develop and implement compensation policies. 5. Establish proper training and scripts that callers can use. Fundraising: 6. Complete adequate research on each prospect and his 1. Develop a system and procedure that can identify or her giving history before a call is made. individual experience and skills to be utilized in an 7. Develop a system that explores and connects with effective manner in fundraising etc. local businesses for fundraising. 2. Establish a monitoring process to calculate and 8. Develop a system and procedure of solicitation organize data on funds generated at each event to be (requests) – who will be in charge of making these used as a means of measuring finances gained in requests – should be included in these procedures. these efforts. 9. Develop a system that is convenient for businesses to 3. Developed brief to the point capability statements renew their gifts each year without responding to a related to the individual agency’s need. special request for funds. 10. Develop a strategic plan and research on building Planning Processes: possible organization prospects. 2. Develop planning processes and procedures that 11. Establish foundation and public agency proposals that includes clear deadlines understood by all reflect the guidelines and priorities of these possible participants. funders. 12. Developed an appropriate problem/needs statements for inclusion in proposals.

Planning Processes: 1. Strategically identifying planning consultants and identifying their roles and responsibilities.

Sustainability and Leadership: 1. Establish policies for endowment funds that contribute to stability and sustainability of the organization. 2. Research external environment for collaboration and strategic alliances that could be developed. Figure 9: Overall Challenges Facing the ABNDN, Source, Author, 2015. 66

These were themes consistent throughout this research’s survey questions, meeting discussions, and personal comments made by ABNDN members. The above information are best practice structures that many nonprofit and businesses have in place within their organizations.

These structures could potentially provide institutional stability for the ABNDN, Inc. future, however, more research is needed to assess the possibilities of incorporating these structures within the ABNDN.

Priority Challenges

Although there are many challenges facing the ABNDN, some are currently being addressed directly. Because many of these challenges are interconnected other challenges are being addressed indirectly. Figure 9 provides priority challenges that the ABNDN needs to focus on.

These priority challenges are based from on the ground research, interviews, questionnaire, and personal observation from attendance at ABNDN meetings previously listed. Figure 10 is an example of a two (2) year time line with a brief discussion numbered 1 – 13 below of how the

ABNDN is addressing these challenges, how they can address them, and when they need to address them.

1. Budgets: a. How are they addressing this? The ABNDN have been creating their budget at the beginning of their fiscal year and have done well sticking to it. The leadership has been making the necessary sacrifices to make this happen and at times using their own financial resources to pay for many of their activities. b. How can they address these? The ABNDN must develop a budget for each of their annually sponsored events, land in Texas and Arizona, development and maintenance of these properties. 67

c. When they need to address them? At the beginning of each fiscal year and their initial planning meeting. The budget must be updated and reviewed in between quarterly meetings and reports need to be made at each meeting.

2. Complete and Submit Reports for Recertification: ABNDN executive secretary, Irene Yazzie stated that reports are due quarterly, “…don’t wait till the end of the year.” (Yazzie, 2013) Many chapters are delinquent on their quarterly reports, which could lead to non-certification. When a chapter becomes uncertified, then the registered member and Azee’ Yee Nahałáhí are considered a noncertified member not authorized to consume, purchase or transport Azee’, participate in Azee’ Bee Nahághá., nor can they conduct Azee’ Bee Nahághá ceremonies using Azee’ and Bee Nahágháhí. Membership cards are good for four years, but if a chapter is not recertified then neither are the members. a. How are they addressing this? The ABNDN developed a process where members whose chapters are uncertified can complete a temporary transfer of chapter affiliation to the nearest chapter agency to maintain their membership and Azee’ Yee Nahałáhí, status until the chapter can recertify itself at the next annual reporting time, which can be up to a year depending on the ABNDN chapter and their officials. b. How can they address these? The recertification can be addressed during orientation and at all chapter, BOT and executive official, and quarterly meetings by requesting updates be made at each of these meetings on the status of these reports. Personal inquiry by executive officials within their districts on the status of these reports. Individual members also need to take an active role in supporting and inquiring of these reports at their designated chapter meetings. c. When they need to address them? This needs to be addressed immediately before the next or first quarterly meeting in a serious and sincere manner. The sooner this is situated and reports are updated and all chapters are recertified, an analysis on ABNDN membership demographics within each district could be developed and completed. This would assist ABNDN toward creating a more professional and systematic categorization of organizational records and files.

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3. Orientation: a. How are they addressing this? Currently, several members stated “Orientations are minimal at the moment, needs to be more thorough and detailed.” (ABNDN member, 2014) This has been recognized and is being developed at the moment by the Policy Review Committee (PRC). b. How can they address these? The ABNDN needs to work together to develop a well- designed orientation* (see Appendix J) program for the future. Having a well-designed and developed training and orientation is critical in providing new members a thorough introduction to guide them in adjusting to their new surroundings, responsibilities, activities, and colleagues. This also provides focus and stability within the organization’s leadership. c. When they need to address them? New officials should receive at least 3 – 4 days of orientation. This needs to be developed soon by licensed and qualified individuals. The ABNDN Din life system philosophy needs to also be implemented within this program to ensure focus on the organization’s purpose and goals.

4. Conflict of Interest Policies: a. How are they addressing this? ABNDN’s Policy Review Committee (PRC) is currently working on this and the following policies: Purpose, Statement of Faith; Strategic Plan; Goals and Objectives; Roles and Responsibilities; Internal Fiscal Controls; Communication; Transparency; Conflicts of Interests; Compensation; Gifts; Whistle Blower Policies; Training/Orientations; and a Rewards and Punishment policies. b. How can they address these? ABNDN officials and members can address these by placing protocols and standards within their conflict of interest policies, defining what a conflict of interest is. They need to state that no ABNDN official or member of any committee must not have a conflict of interest. Conflicts of Interests Means:  No Current publicly-elected official  No Current Civil Servants  No Current ABNDN board of trustee, executive or chapter official  No Current Diné Nation, Chapter, State or Federal representative/official

* See APPENDIX J for Sample Board Orientation Checklist 69

Educating members and incoming officials on the benefits for adhering to these policies and the consequences for not. c. When they need to address them? These issues need to be addressed on a daily basis, throughout the decision making processes and during all orientations. This should also be addressed when electing new officials and committee members to positions or when soliciting financial donations.

5. Administrative & Personnel Manual: a. How are they addressing this? Currently, no administrative manual is provided to each trustee, official or representatives of the ABNDN Inc. The only administrative manual are the ABNDN constitution and by-laws which briefly outlines the roles and responsibilities of ABNDN officials. b. How can they address these? The following policies need to be included in the manual: Purpose, Statement of Faith; Strategic Plan; Goals and Objectives; Roles and Responsibilities; Internal Fiscal Controls; Communication; Transparency; Conflicts of Interests; Compensation; Gifts; Whistle Blower Policies; Training/Orientations; and a Rewards and Punishment policies. The manual needs to be distributed to all officials for each district chapter. Another addition to this could be board member contracts. (see Appendix I)* c. When they need to address them? Fortunately, this has been and is being addressed by the ABNDN. Maybe not initially as an administrative manual but through the policy review committee, established in 2012.

6. Planning & Volunteer Coordinator: a. How are they addressing this? Currently, BOT and chapter officials either nominate individuals or individuals volunteer for these positions. b. How can they address these? A proper assessment needs to be made of all tasks needing to be completed for each annual event. These tasks need to be documented. Resources used from previous years and receipts need to be assessed to generate a budget for the overall

* See APPENDIX I for Sample Board Member Contract. 70

costs of the event. This must include rental and travel costs in miles to and from location of event to be used in future planning. c. When they need to address them? Plans and costs need to be coordinated and analyzed by the end of the first month of the new fiscal year. Costs need to be updated and adjusted every two years. Tasks need to be assigned and distributed among members, volunteers, chapter districts, independent contractors, and outside service providers within the second month of the fiscal year. Planning coordinators for each district need to set clear deadlines to ensure everyone understands what needs to be done and by when. Volunteer coordinator for each district needs to provide contact persons throughout each district to assist in scheduling and coordinating these events throughout the year.

7. Committees: This is discussed in further detail in Chapter four in Recommendations III: Board Principles and Subcommittees. a. How are they addressing this? Currently all committees have been removed. The only active committee is the Policy Review Committee (PRC) who has been reviewing, updating and developing new policies for the ABNDN. They provide updates for ABNDN membership at all quarterly meetings. Upon completion of this phase, the following committees are recommended. b. How can they address these? They can addressed this by having the board establish Subcommittees to meet on a quarterly basis, or as necessary, and meetings will occur prior to each of the regularly scheduled meetings of the entire board. Subcommittees are responsible for supporting the ABNDN purpose, statement of faith, goals, gathering information, seeking options to plans, report to, work in the service of, and are instructed by the entire board. They key in assisting the board of trustees and their assistants in fundraising, clerical duties, to act as a resource in delivering, and finding information ABNDN officials need assistance with. These positions should be a permanent position throughout the tenure of the elected official’s leadership. Subcommittees should be arranged to focus on four areas central to the ABNDNs core philosophies:  Nits h kees Subcommittee: Research/Records/Documentation/Background/History.  Nahat’ Subcommittee: Communication/Transparency.  Iin Committee: Finances/Fundraising/Financial Accountability. 71

 Sihasin Committee: Education/Training/Orientation/Professional Development/ Research.

c. When they need to address them? It is hoped that the above subcommittee suggestions be addressed throughout the fiscal year at all quarterly meetings for guidance. Discussions should focus toward generating ideas to enhance implementation of the policy review committee’s new policies into these committees in a quick and balanced manner.

8. Recruiting New Trustees: This is discussed in Chapter Four in Recommendations I: The Nominating Committee section of this research. a. How are they addressing this? Currently, the recruiting of new trustees is based on volunteering and nominating individuals from the community who meet the following leadership qualities: (1) Oratory skills; (2) Experience; (3) Respectful; (4) Sincerity; (5) and their knowledge of culture. b. How can they address these? ABNDN, as an organization, would need to examine this internally and decide if they would like to develop this process further or leave it as it is. If they decide to develop this further, it is suggested they follow the recommendations provided in Chapter Four and develop an Ad-Hoc Committee and a Nominating Committee. c. When they need to address them? It is recommended to address this issue immediately, to generate ideas and suggestions. This should be discussed during all quarterly meetings, before the membership with a detailed report provided by the end of the fiscal year to the incoming leadership.

9. Trustee Financial Contribution: a. How are they addressing this? Currently, there is no system that ensures an annual financial contribution is being made by all BOT, officials and members. Some members stated that trustees do donate by their “general commitment to the organization.” (ABNDN Member, 2014) It was encouraging to hear that “If there is a system in place, most likely they will contribute.” (ABNDN Member, 2014) Currently, there is nothing definitively in place within the ABNDN. 72

b. How can they address these? The financial contribution can be addressed by educating members from a cultural and ceremonial offering perspective, rather than perceiving contributions as simply financial. It is recommended to reiterate and incorporate oral stories and cultural teachings on the importance of making offerings to Hin h Azee’, Bee Nahágháh honik’eh as a form of protection from negative entities in life. Educating needs to be done within the home by members to their children, during every chapter, quarterly meetings and at ceremonies by Azee’ Yee Nahałáhí (spiritual leader). ABNDN can implement these systems into their policies with a starting limit on how much each BOT needs to contribute at each quarterly meeting, including the general membership. In addition, financial contributions can be addressed through educational training from a for-profit and private business perspective of why donors and investors look at board member contributions to an organization before they decide to make a contribution. ABNDN must instill an understanding of making consistent contributions to the organization. It is a sign to donors that it is safe and secure to make a contribution. They can also educate how contributions provide donors the perception that as members they believe in the purpose, goals and service the organization represents. Finally, ABNDN can educate BOT that this gives donors and investors insight to the organization’s management structures to be efficient, effective and balanced. c. When they need to address them? This issue must be looked into immediately and addressed throughout the remaining years of the Benally and Thomas administration. It is hoped that the policy ground work can be completed for the next administration to implement these policies. They would need to address this at orientation and also at the first quarter meeting. This would then need to be addressed throughout all quarterly meetings and designating where the funds will be used.

10. Fundraising Participation: Although ABNDN trustees are actively involved, there are still a few that are not. As one member stated, “Not all board members are active in fundraising” (ABNDN Member, 2014). a. How are they addressing this? ABNDN does a good job by continually educating all ABNDN BOT, officials, representatives and the general membership on the importance of their financial contributions at all general meetings. 73

b. How can they address these? Fundraising can be addressed through educating members from a cultural and ceremonial offering perspective, rather than perceiving fundraising and contributions as simply financial. Time management and professionalism needs to be addressed to all BOT in regard to their roles and responsibilities. This involves their participation in fundraising events and financial contributions. c. When they need to address them? These can also be addressed by the Ad-Hoc nominating committee and during the new official’s orientation, making sure that all individuals are aware and have a clear understanding of their roles and responsibilities as BOT.

11. Organizations Mission & Chart of Authority: Peter C. Brinckerhoff states, “Your organization is a mission-based business, not a charity…” (Brinckerhoff, 2000, p. 1) He further states that “By posting the mission statement in management and board decisions, by posting it clearly, by incorporating it into personnel evaluations, you can reinforce and remind people all of the time that your mission is paramount.” (Brinckerhoff, 2000, p. 39) This is a technique used within businesses and could possibly assist the ABNDN overcome some of their challenges. This provides a visual reminder of what the organization must remain focused upon. a. How are they addressing this? Currently, there is no official illustration of the overall internal and external governing chain of command posted within the ABNDN central headquarters or their respective chapter districts. There has been no indication that this will be created at the time of this research. b. How can they address these? The ABNDN can address this at the beginning of the fiscal year. ABNDN officials would select and nominate a candidate for this project by the first quarter meeting. A current college student within the fields of computer designs, marketing or graphic arts would be a good candidate to put this together for the ABNDN. When completed, the illustration should be posted within the ABNDN headquarters in Chinle and within all chapter districts where the ABNDN is active. c. When they need to address them? The design would be presented to officials at the second quarter meeting. The design and project should be completed by the third quarter meeting. A final presentation will be made at the fourth quarter meeting and presented at the annual convention.

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12. Youth, Professional & Graduates Council: On July 27, 2013, during the 20th Annual District 7 ABNDN “Education Day” Mr. Clark stated these “…plans were put into place and to be developed…” but nothing has come to fruition. ABNDN members recognize the potential of having a Youth, Professional & Graduates council within each district. One member stated, “They are not used, if we had an effective curriculum set up for teaching, and instilling…they need to return…volunteer to help, they would…it’s so discouraging, especially when we can’t move forward. I’m sure many college grads are where they are because of Azee.” (ABNDN Member, 2014). Although this is the situation, efforts are being made to develop this council. a. How are they addressing this? Currently, ABNDN officials have been actively involved within the youth. The ABNDN includes the youth throughout all their annual conventions and events. Recently, efforts were made to garner youth and student interests in developing this council but the attendance was low. This continues to be a work in process and the ABNDN continues to include all students within their activities. b. How can they address these? A demographic analysis needs to be completed on the official numbers of ABNDN members, youth, and students within each chapter district. This can be accomplished when reports are reported accurately and timely. The analysis would provide a better perspective on the feasibility of developing councils within districts. This could be a mechanism for training and developing future leaders for generations to come. It could lead into educational programing, internships and scholarships. It could enhance coordinating efforts for fundraising and assist in setting strategic plans for annual events sponsored by the ABNDN. Finally, they could develop a well-designed curriculum for programming that could be implemented. With cultural and western educational resources in close proximity, this can be a reality. The potential could generate grant funding that could be used toward infrastructures. c. When they need to address them? They can address this during orientation, the first planning meeting for the fiscal year and at each quarterly meeting to generate awareness and ideas.

13. Simple Performance Evaluation Measures: These systems are discussed in further detail in Chapter Three, section titled Performance Measures& Balance Scorecard. 75

a. How are they addressing this? Currently, there are no performance evaluation measures of ABNDN officials or trustees that have been developed. Some members stated there is “None in place now but certainly needs to be put in place.” (ABNDN Member, 2014). b. How can they address these? Performance measuring system designs* (see Appendix K) and implementation processes need to be discussed further by ABNDN officials and members. An example of simple performance measuring systems that could be developed, instituted and implemented on an annual basis could include the following:  Annual reports submitted by officials and trustees for their chapter districts  Chapter official, trustees, representatives and members attendance to meetings.

This could provide updated views on weaknesses and strengths of the ABNDN on an annual basis and develop strategies to strengthen any weaknesses.

c. When they need to address them? This needs to be addressed immediately at orientation, the first planning meeting of the fiscal year and throughout all quarterly meetings to generate suggestions and ideas on this topic.

These sections numbered 1-13 were the recurring priority challenges that emerged throughout this research. Many of these challenges pose great opportunities for the organization and consequences if they are not addressed in a focused and timely manner. As explained, many are being addressed at the moment. Still others are not, but eventually they will need some attention. The following time-lines provide a brief outline on when these challenges should be addressed and completed. It is hoped that these suggestions provide guidance to the ABNDN leadership on ways of approaching these challenges.

* See APPENDIX K for sample performance measuring system. 76

YEAR 1 Steps 1st week 1 - 3 Months By 6 Months By End of Year Budgets should be Maintenance of Budget Budgets Begin Budget Summaries completed Summaries Have a system of support from ABNDN BOT, officials, Completing and Submitting Reports for Recertification Chapter recertification exec officers, admin asst. Visit each district Process should be near completion and Orientation Begin development implementation should begin Conflict of Interest Policies Develop policies Review policies Begin implementation Review and begin Administrative & Personnel Manual Develop policies Update policies implementation Solicit names from each Have a completed list of Planning & Volunteer Coordinator district solicited names Develop committee roles Have committee structure Committees Identify committee and responsiblities fully developed Each BOT will provide a Recruiting New Trustees new prospect Set contribution amount Policy should be in place Trustee Financial Contribution and identify goals for each for set amount according Review contribution BOT to expenses of each BOT Identify and plan Fundraiser structure Fundraising Participation Implementation begins fundraisers should begin Completed Chart of Organizations Mission & Chart Authority Review current mission Review Chart of Authority Revision if needed Authority Recruitment should be Youth, Professional & Graduates Council Involvement Begin recruitment completed Review and begin Evaluate and update if Simple Performance Evaluation Measures Begin development implementation needed YEAR 2 Steps 1st week 1 - 3 Months By 6 Months By End of Year Maintenance of Monthly Budget System should be Budgets Budget Summaries fully implemented Completing and Submitting Reports for Recertification Chapter recertification Implementation should be Orientation continued Conflict of Interest Policies Review and update policies Policies should be fully Administrative & Personnel Manual developed and continue implementation Make selection from Planning structure should Begin implementation of Planning & Volunteer Coordinator solicited names. Set up and be in place and fully planning structure outline planning structure implemented

All committees should know their roles and Evaluate committee roles Committees Begin implementation resposiblities to begin and responsibilities implementation Evaluate and update if Recruiting New Trustees Review process needed Review and update policy if Trustee Financial Contribution Review contribution needed Participation in identified Review and evaluate Fundraising Participation Review goals fundraisers fundraising methods Organizations Mission & Chart Authority Begin full implementation Review policies and begin Youth, Professional & Graduates Council Involvement Develop policies implementation Evaluate and update if Simple Performance Evaluation Measures Review process needed Figure 10. Example Two Year Time Line, Source, Author, 2015.

77

The Mormon Church as a Comparison Model for the ABNDN

The Church of Jesus Christ of Latter Day Saints otherwise known as the Mormon Church has instituted these forms of structures within their organization. Their religious institution’s structure is similar to the ABNDN’s structure in various ways. Figure 11a, adapted from Matt

Slick, President and Founder of the Christian Apologetics and Research Ministry (CARM) provides an illustration on the Mormon Church Structure. A brief description is provided on how these structures function as a comparison model of other religious organizations. A modified example is provided in Figure 11b as a comparison model between the ABNDN and the Mormon

Church structures. This is to provide a visual guide on the similarities and differences.

The Mormon Church, is one of the largest religious organizations in the world. Their success as an organization from their investments to the managing of their internal and external objectives has been phenomenal to say the least. As John R. Hall states, “…religions today are businesses, often big businesses.” (Hall, 1988, pp. 66-77) How are they able to do this, what kinds of structures do they have in place, how does it work and how can the ABNDN benefit from their structures? These are some of the questions that come to mind when making a comparison between the Mormon Church and the ABNDN.

G. Homer Durham, a former member of the First Quorum of the Seventy and member of the presidency of the quorum, discusses the structures of the Mormon Church in his research titled

Administrative Organization of the Mormon Church. Durham analyzes the church’s internal structures, how each function independently and with each other. His analysis provides an understanding on the authority within the church, how decisions are made, communication processes, reporting and transparency. His analysis will help to further explain Figure 11a, which only illustrates the major structural components and not the intricate details of their substructures. 78

This analysis provides an increase understanding on how the Mormon Church continues to succeed in managing their institution to achieving their objectives as a whole.

Figure 11a. Mormon Church Structure by Matt Slick, Christian Apologetics and Research Ministry, from, https://carm.org/mormon-church-structure

79

These six structures represent the main body of the Church. They are structured to work together for the organization to function properly. Durham provides the following description on the structures of local (stake, ward, and bishop) organizations.

Each ‘stake’ contains from six to ten local units called ‘wards’, each presided over by a bishop and two counselors…Stakes are presided over by a stake president and two counselors. This local organization of authority into a plural executive of three persons is typical of both line and staff agencies in the Church, and comprises a system of administration the principles of which are found in the Mormon theory of Presidency.” (Durham, 1942, p. 51)

The structure of three executives form a check and balance system throughout the entire Church.

By providing more than one person to oversee decision making on issues that concern the Church and its internal and external structures. Similarly this kind of checks an balance system is evident within the ABNDN structures to an extent.

The Mormon Church includes local level support or auxiliary organizations that oversee to the activities of the Church. These support structures are located within each stake and ward.

Similarly each of these support (Relief, Young Men, Young Women, Sunday School, and Primary) organizations have instituted an administrative system with a president and two counselors within them. They also have three to four other support organizations embedded within their structures to assist in accoplishing their objectives. This third level structure also have presidents and two counselor’s providiing further evidence that, “The Structure of the Mormon Church, then, reveals not only strong central leadership, but also effective cooperation and hard work from the group as a whole.” (Durham, 1942)

The leadersip of the Mormon Church is structured to where the president “…retains his office for life or until removed by the proper Church court for cause. The average tenure of the seven presidents has been sixteen years.” (Durham, 1942, p. 59) In retrospect the ABNDN 80 president holds this office for four years, which is the average tenure of the past three ABNDN presidents, excluding Mr. Clark, who held this position for 8 years both times he was nominated.

Nomination and selection of the president is not an issues with the Mormon Church. They have people in place to fill the position if it should become vacant. These kinds of systems are not in place in the ABNDN at the moment. This is a brief comparison model to help provide an illustration on the similarities of the ABNDN and the Mormon Church are structurally.

Figure 11b. ABNDN & Mormon Church Structure Comparison Model, adapted from Matt Slick Mormon Church Structure, Christian Apologetics and Research Ministry, from, https://carm.org/mormon-church-structure. 81

Current Environment of the Azee’ Bee Nahághá of Diné Nation Inc.

The current environment has been a little disorganized at best from the beginning of the new administration taking office. They were not provided a well-developed and detailed orientation on the current ABNDN Inc., situation, their positions, challenges and concerns. One official mentioned “we did not receive any of that, we were just given the paperwork and little information and that was it.” (ABNDN Official, 2013). This was evident from observation and comments presented at the meetings attended. These issues are not in a negative context, but rather from a looking forward and restructuring perspective. Another member when asked about the organizational structure and plans or long range planning stated, “…it’s been vaguely announced.”

(ABNDN Member, 2013). The organization is going through some turbulent times at the moment and it’s common during times of great change and restructuring to have some disorganization.

Although this may be true on some levels, the organization is working and planning for the future and in this process have a lot of issues that need to be addressed first, before they can move forward.

Working Relationship with Community & Businesses

The relationships with the community businesses in general terms have been relatively good over the years. Businesses have contributed small donations in various ways toward events and activities the ABNDN have sponsored. Businesses that have supported the ABNDN are as follows:

Past Business Support:  All Peoples Homes  Navajo Nation Scholarship Office  Navajo Nation Shopping Centers  The Navajo Nation Council  Office of the President/Vice President and Office of the Speaker 82

 Ellis Tanner Trading Company  Navajo Tractor Sales, Inc.  R&M Rent to Own – Gallup, NM  Shi’ma Traders & Pawn  Twilight Dawn Inc.  A.C. Houston Lumber Co.  Cool Runnings (Hubbell, 32nd Native American Church Convention, 1998, p. 4)

These businesses and others have contributed donations items ranging from water, food, Sheep

Herder’s Special items, Throw Quilts, Ladies’ Jewelry, Ladies’ Navajo Traditional Outfit; $50

Cash; Truckload of Fire Wood; Cedar and Ceremonial Woods; $100 Cash; and Jewelry Set for raffles over the years from local businesses and community members. The community also assist each other and their chapter officials with their time and preparing food for their meetings and special events. This is normal for some communities and businesses, but not for all.

Currently the ABNDN have not raised funds from a wide variety of local businesses. Some individuals mentioned that “this has been tried” (ABNDN Member, 2014) and others have mentioned “that this has not been done yet, but in-kind contributions have been accepted,”

(ABNDN Member, 2014) only. There is no set solicitation request process in place at this point for many of the chapter districts. There is also no system in place for businesses to renew donations towards the ABNDN events automatically. Some individuals stated that “this is not applicable”

(ABNDN Member, 2014) within the ABNDN structure or to the ABNDN. Although this may be the case for some ABNDN chapters, it is still a work in progress.

Working Relationship within ABNDN

The working relationship within and among the ABNDN leadership from my observation has been exceptional on many levels, but there are some concerns. The ABNDN sponsor four general and board of trustee quarterly meetings throughout the year. These meetings are within 83 three weeks of each other. Their meetings from September 28, 2013, December 14, 2013, January

25, 2014, February 28, 2014, and March 22, 2014 were well attended. With 65 chapters and an estimated 30,000 – 40,000 members making up the ABNDN Inc., a good working relationship is needed within the elected leadership. This was evident during the January 25th meeting in Many

Farms, Arizona when one official stated, “we get concerned when one of us is not here [at the scheduled meeting] on time, we begin to call each other and worry…” (ABNDN Official, 2014).

Nevertheless, they do have disagreements, but seem to look towards the greater good of the organization.

The ABNDNs working relationship does not only include the ABNDN members and officials. As a 501 (c)(3) nonprofit organization they have a working relationship with the Internal

Revenue Service (IRS), state, federal and tribal nation agencies that need to be monitored. This includes submitting their annual financial reports by the dates specified. Reports also need to be submitted to the Corporation Commission offices for the states of Arizona, New Mexico, Utah,

Texas and the Navajo Nation. Report items that must be submitted include the following:

1. Address of Business 8. Directors information 2. Address of Statutory Agent 9. Financial Disclosure 3. Secondary address 10. Certificate of Disclosure 4. Character of Business 11. Statement of Bankruptcy or 5. Capitalization Receivership 6. Shareholders Information 12. Signature 7. Officer information

The ABNDNs reporting relationship has been good over the years except for a few instances where reports were late. Other working relationships are with the Texas Drug Enforcement Agency and the Department of Public Safety, who are sent hauling permits, membership card information, the amount of peyote purchased and date of the purchase. This includes law enforcement agencies 84 within these states. Their relationships has been good, but due to abuse of non-Natives purchasing and hauling peyote these relationships are strained because of these loop holes within the monitoring of these systems. These are some of the internal and external working relationships that are present.

The ABNDN also sponsor four (4) major events throughout the year which are documented on page four of their Constitution and By-Laws. These events are the following:

1. Azee’ Bee Nahághá of Diné Nation Annual Convention. 2. Azee’ Bee Nahághá of Diné Nation Youth and Education Day. 3. Azee’ Bee Nahághá of Diné Nation Veterans Day during Veterans Day. 4. Azee’ Bee Nahághá of Diné Nation Annual Spiritual Pilgrimage to Hebbronville, Texas.

These events are an enormous task to accomplish and each have a significant meaning and purpose for the ABNDN organization. These events are also sponsored by chapter districts. The ABNDN use these times to education their membership on the history, purpose, statement of faith, the Diné life system of Nitsáhákees, Nahat’á, Iiná, and Sihasin, language and culture. These events are also times to education and remind the youth, members and communities on the importance of protecting, preserving, promoting and fostering Azee’, Nahághá, and Azee’ Bee Nahághá.

In order to accomplish these events successfully there must be collaboration, open communication, harnessing of resources in food, human resources, and materials. These must be completed in a timely and balanced manner over great distances in and to the location of these events. It can get tiresome, but these events have been completed successfully over the years and during the current administrations time in office. One example of the working relationship within the ABNDN was evident in the planning of The Annual Spiritual Pilgrimage, which was scheduled for April 25-27, 2014 at Hebbronville, Texas. 85

The cost of the portable commodes and solid waste disposal.” They also schedule to have “15 Rooms were blocked at Hebbronville Executive Inn....Food preparations…April 25th and April 26th, those that will cater breakfast, lunch and dinner…Food handler’s permits are required to prepare and serve food. It is anticipated that 300 people (more or less) will be served on Saturday afternoon. Brunch for April 27th will be served by Amos Lincoln family. David J. Tsosie will be purchasing a steer from Coalmine Canyon for $600 for consumption at the Pilgrimage…Eugene Bedonie contributed $54.07 towards the Pilgrimage, Dilcon Chapter donated $100, Julius Clah donated $100, District 9B donated $20, District 5 donated flour, salt, baking powder and lard; and William Singer donated sheepherder’s special... (ABNDN Jan. 25, 2014 meeting minutes).

There is a relatively good working relationship within the ABNDN among several individuals when it comes to these events. Good working relationships are evident within the ABNDN on different levels depending on the situation, but this should not have to be the case. Working relationships need to be consistent in all activities from reporting, participation, attendance, donating, and in planning annual events. This includes relationships with external entities, reporting and communication with each other. These are all a work in progress and will take time for some of these issues to be fully addressed.

The ABNDN Context

The ABNDN is vibrant in their human resources with a large population. The immediate challenge for the ABNDN is obtaining and reorganizing their institutions documents from internal policies, records, contracts and land leases. These documentations at the moment are the organization’s immediate concerns. Everyday concerns are to protect, preserve, promote and enhance their ceremonial way of life including sponsoring their annual events. These all need financial and human support and communication is essential for these to be successful.

Currently the ABNDN do not and have not completed any demographic data gathering on their membership to my knowledge. The only demographic data that have been gathered are the 86 number of members and Nah h who have active and non-active membership cards and certificates. In regards to their percentage of population by age, gender, and education, these are missing and have not been created, monitored and updated annually. This would be beneficial for the ABNDN to develop for the future because it would provide a comprehensive perspective on the ABNDN organization. This information could provide data for funding and programing opportunities in the future.

Although the ABNDN may not have begun to gather and develop any demographic data on their members distinguishing the percentage by gender, age, demographics and education.

Below is information (see Figure 12) that was referenced from the Navajo Nation Economic

Development web page. This information can help to provide demographic context to the ABNDN situation to some extent. One area to observe is the telephone services section. This provides perspectives on the ABNDN situation in terms not only as an organization, but as part of the larger

Navajo Nation. In order to develop some of their institutional capacities, some issues may need to be to address at the government and larger community levels first.

87

An overview of the Navajo Nation - Demographics Percent Total Population 180,462 100.00 Male 88,469 49.02 Female 91,993 50.98 American Indians 175,228 97.10 Navajo 173,987 96.41 Median Age 24.0 Housing & Household Number of Housing Units 68,744 100.00 Occupied Housing Units 47,603 69.25 Vacant Housing Units 21,141 30.75 Trailer Units 12,885 Housing Units Lacking Complete Plumbing Facilities 15,279 31.9 Housing Units Lacking Complete Kitchen Facilities 13,447 28.1 Housing Units Lacking Telephone Service 28,740 60.1 Number of Households 47,603 Number of Families 37,903 Average Household Size 3.77 Average Family Size 4.36 Per Capita Income $7,269 Median Household Income $20,005 Median Family Income $22,392 % Individuals Below Poverty Level 42.90 % Families Below Poverty Level 40.10 % Families w/Female Householder Below Poverty Level 53.10 Number of Vehicles 37,008 Figure 12: Source: Census 2000. Extracted by Trib Choudhary. Support Services Department. Division of Economic Development.24

24 http://navajobusiness.com/fastFacts/demographics.htm 88

Funding

According the Department of the Treasury’s Tax Guide for Church & Religious

Organizations Benefits and Responsibilities Under the Federal Tax Law publication, as a non- profit 501(c)(3) organization the ABNDN is an institution that is “…organized and operates exclusively for religious, educational, scientific, or other charitable purposes… and none of its earnings…inure to the benefit of any private individual or shareholder.” (Treasury, 2014, p. 3) In addition the ABNDN is not an “action organization” in that “no substantial part of its activities may be attempting to influence legislation…may not intervene in campaigns.” (Treasury, 2014, p.

3) Finally, the activities of the organizations are not illegal and do not “…violate fundamental policy.” (Treasury, 2014, p. 3) The organization is organized for the benefit of the public and not private interests. As an exempt organization the ABNDN follows strict guidelines of the Internal

Revenue Code by filing a 990 exempt tax form and documents each year with the Internal Revenue

Service (IRS).

As a non-profit organization, the ABNDN depends on its membership to provide the revenues for its operation. These revenues were generated through four (4) primary sources:

1. The selling of membership cards: i. $10 for new membership card. ii. $5 to renew membership card. 2. Azee’ Yee Naha certificates. i. $50 for new Azee’ Yee Naha ii. $50 to renew certificate. 3. Hauling permits for transporting of peyote from Texas. i. $10 for permit. ii. $5 for driver. iii. $5 for each person. 4. Other forms of donations by ABNDN members, business donations (i.e. resources, supplies, etc.), and grants.

However, the revenues generated through these sources are not sufficient enough to finance many of the ABNDN’s short and long-term projects. During several meetings these issues were brought 89 to the attention of the ABNDN membership to be discussed. The prices for these four (4) funding sources have not changed over the years.

On December 14, 2013, at the ABNDN 2nd Quarter General Meeting, a price increase for

ABNDN membership cards, hauling permits, passenger fees, and Naha h certificates was put before the membership. The prices for each of these items were increased. Below is the recap of the new costs:

1. The selling of membership cards: i. $15 for new membership card. ii. $10 to renew membership card. 2. Azee’ Yee Naha certificates. iii. $75 for new Azee’ Yee Naha iv. $65 to renew certificate. 3. Hauling permits for transporting of peyote from Texas. v. $20 for permit. vi. $5 for driver. vii. $5 for each person. 4. Other forms of donations by ABNDN members, business donations (i.e. resources, supplies, etc.), and grants.

The price changes came after Mr. Benally mentioned that the cost to make 500 copies of membership cards came to a total of $2,000. With the rising cost of material, gasoline, renovations, events planned throughout the year and the prices of peyote over the years. Thomas C. Markous provides a clear example of these costs and their increases according to the year below:

 1955 – $9.50 – $15.00 per 1,000 Peyote buttons.  1966 – $15.00 per 1,000  1981, 1983 (two reports) – $80.00 per 1,000  1988 – $100 per 1,000  1995 – $150 – $170 per 1,000  1999 – $130 per 1,000  2005 – $250 per 1,000  2007 – $290 – $300 per 1,000  2008 – $350 per 1,000  2007 – 2008 – $350 per 1,00025

25Maroukis Thomas C. (2010). The Peyote Road Religious Freedom and the Native American Church, University of Oklahoma Press, Norman, p. 225. 90

Due to these concerns, it was imperative that these prices went up. In comparison to the old prices they have increased by a total of $60, which may not seem like much, but it does add up. These are the funding concerns and challenges that were identified throughout this research.

The management of the ABNDN funds are also an area that is of great concern and is being addressed on a daily basis.

Financial Management

In 1996, the ABNDN experiences a heavy financial lost in the amount of $89,312 and estimated “….could soon rise to $112,312.” This financial lost created distrust from “some” member’s at the time. This was not a one-time investment but a culmination of two investments that did not come to fruition in favor of the ABNDN. The lack of having the proper internal fiscal controls within the ABNDN at the time resulted with this situation. The NACNL president at the time, Mr. Jesses Thompson, stated because of this situation “…the NACNL is reorganizing so there’s better management, record keeping and accounting.” (Navajo Nation Times, 1996, p. A1-

A2). One of the principles of Nation Building calls for Effective Institutions in order to provide proper “rules for decisions, cooperation, resolve disputes, and pursue their jointly held objectives.”26 Effective Institutions provide these rules through a “shared culture, constitutions, by- laws, and other understandings about appropriate distribution of authority, and proper ways of doing things.”27 These rules also apply to financial management of the organization.

Currently, the ABNDN does not have an internal fiscal control policies and procedures or an automated accounting data base system that is interconnected to their headquarters in Chinle,

Arizona, with the ability to track, record and submit their financial information electronically. The

26 Jorgensen. (2007). Rebuilding Native Nations Strategies for Governance and Development, 22-23. 27 Jorgensen. (2007). Rebuilding Native Nations Strategies for Governance and Development, 23. 91

ABNDN also does not have a certified public accountant who can conduct audits for the organization every quarter or on a yearly basis. One official stated, “There are still some inconsistencies and in some instances with no information on the amount of donations or contributions made by ABNDN members within certain chapter districts.” (ABNDN Official,

2013). This creates a sense of instability and a lack of accountability within the minds of ABNDN members and investors.

The situation mentioned earlier is an event that took place almost two decades ago and some members still question it today. At the time of this incident Mr. Barbone was accused of not providing timely, detailed updates or transparency to the board, executive, chapter officials and membership of his ABNDN financial activities. Mr. Barbone mentioned, “…There’s nothing wrong. People make investments everyday…either they gain or they lose…this time I made the wrong move so I lost the money…I’m going to pay it back. So what’s wrong with that?” (Navajo

Nation Times, 1996, p. A2). Today the funds have yet to be paid back to the ABNDN. This issue hampered the faith and trust of “some” members, where the ABNDN suffered as an organization leaving them short $89,312 and with “$17,580.12 in cashier’s checks and $5,573 in money orders,” at the time. This situation of repayment was and has never been resolved.

Since that time the ABNDN have been working relentlessly rebuilding their financial structure and have persevered. They are currently looking to complete and engage in a long-rang planning process to approve specific goals and objectives. It is a continuing process, which they take serious and approach it in a sincere manner. But, there are still concerns regarding the development and approval of internal fiscal controls that meet generally accepted practices. These were evident when members stated, “A financial control policy has not been adopted yet,”

(ABNDN Member, 2014) and that “Not as of date and this has been a real concern with this 92 administration where we need to put in place policies for finance.” (ABNDN Member, 2014)

These are continuing issues that are being addressed. The leadership need to focus on generating support, resources and training necessary to implement these systems and to operate it efficiently and effectively.

The ABNDN are best able to develop capable institutions of governance when they can ensure effective, working and stabilized institutions. The ABNDN needs to provide an Effective

Institutional and financial infrastructure that is able to perform and meet the following areas:

 Can and be stable, where the rules do not change easily and if they do change, they do so according to legitimate protocols of the ABNDN organization.  That will “protect the day-to-day business and financial management from political and personal interference. Keeping strategic decision making in the hands of elected leadership and management decisions in the hands of managers.”28  Provide a legal forum that will keep politics out of court decisions, which will provide a legitimate and fair legal mechanism for the ABNDN financial foundation and provide their investors with security.  Finally, the ABNDN financial institutions must provide financial administrators that can get things done reliably and effectively. 29

The ABNDN does provide key nation-building elements (bullets 2 and 3 in Figure 10) within their organization, but they lack the institutional technological foundations of a data base system that is interconnected to all the chapter organizations, board of trustees, and executive leadership headquarters. They also lack the proper expertise in an accountant within each district that the

ABNDN is active to oversee the day-to-day financial activities. The ABNDN also has not fully established clearly stated internal financial policies and procedures, authorities and description to

28 Ibid. 29 Ibid.

93 include violations for “malfeasance”, “misappropriation”, and “fraud.” They also have yet to establish an “Internal Audit” system with commissioned certified auditors for their organization.

When these have been instituted and incorporated within their infrastructure it will assist in providing the organization with a more detailed accountability. Other concerns include sudden chapter official turnovers and leadership stepping down early, which creates financial mismanagement and instability issues within their organization.

Establishing these four key structures within the ABNDN organization will assist the

ABNDN in developing their financial foundation. Institutions that have these forms of institutional infrastructure are able to track and monitor their budgets in a more proficient manner. They are able to keep focus on their objectives with the necessary checks and balances in place through fair legal forums. Finally, these systems provide a clear statement to ABNDN members and investors that their donations and contributions are secured. These forms of institutional management systems are used within many nonprofit, for-profit and private businesses to manage and achieve their goals. 94

CHAPTER THREE

NAHAT’ UNDERSTANDING NONPROFIT, FOR-PROFIT & PRIVATE BUSINESS ORGANIZATIONS MANAGEMENT & STRATEGIC PLANNING TECHNIQUES

“[We] need to be one and not different forms or kinds of organizations…we need to be ABNDN of Dine Nation!” (ABNDN Official, 2013)

The ABNDN have come a long way from its initial beginnings. One of the obstacles they face is being classified as a nonprofit 501(c)(3) religious organization, which prohibits them from various forms of fundraising activities. The obstacles they and other nonprofit organizations confront can be complex. These complexities are interconnected to nonprofit organizations funding, resources, purpose, services, location, and people who make up the organization. This section will examine these information and analyze how private business management and strategic planning techniques could be incorporated into nonprofits and the ABNDN organization and its benefits.

This section provides organizational structure and strategy information from a business and for-profit perspective. Much of the information and language may not necessarily connect directly to the ABNDN or other religious organization culture, structure and purpose. It is intended for the information to be analyzed from the perspective of connecting and making adjustments to certain topic areas to fit the ABNDN and /or other religious organization culture, structure and purpose.

This is evident in both the organizational culture and the performance measures and balance scorecard section. It is difficult to match business strategies and language to indigenous cultural institutions, which are not necessarily religious institutions, per se, but have been identified and categorized as such. The point is examining private business and for-profit management and strategic planning techniques that could possibly be incorporated in the ABNDN organization to provide management and financial sustainability for the future. 95

Nonprofit Organizations:

Nonprofit organizations/corporations (NPOs) have been part of human societies for centuries in some form or another. Robert L. Lewis states, “This whole nonprofit world of ours could well have started with one family of cave dwellers borrowing a cup of sugar from a nearby family of cave dwellers.” (Lewis, 2001, p. xvii). Lewis’ analogy, although comical, has a deeper meaning. NPOs vary in size, complexity, purpose, history and its constituencies. Israel Unterman and Richard H. Davis state, “As everyone knows, or at least suspects, not-for-profit organizations are even more complex than the creation of the earth.” (Unterman & Davis, 1984, p. vii) This may be an extreme depiction of NPOs, but they are correct and others agree that they are complex.

Thomas Wolf states, “It is not easy to describe nonprofit organizations…” (Wolf, 1999, p. 19) because they operate and represent an array of services even entrepreneurial, working in money- making ventures. Wolf further states that “In fact, a nonprofit organization is neither in the profit sector nor in the public sector but sits somewhere between the two,” (Wolf, 1999, p. 20). It is true,

NPOs operate in various kinds of businesses and can be considered a business in itself to an extent.

The differences are mainly based in the language of the IRS policy that organizations must not be organized or operated for the benefit of private interests, of the creator, shareholders and no earnings may inure to the benefit of any private shareholder or individual. This does not mean

NPOs are not businesses. Peter C. Brinckerhoff states, “Your organization is a mission-based business, not a charity. For profits chase profit—not-for-profits pursue their mission.”

(Brinckerhoff, 2000, p. 1) NPOs are not in the business of losing money, but to provide a service of some kind, move their mission forward and achieve it. Brinckerhoff believes “There is a reason that so many not-for-profits lose money, and it has to do with the perception that it is illegal and immoral for a not-for-profit to make money.” (Brinckerhoff, 2000, p. 3) The IRS clause makes no 96 reference that NPOs cannot make a profit, but only states profits may not inure to profit an individual. This is why Wolf states NPOs are “…neither in the profit sector or in the public sector but sits somewhere between the two.” These are the general differences and similarities of NPOs and FPOs that needs to be clearly understood. Leadership with a thorough understanding of these differences can have either a negative or positive impact on a NPO’s destination.

The Internal Revenue Service (IRS) placed the following standards on what businesses and organizations qualify as a tax-exempt 501(c)(3) status.

A section 501(c)(3) organization must not be organized or operated for the benefit of private interests, such as the creator or the creator's family, shareholders of the organization, other designated individuals, or persons controlled directly or indirectly by such private interests. No part of the net earnings of a section 501(c)(3) organization may inure to the benefit of any private shareholder or individual. A private shareholder or individual is a person having a personal and private interest in the activities of the organization. 30 (IRS, 2014)

Organizations, corporations, or businesses that meet these qualifications are considered a tax- exempt 501(c)(3) nonprofit entity. NPOs have bank accounts, own various assets, and receive income from various sales and activities including grants, fundraising, and donations. They can enter into contracts and employ staff if they chose to. NPOs are not necessarily required to disclose their financial information or operations for the public or state regulators unless they are a certain size. They must submit an annual yearly report with a financial balance summary to the state corporation commission they are incorporated in. They must file IRS tax form 990 each year and disclose financial information in this form. Any changes within the leadership or the name of the

NPO, documentation needs to be completed and submitted to the corporation commission office to update their records.

30 http://www.irs.gov/Charities-%26-Non-Profits/Charitable-Organizations/Inurement-Private-Benefit-Charitable- Organizations accesses 3/02/14. 97

There are several kinds of nonprofit organizations within the U.S. According to the

National Council of Nonprofit (NCN) “there are 29 types of organizations that are tax-exempt under Section 501(c)(3).”31 Other forms of tax-exempt organizations include 501(c)(6) and

501(c)(14). The National Center for Charitable Statistics (NCCS) and the National of

Exempt Entities (NTEE) are a national clearing house of data on the nonprofit sector in the U.S.

The Internal Revenue Services (IRS) and NCCS use this system to classify NPOs.32 This data base has identified “645 categories” of charitable organizations, which are categorized in “8 primary groups,”

(see Figure 13). The graph provides information on the major categories’ of charitable NPOs that are tax-exempt under 501(c)(3),

501(c)(6) and 501(c)(14) status.

The graph presents the percentage of NPOs that make up the 645 categories of charitable NPOs. Figure 13: 8 Primary Groups of NPO, Source, https://www.councilofnonprofits.org/what-is-a-nonprofit. According to the NCCS, there are

1,507,231 tax-exempt organizations across the nation with 1,036,255 public charities, 100,796 private foundations, and 370,180 other types of charitable organizations. According to the NCN, there are a total of 15,475 within the State of Arizona.

31 https://www.councilofnonprofits.org/what-is-a-nonprofit. accessed 3/14/2015. 32 http://nccs.urban.org/classification/NTEE.cfm. accessed 3/14/2015. 98

Brice S. McKeever and Sarah L. Pettijohn report that financially, NPOs “contributed an estimated $887.3 billion to the US economy in 2012, composing 5.4 percent of the country’s gross domestic product (GDP)”. (McKeever & Sarah , 2014, p. 1) Not only do NPOs provide economically to the economy, they also provide employment for many. According to the Bureau of Labor Statistics, U.S. Department of Labor, The Economics Daily, “Nonprofits account for 11.4 million jobs, 10.3 percent of all private sector employment.”33 (United States Department of Labor,

Bureau of Labor Statistics, 2015). This information provides a better understanding on the background, purposes, impacts and number of nonprofit and charitable organizations within society. This information also includes public, private and government foundations.

For-Profit Organizations:

For-profit organization (FPO) exists primarily to make money for private individuals, which is, to take in more money than they will spend. They are either, (1) owned by a closed private group of people or (2) the public owns shares of the organization. There are three types of

FPOs. A Sole Proprietorship is where the entire business is the individual who owns it. This is the most general and simplest form of FPO because the individual holds all liability and reports all financial information to the IRS. Second, is the General Corporation, which is owned by a number of individual stockholders who can buy and share their stock at a profit or loss. The stockholder is responsible for the liabilities up to the number of stock they have invested in the organization.

Third, Limited Liability Corporation (LLC), which is one of the more common forms of FPOs. A partner’s or an investor’s investment in the organization is protected to only the value of his/her investments in the organization. LLCs are recognized within the states they are incorporated in

33 http://www.bls.gov/opub/ted/2014/ted_20141021.htm accessed: March 21, 2015. 99 and file profits as their own personal income to be taxed. Based on these general descriptions of

FPOs, there are subtle differences between its purpose and structure of that of an NPO.

Success Factors & Challenges in Nonprofits

There are numerous NPOs across the nation and around the world. Each have an impact on society in financial, social, educational, health, and cultural knowledge and understanding services. Their successes are evident on many levels just in providing these resources for people in general and for those who cannot afford the service. Over the decades from 1960s – 1970s, nonprofits were successful due to social and civil activism prevalent during the time which propelled new legislation, policies, and an economic situation that helped to further the needs for nonprofits. Yet over the decades, “…the overall picture of NFP management performance is more negative than positive. There are thousands of successful NFPs but, throughout the United States’ total of 850,000 not-for-profit organizations, there is unnecessary waste, turnover, and failure.”

(Unterman & Davis, 1984, p. 4). During the late 1970s – 1980s, the situation had not changed and still many NPOs continued to fail due to the challenges mentioned above. Today the situation changed little as Jan L. Ronchetti explains these situations have prompted discussions of what is, can, or should be considered “success factors” and “success” in general within a nonprofit that has developed from failures of NPOs. These discussions have provided varying perceptions on and about what NPOs need to do in order to succeed.

From an institutional, managerial and financial perspective, scholars explain that in order for NPOs to succeed, they need to have a clearly defined vision, mission, goals and objectives.

This includes a stable functioning board; institutional stability in communication; transparency; clearly defined internal policies for good governance; conflicts of interests; financial mechanisms; 100 measuring system; training/orientations; marketing; recruiting; and a rewards and punishment system. (Brinckerhoff, 2000; Unterman & Richard, 1984; Wolf, 1999; Werther & Berman, 2001;

Zaleski & Zech, 2006). For businesses, these structures and systems are essential to their existence. Although both NPOs and FPOs differ in their purposes on many levels, they are similar in that they need to be managed properly to provide their services in an efficient and effective manner to their constituencies.

The struggles of NPOs are real, especially for religious organizations. There is little to no research completed on organizations such as the ABNDN or the Native American Church within

North America and the Navajo Nation focusing on their institutional stability and systems of operation. Today, much of the research in management science and theology focus on nonprofit and for-profit organizations but not necessarily religious organizations, especially American

Indian religious organizations. Nevertheless, research continues to be produced by scholars focusing on mainstream religious institutions. These studies are essential in providing an analysis between American Indian and mainstream religious institutions showing their distinct differences and similarities in institutional structures and management systems. They also provide an examination of success factors within their organizations. Peter A Zaleski and Charles E. Zech’s article, Efficiency in Religious Organizations explain that:

The largest and perhaps the most under analyzed members of the nonprofit sector are religious organizations. Like other nonprofits, their success depends on a large extent on the strength of their internal organization and on the decisions made by their management. As with other service organizations, their most critical resource is human capital. Their ability to manage that resource is of paramount importance. ( (Zaleski & Zech, 1997, p. 3)

The concerns ring true with the ABNDN who depend heavily on their human resources and are currently redeveloping and restructuring to strengthening their internal organization for the future. 101

The ABNDN have committed leaders and members, which is not unusual or uncommon; it is one essential need for nonprofits to be successful.

From a nonbusiness perspective, many nonprofits are run by individuals who have a strong passion and belief in the vision, mission, goals and services the nonprofit provides and they continue to endure. Unterman and Richard describe that, “In one poll of leading business people, the overwhelming majority rate NFP staff high on dedication and social consciousness and markedly lacking in business and financial management skills.” (Unterman & Richard, 1984, p.

3). It is becoming more of a need than a necessity to balance passion with advanced training and experience within the organization’s staff and leadership. Without this balance, many nonprofits have failed and “At a minimum, they seem to survive from crisis to crisis.” (Unterman & Davis,

1984, p. 3) Others have ceased to exist. There are three main areas for these concerns. First, is the training and experience of the organization’s leadership and staff. The second is the internal stability of the organization. The final concern is the external environment within which the organization exists. These three areas need to work collaboratively with each other in order for an organization to continue to succeed and exist.

Maria Ershova and Jan Hermelink state, “In the current shift towards a rapid changing, globalized environment and individualistic society, almost no one dares to predict the changes that will occur in the next ten years.” (Ershova & Hermelink, 2012, p. 222). Change is evident throughout society and continues to evolve. With change exists needs and uncertainty, especially within organizations. They further state, referencing Simon Caulkin in their explanation of changes in society and organization’s life span, describing that, “In the world of economics, many organizations are not able to cope with the rapid unpredictable fluctuations in the social environment: Cauklin stresses that the average life cycle of most organizations is some 40-50 102 years.34 Even though churches belong to the longest-living organizations in the world, they face tremendous challenges as well.” (Ershova & Hermelink, 2012) With these continuing changes in society, technology and economics, organizations and their leadership need to be stable in these areas within their organization.

This is a brief explanation touching on several components considered success factors within nonprofits and for-profits. Another component that is not specifically mentioned to constitute a success factor is the culture of an organization. The culture of an organization is indirectly mentioned because they are intertwined ideas within the organization’s leaders, members and their communities. Having a good understanding on an organization’s culture is important because it provides information on the identity, values, motivation, weaknesses and strengths of the organization. Institutions and leadership that are lacking these mechanisms of stability and understanding do not last long and eventually dwindle into nonexistence.

Understanding Nonprofit Organizational Structures

There are various forms of organizational structures within nonprofit and for profit organizations today. Structures range from simple to complex. The simplicity and complexity of structures depend on the size, purpose, and funding sources of the organizations. These vary from organization to organization. In order to define and understand what kind of structure an organization has, one must first understand what kind of culture the organization is. An organizational culture is described as the “character of an organization, encompassing the beliefs, values and attitudes of its members.” (Ershova & Hermelink, 2012, p. 223). The authors emphasize that “this concept is useful when it comes to changes in environment and organizations, as no change can be made without a change in people’s minds.” (Ershova & Hermelink, 2012). With

34 Simon Caulkin, The Pursuit of Immortality, In: Management today, May 1995, 36-40. 103 regard to the ABNDN current situation, it is important to understand organizational culture concepts.

Maria Ershova and Jan Hermelink provide an explanation of the theory known as the

“Competing Values Framework,”35 based from Kim Cameron and Robert Quinn’s research on this topic. They used this framework to provide a comparative culture analysis on three religious institutions including the Roman Catholic Church, the Lutheran Church, and the Reformed Church using specifically designed interviews with leaders of these institutions. They explain this framework categorizes organization’s cultures into four types: (1) family (Clan), (2) Adhocracy,

(3) Hierarchy, and (4) Rational (Market). They argue that using these four categories, organizations can be analyzed through several dimensions or “two opposing dimensions of values:

(1) Flexibility and Discretion, Stability and Control, (2) Internal Focus and Integration, and

External Focus and Differentiation.” (Ershova & Hermelink, 2012) The four (4) types are provided in Figure 14 below:

35 Cameron, K. S., & Quinn, R. E. (2006). Diagnosing and Changing Organizational Culture: Based on the Competing Values Framework. San Francisco: John Wiley & Sons, Inc. 104

Figure 14: Competing Values Framework. Source: Cameron, K. S., & Quinn, R. E. (2006). Diagnosing and Changing Organizational Culture: Based on the Competing Values Framework. p. 35. Copyright © 2006 by John Wiley & Sons, Inc. All rights reserved.

These scholars argue all cultures encompass a combination or aspects of each of these four culture characteristics within them, although they differ to an extent, they are evident still within all organizations. Each division or subculture creates tension for and within each culture and organization. The opposing dimensions of values create a perspective within which an organization can be analyzed. In observing the diagram, we can see some characteristics within the ABNDN organization. Finally, these scholars provide that these dimensions can present the directions that organizations wish to change. From this analysis, the authors categorize organizations into four basic cultural structures as shown in Figure 14 and adapt them to religious institutions.

The outline descriptions of the four organizational cultures reviewed, as referenced from

Ershova and Hermelink research, include the following:

 The hierarchy culture is a strict top down relations structure, main focus is their internal problems, predictability, integration, stability and control. Long-term concerns are stability and efficiency. Leaders are effective and the institution’s guidelines are perceived as the law/glue of the organization. There are no reward 105

systems and changes can only and must be made following the organization’s procedures.  The family (clan) culture is flexible, consider themselves as being a family, community members (constituencies) are considered part of the extended family structure. The development of people within the organization are provided for. Leaders are considered mentors/advisors, their focus is internal issues and the most important characteristic is personal commitment, illustrated by lifetime commitments by their leaders and volunteering with-out payment.  The rational (market) culture is result-oriented focused on external environment, stability, control and achieve tasks within a fixed time frame. Financial resources come from government for some and church tax collections, so they are constantly searching for resources. Responsibilities are church politics “public opinion, the strategic political games, positioning and reputation.” (Ershova & Hermelink, 2012, p. 226).  The adhocracy culture is very organized, creative, innovative, and is very entrepreneurial. They emphasize positioning themselves with their external environment and having flexibility. Their values are “adaptation, change and flexibility.”36 (Ershova & Hermelink, 2012, p. 226)

The ABNDN’s current and past organizational structure presents strong similarities with the family (clan) structure. Their internal focus and values is flexibility. They are supporting and emphasize collaboration between their members, leaders, and their communities. They also try having a committed and cohesive work group and high job satisfaction by exercising their philosophy of K’e – Relationship through practicing Nits kees – Thinking, Nahat’ – Planning,

Iin – Life, and Sihasin – Rightful living teachings in all activities. Due to their geography, time, place and technology, they could easily become disconnected and irrelevant with the external environment, especially within a world of change. These are strong attributes to have as an

36 Ibid., 37-45. 106 organization. To achieve their goals, the ABNDN needs to maximize these attributes to be efficient and effective in their endeavors they are currently pursuing.

These frameworks are important to understanding the types of organizational culture structures there are and how they work in an environment of transformation. These scholars’ research provides an analysis on mainstream religious institutions as they confront transformation and reorganization. Providing an examination of the internal organization’s culture, tenets and how they react to adjustment. Furthermore, it provides reflection of how spirituality and administration are balanced within the institution and what role culture and administration play in these changes.

Finally, it is imperative to understand that culture is not always positive, especially within an organizational setting. It can create disharmony if there is too much emphasis on culture and “…if it conflicts with the purpose of the organization, its environment or other important factors.”

(Ershova & Hermelink, 2012, p. 224) .

Culture is an important aspect of an organization and can possibly be considered the organization’s identity. Kim S. Cameron and Robert L. Quinn similarly emphasize why it is imperative to balancing both the administrative and culture of an organization, they stated:

The failure rate of most planned organizational change initiative is dramatic. It is well known, for example, that as many as three quarters of reengineering, total quality management (TQM), strategic planning, and downsizing efforts have failed entirely or have created problems serious enough that the survival of the organization was threatened. What is most interesting about these failures, however, is the reported reasons for their lack of success. Several studies reported that the most frequently cited reason given for failure was a neglect of the organization’s culture. In other words, failure to change the organization’s culture doomed the other kinds of organizational changes that were initiated. (Cameron & Quinn, 2011, pp. 1-2)

This phenomenon is not only an issue for the ABNDN organization, but is prevalent throughout the nonprofit and for-profit world. Cameron and Quinn provide a general example of the ABNDN 107 organization’s situation of rotating back and forth from balance to imbalance. Imbalance created by issues of abuse by ABNDN members and leaders have been prevalent throughout and within the ABNDN as with any other organization. Abuses can be identified within two general categories, (1) not adhering to the moral and personal ethics of the institution, and (2) not following or having the proper policies and procedures in place when doing business or making decisions on behalf of an organization. Although the ABNDN has traversed situations of imbalance institutionally, they are currently making strong efforts reorganizing their institution’s internal and external structures and not neglect their institution’s culture in this endeavor.

This section’s purpose is to provide a general description and understanding of a few organizational culture models. It is important to understand that organizational culture is important within an organization. Culture can have a negative and positive impact on an organization and changes (strategic planning) they plan to make or develop. This is especially true in reference to

Cameron and Quinn’s quote earlier that “…failure to change the organization’s culture doomed the other kinds of organizational changes that were initiated.” A balanced change must occur not only within the institutions internal and external structure but within the members, leaders and their community. These will provide a positive outcome, but more importantly this will provide legitimacy to any strategic planning efforts and administrative and cultural adjustments. These are similar to Nation-Building theory principles.

Currently, there are ongoing discussion and debates of what changes need to or should be implemented within the ABNDN. This research briefly touches on the purposes and the possibility of incorporating for-profit and business management and strategic planning structures into the

ABNDN organization. Throughout the decades, there have been a handful of leaders who have had advanced training within certain fields to successfully lead the ABNDN organization. At other 108 times, many of the leaders were uniquely gifted with only having what was called a “five-year work training program” education. Today, there is a deficiency of professional staff with advanced degrees (Doctoral, MBAs, Juris Doctorate, etc.,) training in financial, engineering and computer technology fields in the ABNDN. According to many scholars, this may pose concerns for the future. Today, it is becoming more of a vital necessity rather than a need for NPO leaders and support staff to have these experiences for them to thrive.

Theory: Incorporating For-Profit, Private Business Management & Strategic Planning Techniques into Nonprofit Organizations

Nonprofit organizations are complex systems, they are not static but are constantly changing and adapting to the needs of society. The above information are key areas that need to be understood to understand the complexities and challenges NPO and FPO leaders are responsible to overseeing on a daily basis. Nonprofit organizations need to consider new techniques to compete in this rapidly changing society. Competition for resources are increasing and the sophistication and complexity of technology is enhancing each day. Because of these issues Israel Unterman and

Richard H. Davis argue, that private business management and strategic planning techniques could be incorporated into many nonprofit organizations successfully to address these concerns, stating:

The application of private business managerial techniques can directly help NFP management. It is not claimed that that this transferability is a permanent and comprehensive panacea for curing all the ills of the NFP sector. However, we strongly believe that the broader adoption of this basis concept can contribute material, positive changes to the working relationships within and ultimately performance of NFPs. (Unterman & Davis, 1984, p. 4)

Today, regulations and reporting policies are becoming more and more demanding just to renew an organizations certification. Managing and organizing these activities is becoming even more demanding and critical for officials. That professional management and organizational skills are 109 increasingly required within nonprofit organizations. Because of these transformations, NPOs are beginning to address their activities in a more professional business-like manner.

The integration of private business management and strategic planning techniques into nonprofit organizations is a fairly recent phenomenon which started during the 1980s. Unterman and Davis were one of the few scholars to first address this topic in their research. They discuss why nonprofit organizations were having difficulties and challenges and argued that NPOs need to seriously consider the above techniques. They state:

1. NFPs suffer from the lack of well-planned strategic directions and the broader need of strategic management. (A useful definition of strategic management is ‘a conscious effort by any organization to select critical objectives and goals and then create policies to achieve those goals. These goals should then be clearly stated so that everyone involved knows where the organization is going and how it should get there. Implementation must include the structure of the organization, the authority and responsibilities of people in it, a system of rewards and punishments, a control and information system, and a selection and training system.’) 2. The average NFP trustee is not being well used. 3. Most, if not all, private business techniques can be successfully adapted to the NFP world. (Unterman & Davis, 1984, p. 2)

The author’s definition of “Strategic Management” lays out twelve discussion points (select critical objectives; goals; create clearly stated policies; implementation structure; authority and responsibilities of people; a system of rewards and punishments; information system; and a selection and training system). These discussion points are what organizational leaders, members, and their community need to address. John M. Bryson states that organizations need to, “think strategically as never before…translate their insights into effective strategies to cope with their changed circumstances…develop the rationales necessary to lay the ground work for adopting and implementing their strategies.” (Bryson, 1995, p. 1). These observations brings clarity to the situations of many nonprofit and provides an insight to what needs to be done strategically.

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Strategic Planning

Considering the complexities of nonprofit organizations strategic planning techniques can provide valuable features to benefit from. The benefits can provide a roadmap for an organization to stay on track to their purpose and achieving their goals. Bryson explains that there are many benefits to strategic planning but there are a few that need particular understanding by organizations. These benefits are briefly outlined below.

1. Strategic planning promotes strategic thought and action, which lead to efficient information gathering of an organization’s external and internal environment. 2. Strategic planning improves decision making capabilities by focusing the organizations attention on critical issues and concerns. 3. Strategic planning provides organizations to be more responsive and improving their performance as an organization. 4. Strategic planning can directly impact an organizations members in positive ways.37

These benefits need to be considered and observed as flowing from one point to the next.

Organizations need to be able to critically analyze their environments. They need organization with clear communication processes to make well thought out decisions, leading to quick action to address situations. Helping organizations focus energies and resources efficiently and effectively. One of the challenges concerning the ABNDN is the issue of strategic vision for the organization. The ABNDN have redeveloped their charter of incorporation, their constitution and by-laws for their organization, which addressed many Nation-Building model examples below in

Figure 7 to good governance, yet, they had been lacking the following central concerns, of

Strategic thinking, planning, financial vision, management and action for their organization and its members. This is a vital aspect of the Nation Building model for governments and enterprises-

37 Adapted from Bryson, J. M. (1995). Strategic Planning for Public and Nonprofit Organizations: A Guide to Strengthening and Sustaining Organizational Acheivement. San Francisco: Jossey-Bass. p. 7. 111

The Nation-Building Approach  Native nations Asserts decision-making power. (Assertion of Self-Determination)  Native nations back up that power with effective governing institutions. (Effective Institutions)  Governing institutions match indigenous political culture. (Cultural Match)  Decision making is strategic. (Strategic Long Term, Community Relationship Building Vision)  Leaders serve as nation builder and mobilizers. (Strong, Capable Leadership) Figure 7: The Nation-Building Approach. Adapted from Jorgensen, (Cornell & Kalt, 2007, p. 19)

to be successful. Nevertheless, the ABNDN must consider developing a strategic plan on their future of what they are trying to achieve as an organization that includes ABNDN members for generations to come. This needs to be a continuing process that needs to include evaluations on all their activities from programing, officials, communications, and fundraising etc.

Many scholars have explained how organizations need to approach strategy formulation.

Approaches vary according to an organizations situation. Strategy approach based on Bryson’s preferred approach lists the following:

1. Initiate and agree upon a strategic planning process. 2. Identify organizational mandates. 3. Clarify organizational mission and values. 4. Assess the organizations external and internal environments to identify strengths and weaknesses, opportunities and threats. 5. Identify the strategic issues facing the organization. 6. Formulate strategies to manage these issues. 7. Review and adopt the strategic plan or plans. 8. Establish an effective organizational vision. 9. Develop an effective implementation process. 10. Reassess strategies and the strategic planning process. (Bryson, 1995, p. 23) 112

The differences in these listed items is how the organizations approach these internally and

implement them. Bryson, explains this approach as a “strategic management process” that infuses

strategic planning within it. He identifies his approach as “The Strategy Change Cycle.”

Organizations need to approach their strategies as a continuing cycle and that at each section

“action, results and evaluations” need to be made by the organization. Figure 15, below, is an

updated example by John M. Bryson detailing cycles of changes within an organizations structure.

Figure 15: The Strategy Change Cycle. Source: Bryson, John M. (2011). Strategic Planning for Public and Nonprofit Organizations: A Guide to Strengthening and Sustaining Organizational Acheivement. pp. 44- 45. http://media.wiley.com/assets/7191/24/001_StrategyChangeCycle.pdf. Copyright © 2011 by John Wiley & Sons, Inc. All rights reserved.

The above provides a systems of checks and balances, measuring systems and evaluation

processes. Strategic planning suggests organizations to examine their organization and identify 113 key points* to measure the performance of the strategy they have chosen in these areas. The performance measures of the key points are then evaluated by the organization. They then create a report and present their findings to their board. These are then reviewed and presented to investors and shareholders. Businesses work painstakingly at these forms of strategic planning and review their results annually. At the end of the fiscal year a report is made on the effectiveness of their strategy and make adjustments for the next fiscal year accordingly. Strategic planning should be completed every 4-5 years. This is a continuing cycle that nonprofits can benefit from and need to seriously consider, especially the ABNDN organization.

Strategic planning is one if not the most important aspect that businesses do to create a smooth functioning organization. David Wade and Ronald J. Recardo’s explain in their research that many leading business experts and economists agree that an organizations selection of a strategic plan and focus is critical to their success. Multi-national corporations and retail industries, have benefitted financially from selecting a comprehensive strategic plan with information on how to implement it. They also state that, “Beyond having a strategy, the managers of…top financial performers emphasize something else: a performance measurement system that ties every aspect of the organization—from the boardroom to the factory floor to the strategy. This is known as

‘alignment management.’” (Wade & Recardo , 2001, p. 2). Nation-Building principles on strategic planning consists of Strategic Clarity; Strategic Alignment; Clear Roles; Administrative

Competence; Coordination; People; Accountability; Revenue and Cultural Match;38 for strategy development and implementation to succeed. These concepts are similar to business strategies.

* Organizations need to identify key areas within their organization and not necessarily the ones that are presented in Figure 15 above. The model above presents general areas that are universal to an extent in many nonprofits. These key areas can be and are different in other nonprofits especially religious organizations. 38 Jorgensen M. (2007). Rebuilding Native Nations Strategies for Governance and Development, Tucson, University of Arizona Press, pp. 152-169. 114

The ABNDN have recently been having many of these discussions, but it needs to be made concrete, written down, and implemented into their constitution and by-laws of the organization.

The ABNDN strategic plan should be “aligned with the administrative organization and actions of the strategic direction of the organization.” (Cornell & Jorgensen, 2007, p. 154) The strategic plan should be a long term vision for at least the next 60 years. It should entail the steps and processes on how they are going to achieve this.

Performance Measures & Balance Scorecard

In addition to selection and implementation of these systems and aligning them, businesses need to select and implement a “balance performance measuring”39 system. From a business perspective, performance measuring systems need to be carefully selected to fit the businesses purpose. Wade and Recardo, explain that “there are three basic business strategic focuses: (1) cost- focused, (2) product-focused, and (3) customer-focused.” (Wade & Recardo , 2001, p. 4).

Referencing Wade and Recardo, a brief outline description of these strategies are provided below.

 Cost-Focused, strategy is providing a service and product that is not expensive within a certain market, (Wal-Mart and GIECO practice this).  Product Focused, strategy is to provide excellent customer service, enhanced distribution networks, and customization of product, accessibility of product parts and the merchandise has a good reputation/image, (JP Morgan, and Hewlett- Packard follow this).  Customer Focused, strategy is to provide customers with a unique, value-added product with special features that have a premium price. These product are not provided in quantity but in quality, meaning there are few of these products which provides “customers with the highest levels of service.”40

39 Wade, D.; Recardo. R. (2001). Corporate Performance Management: How to Build a Better Organization Through Measurement-Driven Strategic Alignment, Butterworth-Heinemann, p. 4. 40 Wade, D.; Recardo. R. (2001). Butterworth-Heinemann, pp. 4-5. 115

The strategic focus sets up the balance scorecard measuring systems. These measuring systems measure the performance of company in various areas. These areas are the Financial Flow;

Customer Satisfaction; Operations; Organizational; Technology; and Innovation; Process

Performance Measures; Job Performance Measures; and Individual Performance Profiles. These areas need to be linked together for the organization to be effective. The purpose of this measuring system “…is to communicate strategies direction; establish performance categories, baselines and targets; identify which business processes directly impact cash flow; and provide the links between strategy, the business plan, and employees’ activities.” (Wade & Recardo , 2001, pp. 5-6). The responsibility of connecting performance measures is bestowed upon management.

The Harvard Business Review, editor stated that, in 1992, Robert S. Kaplan and David P.

Norton founded the concept of the balanced scorecard. A performance measuring system that not only measures the financial performance, but measures the internal and external performance of an organization. It has since revolutionized how companies approach measuring the performance and health of their companies. It is a valuable system and technique that companies use to remain competitive. Many businesses utilize this system within their structure because it predicts future financial performance and not past performances.41 This measuring system measures several key areas of an organization, the financial, the customers, internal business processes, and learning and growth. (See Figure 16 below).

41 https://hbr.org/2007/07/using-the-balanced-scorecard-as-a-strategic-management-system/ar/1 Accessed: January 20, 2015. (Kaplan & Norton, Using the Balanced Scorecard as a Strategic Management System, 2015) 116

Figure 16: Translating Vision and Strategy: Four Perspectives. Source: (Kaplan & Norton, Using the Balanced Scorecard as a Strategic Management System, 2015)

This business measuring system can be utilized within nonprofit organizations such as the

ABNDN. It has provided companies the ability to track financial performance and monitor their institutional progress. This visual reference from the Harvard Business Review, helps to provide a visual of this system of performance measuring. Nonprofit organizations and recently the ABNDN have and are experiencing change and need to be able to understand where their organizations are performance wise. This model provides an avenue not only measuring their financial performance, which is considered the health of an organization, but an extensive analysis of the entire organizations health. This helps to predict an organization’s needs for the future. 117

Directors, managers and staff all have duties and responsibilities that they must adhere to.

Policies and procedures are developed and created to support the department and staff responsibilities of the department. They provide authority to individuals (chain of command) and communication channels and procedures. Each department head and staff work together in the development and implementation of “departmental measures and process measures. Employees are responsible for helping management develop performance measures at all levels.” (Wade &

Recardo , 2001, p. 12) Each department have similar structures in place. They are complex and when a business organization makes a transition or restructuring within their internal structure, they at times also provide a new strategic plan and adjust measuring systems to fit the new strategy.

Kaplin and Norton explain their balance scorecard measuring system design was enhanced further from the original model mentioned above by companies. These new adaptation provides four new processes for strategic planning and evaluating performance measures within the areas mentioned in Figure 17 below, which are part of an organizations structure. Figure 17 provides a visual of these new processes that can be implemented by nonprofits such as the ABNDN to monitor their progress throughout the year. 118

Figure 17: Managing Strategy: Four Perspectives. Source: (Kaplan & Norton, Using the Balanced Scorecard as a Strategic Management System, 2015)

Each section of these new processes is similar to Bryson’s “Strategy Change Cycle’s” strategic management and planning model. The needs of a nonprofit are many including their financial stability. They have other important success factors in their culture, values, beliefs, purpose and goals as an organization. These areas have been difficult to measure especially within organizations such as the ABNDN. Zaleski and Zech state,

Nonprofits (including religious organizations have a difficult time in evaluating and managing their activities. One component of this problem is the absence of an acceptable measure of productive efficiency. The fact that nonprofits do not have identifiable profits makes measures such as profitability impossible. As a result, managers of nonprofits have been reduced to employing a variety of measures, some fairly direct and others mere proxies, and assigning them an arbitrary weighting scheme. (Zaleski & Zech, 1997, p. 8)

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These four processes would be able to alleviate these issues of ambiguity in measuring performance within religious organizations. They could also be incorporate within nonprofit organizations to provide the much needed measuring system that they need. Within the context of the ABNDN organization these four processes could assist them in various ways.

Translating the vision, would provide the ABNDN a system of building “…consensus on a vision and strategy that is essential to an organizations success. The strategy that “integrate objectives and measures describing the long-term drivers of success.” (Kaplan & Norton, 2007).

The Communicating and Linking, process could provide the ABNDN to communicate its strategy throughout their organization linking it to all the chapter districts and to individual objective of each district. This would help to educate “all levels of the organization to understand the long-term strategy and that both” chapter districts and “… individual objectives are aligned with it.” (Kaplan

& Norton, 2007). The Business Planning, could help the ABNDN to “…integrate their business and financial plans…” (Kaplan & Norton, 2007). Finally, that Feedback and Learning would be able to provide the ABNDN to learn strategically focusing on ensuring the chapter districts officials and “…the community have met their budgeted financial goals.” It would also assists the

ABNDN “…to monitor its management systems…short-term results from the three additional perspectives—customers, internal business processes, and learning and growth—and evaluate strategy in the light of recent performance. The scorecard thus enables companies to modify strategies to reflect real-time learning.” (Kaplan & Norton, 2007)

John R. Hall argues that due to modernization of society many if not all nonprofit including religious institutions are interconnected to capitalism. He states that, “…like other enterprises, churches in the twentieth century have had to become increasingly businesslike in order to administer effectively their worldly dealings with banks, lawyers, investment firms, and the like.” 120

(Hall, 1988, p. 66). This is due to the major influx and shift within society to that of a mass culture.

Because of these shifts and changes there have been negative and positive outcomes. Hall further states that, “The upshot of ‘modernization’ is that religions today are businesses, often big businesses.” (Hall, 1988, p. 66).

With this inevitability the ABNDN needs to incorporate the above private business management and strategic planning techniques into their organizations to address many of their concerns. This would enable them to provide a systems of checks and balance, a system of measuring performance; selecting critical objectives; goals; create clearly stated policies; implementation structure; authority and responsibilities of people; a system of rewards and punishments; information system; and a selection and training system. Further research is needed to understand what strategic goals and administrative organization structures within the ABNDN would and could be aligned closer together to achieve their short and long term goals.

I have briefly reviewed the complexities within NPOs and FPOs, the many purpose for having NPOs and FPOs and touched on their differences. I also discussed success factors, organizational cultures and how these need to be balanced during processes of change organizations experience. The above information are key areas that need to be understood to understand the complexities and challenges that NPO, FPOs and their leaders are responsible for overseeing on a daily basis. Finally, I have outlined business managing and strategic planning techniques that could be implemented by the ABNDN and their benefits the ABNDN needs to consider for their future as an institution. The next chapter will discuss what kinds of business management and strategic planning techniques that are being utilized within other nonprofit and for-profit organizations. 121

CHAPTER FOUR

IIN OVERALL RECOMMENDATIONS

“We need to be unique…different from other non-profit organizations...” (ABNDN Official, 2013)

The recommendations and solutions that will be presented in the following pages are strategies currently practiced within tribal nations, private, public, government, businesses, educational institutions, and nonprofit organizations with little adaptations to meet the unique needs of the ABNDN Inc., and its membership. At the heart of these recommendations is the selection and composition of the Board of Trustees. The purpose of the Board of Trustees is to ensure the Azeé Bee Nahaghá of Diné Nation achieves its purpose and goals for the members with the resources provided by creating strategic, positive educational, organizational, change through good governance, management and strategic planning. In addition, the board must recognize that it is not an independent body, but its first and foremost responsibility is to ABNDN. Trustees must also recognize that when serving as and on the ABNDN Board of Trustees (BOT) and making decisions, their primary responsibility is to the ABNDN Inc., and not to any other constituency they may be connected to in their personal lives. Therefore, it is recommended that:

Recommendation I: The Nominating Committee

The ABNDN must develop an Ad-Hoc Committee that selects a Nominating Committee.

This Nominating Committee will screen and nominate applicants for membership on the ABNDN board based on chapter community nominations. The committee will consist of two (2) highly respected Din Nation ceremonial elders, one (1) highly-regarded Din Nation leader, and two (2) exceptional Din Nation non-profit specialists. When selecting the Nominating Committee it is critical that the Ad-Hoc committee considers the following: (a) the members of the Committee 122 must have at least five (5) years of demonstrable successful non-profit or board of director experience within a nonprofit, organization/corporation. (b) The members have at least five (5) years demonstrated experience and expertise in their areas of specialty. (c) The members must all be Din Nation citizens. (d) The members must be spiritually and culturally grounded. (e) Finally, there must be a gender balance on the committee and (f) there must be no conflict of interest.

No conflict of interest according to the Oxford Dictionary means: “A situation in which a person is in a position to derive personal benefit from actions or decisions made in their official capacity.” (Oxford Dictionary, 2015) With regards and in line with the ABNDNs situation, members of the nominating committee must not have a conflict of interest which means:

Conflicts of Interests Means:  No Current publicly-elected official  No Current Civil Servants  No Current ABNDN board of trustee, executive or chapter official  No Current Din Nation, Chapter, State or Federal representative/official

The U.S. Census Bureau, considers and classifies elders to be 65 and over. For this research and in regards to the ABNDN situation the definition of elders will be the following: The Elders Must Also:  Be over 50 years of age  Know traditional and cultural ways  Have grandchildren  Know the Din Language  Be recognized as a good Elder in their community  Have lived a good life

To have “lived a good life” means to have lived experiences. It entails living in accordance to the

ABNDNs statement of faith and practices to strive and maintain a state of Hózhó (beauty, harmony and well-being) in all they do. These standards are evaluated by the community members from which the elder is selected. Having elders on the nominating committee brings a sense of a strong 123 foundation to the committee through their knowledge, experiences, and teachings of culture and traditions.

Recommendation II: Trustees:

Throughout this research project to discover effective strategic planning and management strategy models for ABNDN, the number of members to be on the Board of Trustees (BOT) was taken into account. ABNDN members spoken with were asked about the numbers and membership. Resources that were utilized were also carefully searched for standards. I had come to understand that BOT membership below ten (10) and above twenty (20) was not unprecedented, but might possibly be too low or high, which depended on the size and complexity of the organization. One official and elder during a ceremony stated: “The board needs to be small, but not too small and big enough to represent each chapter district and board members need to show up to all meetings.” (ABNDN Official, 2013).

Throughout this research, several concerns were expressed about the structure of the board, education, experience and the skills that were represented. In order for the board to support the purpose, statement of faith and goals of ABNDN, it would require both cultural and educational

(management, nonprofit, business, and legal or education) expertise. Elders represent the culture and tradition aspect of the ABNDN community and is essential to supporting the board’s purpose and statement of faith. The areas of technical expertise were compiled from the many examples of best practices examined throughout this report.

Finally, it cannot be stressed enough that the trustees deal with expansive institutional policy and procedures while shouldering overall fiduciary responsibility for the ABNDN Inc. The

BOT does not involve itself in the management of the ABNDN. Only the board is responsible for 124 hiring, evaluating, and firing the President and Vice President and the President is responsible for all other ABNDN personnel decisions. Initially, the ABNDN President is responsible for the

Institutional Management of the ABNDN Corporation.

The Nominating Committee will select seventeen (17) BOT members according to their current policy. All BOT members must be Din Nation citizens. The Nominating Committee will screen and nominate applicants for membership on the BOT. The BOT will consist of seventeen

(17) voting members according to their constitution and by-laws. Membership includes Elders and technical specialists from the Din Nation.

Five (5) Ceremonial Elders, consisting of one from each central district being consistency three (3) men and two (2) women or three (3) women and two (2) men.

The Elders Must Also:  Be over 50 years of age  Know traditional and cultural ways  Have grandchildren  Know the Din Language  Be recognized as a good Elder in their community  Have lived a good life

Eight Technical Specialists, Din Nation citizens, four (4) women and four (4) men, with the following areas of expertise:

Technical Specialists:  Non-Profit Management or Business Governance, Strategy, and Planning  Financial (Analysis, Investment, and Audit)  Legal and Ethical  Personnel and Human Resources  Non-Profit or Higher Education Fundraising  Communication and Mediation  Infrastructure

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With the increase in technological sophistication within society, nonprofit and business organizations, it is imperative that the ABNDN begin to seriously consider these forms of professional expertise within their ABNDN internal leadership structures today and in the future.

The Board will also have five (5) Non-Voting Technical Ex-Officio members, selected by the

Board, with expertise in:

Non – Voting Technical Ex – Officios:  Finances and Budgeting  Development, Endowment Management, Investments  Non-Profit Management or Higher Education Governance  Strategic Planning  Technology

These recommendations all need to have a clearly explained and documented roles and responsibilities of the board of trustees throughout this process. Robert L. Lewis states, “There should be a job description for trustees just as there should be for any person or group occupying a position of trust or responsibility.” (Lewis, 2001: 12). Throughout the hiring process an example job description42 (see Appendix L) similar to the one below, reference from Lewis should be provided to each board of trustee and other positions held by ABNDN officials etc...

Exhibit 1-1 Areas of Responsibility For the Board as a Board: 1. Determine the organization’s mission and purpose. 2. Select the chief executive. 3. Support the chief executive. 4. Assess the chief executive’s performance. 5. Ensure effective organizational planning. 6. Ensure adequate resources. 7. Manage resources effectively. 8. Determine, monitor, and strengthen the organization’s programs and services. 9. Enhance the organization’s public standing. 10. Ensure legal and ethical integrity. 11. Maintain accountability.

42 See APPENDIX L: Sample Board Job Descriptions. 126

12. Recruit and orient new board members. 13. Assess board performance.

For the Individual Trustee: 1. General Expectations  Know all aspects of the organization.  Display competence in performing duties of care, loyalty, and obedience.  Suggest nominees for board membership.  Serve in leadership positions and undertake special assignments.  Avoid prejudiced judgments based on outside information.  Bring goodwill to the boards deliberations. 2. Meetings  Prepare for and participate in them.  Ask substantive questions.  Support majority decisions.  Maintain confidentiality of board’s executive sessions.  Speak for the organization only when authorized to do so.  Suggest agenda items for board and committee meetings. 3. Relationship with Staff  Counsel with the executive director and support him/her in difficulties with groups or individuals.  Avoid asking special favors of staff.  Avoid asking for extensive, voluminous information. 4. Avoid Conflicts  Do not “represent a constituency” at the board table.  Immediately disclose any possible conflict of interest or what might appear to be a conflict of interest.  Never accept favors from, or offer favors to, anyone doing business with the organization. 5. Fiduciary Responsibilities  Emphasis to the board prudence with respect to its funds.  Faithfully read and understand the organizational financial statements. 6. Fundraising  Give an annual gift in accordance with personal means.  Personally assist in all fundraising strategies. (Lewis, 2001, p. 16)

The ABNDN currently have five (5) administrative assistants who work collaboratively with the local and executive officials towards achieving the ABNDN purpose. These positions are already in place in a sense but with a different title which can be transferred to fulfill two positions within 127 the ABNDN structure. This will provide not only the executive but the board with technical support within key areas of the ABNDN internal infrastructure as a whole.

It is also critical that the Nominating Committee consider the same criteria for their own selection. The members of the committee must have at least (a) five (5) years of demonstrable successful non-profit or board of trustee experience within a non-profit organization or corporation. (b) In addition, technical specialists should have at least five (5) years demonstrated experience and expertise in their areas of specialty. (c) The members must all be Din Nation citizens. (d) The members must be spiritually and culturally grounded. (e) The members must all be respectful and honorable. (f) There must be a gender balance on the committee and (g) there must be no conflict of interest.

Conflicts of Interests Means:  No Current publicly-elected official  No Current Civil Servants  No Current ABNDN board of trustees, executive or chapter official  No Current Din Nation, Chapter, State or Federal representative/official

Recommendation III: Board of Trustees Principles & Subcommittees

There are certain fundamental principles that the board must recognize and emphasize as a unit. Its primary responsibility is to serve as a keystone of the core values represented and envisioned by ABNDN. Honesty should not be the only ideal characteristic, but also loyalty, duty, and commitment to the purpose and statement of faith of the board and who it represents. Decisions should be enthusiastically discussed and evaluated, but once a decision is made it is the board’s decision. The entire board is then responsible for communicating that decision and actively supportive in their decision. The board is responsible for its own education on issues of culture, spirituality, core values and educational programing. The arrangement of the board should 128 facilitate that process and they should not hesitate to reach out for expertise wherever it is needed.

With this it is recommended that the following tasks are established for the board.

The board establishes Subcommittees to meet on a quarterly basis, or as necessary, and meetings will occur prior to each of the regularly scheduled meetings of the entire board.

Subcommittees are responsible for supporting the ABNDN purpose, statement of faith, goals, gathering information, seeking options to plans, report to, work in the service of, and are instructed by the entire board. As such, the Subcommittee members must not involve themselves in the jobs of the executive officials. They are to ensure that the following responsibilities are met:

ABNDN Subcommittees: The ABNDN should create and implement permanent subcommittee positions within their board of trustees. Committees are sometimes referred to as

“executive” or “standing committees” depending on the size and scope of the organizations. These positions are key to assist the board of trustees and their assistants in fundraising, clerical duties, to act as a resource in delivering, and finding information the ABNDN officials need assistance with. These positions should be a permanent position throughout the tenure of the elected official’s leadership. Subcommittees should be arranged to focus on four areas central to their core philosophies: Nitsáhákees, Nahat’á, Iiná, and Sihasin of importance within the ABNDN.

Subcommittees will need to have their roles and responsibilities clearly stated.

I. Nits h kees Subcommittee: Research/Records/Documentation/Background/History:  A formal process needs to be established by the trustees on this subcommittee for researching each decision that comes before the entire board of trustees ensuring members have enough knowledge to make an informed decision. The subcommittee and the board of trustees must recognize that ABNDN is a unique institution. It must also realize that many decisions might require as Dr. Manley Begay states in his nation building course, “thinking outside of the box” or “throw the box away” type of thinking. Also, it is likely that many decisions may include some level of vagueness. 129

 This subcommittee needs to research and develop updated information on the ABNDN history, background, and meeting minutes in collaboration with the ABNDN executive secretary, to be provided as part of the ABNDN new administration orientation and training personnel manual. II. Nahat’ Subcommittee: Communication/Transparency:  The trustees will ensure to establish acceptable channels of communication are built between all officials, including each represented community, members, Din Nation, State and Federal agencies. Ensuring that all ABNDN constituencies have and are able to receive the most up to date information regarding their corporation’s activities.  This subcommittee will assist in researching and developing updated information on communication and transparency, to be included and provided as part of the ABNDN new administration orientation and training personnel manual. III. Iin Subcommittee: Finances/Fundraising/Financial Accountability:  The trustees accept full fiduciary responsibility meaning responsibility for the financial health and well-being of ABNDN. Including integrating financial thinking, stewardship of their assets, into every aspect of board governance and having a thorough understanding of their finances.  It must establish a long-rang plan for fiscal stability. The plan should include guaranteed funds through ABNDN Azee’ Yee Naha (roadman and road women) certificates, membership cards, trustee financial contribution, hauling permit fees, and individual (as well as independent) financing through fund-raising campaigns to establish an endowment fund. Also this subcommittee will schedule and organize a yearly internal audit and commissioned internal audits of the ABNDN organization.  Part of this subcommittee’s responsibility would be assuring that ABNDN establish a Development Office coordinated with a newly formed Professional & Graduates Association (to be included with a youth council). This department would provide assistance in researching development opportunities, fundraising and seeking alternative resources for the spiritual headquarters in Chinle, Arizona and at Hebbronville, Texas. IV. Sihasin Subcommittee: Education, Training, Orientation, Professional Development and Research: 130

 Establish a formal educational training, orientation and professional development process for ensuring that all members have a comfortable understanding of the core values, culture, and environment of ABNDN. This means supporting and conducting research on behalf and of the ABNDN. It also means trustees must regularly discuss the specific culture represented by the ABNDN and other peyote nonprofit institution, as well as, the unique challenges of these institutions.  Din Elders will have expert understanding of one half of these aspect and the technical specialists should have expert understanding of the other. They must be made to work collaboratively with one another maintaining balance in these endeavors. o Balance needs to be maintained by having equal male and female members on each of these subcommittees.  1 female  1 male

Recommendation IV: Board of Trustee Terms

One of the issues that was discussed as a possible concern within the ABNDN was structured terms of ABNDN board of trustees. The ABNDN board must function on a staggered four-year limit basis. Board members may succeed themselves only once. This will entail the scheduling of terms of office so that all members of the board are not selected at the same time.

This means that the membership terms for board members expire in different years.

Initially, board members will be seventeen (17) members total serving four-year terms with half of the seats up for selection every four (4) years. In order to establish staggered terms of office, half of the members in the initial ABNDN board selection shall be chosen for a term of two years, with the other half of the members being selected for four years. For all succeeding selections, the ABNDN board members will be selected to a four-year term.

Staggered terms is recommended because of the following reasons: (a) such a structure makes it difficult for individuals to gain overall control of a board, (b) it is appropriate to maintain 131 consistency and avoid drastic swings in board structure, (c) this kind of structure can have the effect of creating relative stability in governance, and (d) encourages institutional memory and renewal as a board can benefit from the experience of veteran board members while welcoming fresh new perspectives from new board members.

Recommendation V: Lead Board of Trustee Official

Issues were presented regarding the length and processes within meetings. The following are practices used within private business and large nonprofit institutions. In order to provide an efficient and effectively operating meeting process the ABNDN board members will select a willing and experienced Lead ABNDN Board Official from its ranks to serve only one four-year term only. The purpose and importance of having a Lead ABNDN Board Official cannot be underestimated because, “Your board chair is your richest resource…,” states Lewis. (Lewis 2001:

17). The Lead ABNDN Board Official will (a) ensure the reliability of the board’s process, (b) preside over board meetings, (c) conduct board business in an orderly manner based on ABNDN traditional, cultural values to inspire shared leadership, (d) develop and create leadership among its members, (e) manage the board as a whole, (f) exhibit responsible and positive oratory and listening skills and (g) demonstrate courage and to (h) seek balance and harmony. This is important to keep order and things moving in a forward and efficient manner during meetings.

Recommendation VI: Board of Trustee Secretary

The ABNDN board members will also select a willing, experienced and organized Lead

ABNDN Board Secretary from its members to serve only one four-year term only. The Secretary, will record and maintain all board proceedings, responsibilities, and policies, (b) have access and 132 control of all board records, (c) ensure and maintain the integrity of the ABNDN boards documents in regards to their relevance and precision. Given that the secretary’s roles in upholding and maintain the ABNDN boards records, an administrative assistance may be needed in assisting the secretary in fulfilling their role.

Recommendation VII: Selection & Evaluation of the President

The primary relationship between the ABNDN board and the ABNDN executive officials is in the hiring of the ABNDN President. It is recommended that the ABNDN President and Vice

President shall be selected and elected based on recommendations created and provided by a search committee. The search committee should include ABNDN chapter officials, youth representatives, elders and board of trustees. A member from the board will be appointed as the chair of this committee (not the lead ABNDN board official). The size of the search committee can be between

9 to 11 people. Board members should make up at least one third of this committee. Board members should select and elect board members to be part of this committee. It is recommended to have at least two (2) chapter officials, two (2) youth representatives and two (2) ceremonial elders (one male and one female) to be part of this committee. Once a youth/professional & graduates council is developed it would be more functional in this manner in selecting representatives to this committee. We recommend that the following be considered throughout this process:

 Only the ABNDN board decide on the President.  The Search Committee be chaired by an ABNDN board member  Maintaining no more than 5 to 7 board members on the Search Committee.  Provide one third of the committee to be ABNDN board members.  Board will select two ABNDN chapter officials (one male and one female) to be on committee. 133

. Eventually, it is hoped that an ABNDN youth/Professional & Graduates council will be able to select their own representatives to this committee in the future.  Board will select two youth representatives (one male and one female) to be on committee.  Board will select two community leaders, ceremonial elders (one male and one female) to be on committee. Their again must be a gender balance on the committee and there must be no conflict of interest.

No Conflicts of Interests Means:  No Current publicly-elected official  No Current Civil Servants  No Current ABNDN board of trustee, executive or chapter official  No Current Din Nation, Chapter, State or Federal representative/official

Their again must be a balance on the committee with having Elders represented.

The Elders Must Also:  Be over 50 years of age  Know traditional and cultural ways  Have grandchildren  Know the Din Language  Be recognized as a good Elder in their community  Have lived a good life

Recommendation VIII: Trustee Relationship to Executive Officials/Administration

It is stressed that the roles and responsibilities between the ABNDN Board and the

ABNDN Administration are different and there should not be any confusion on this. Confusion can lead to disorganization within the organization. Generally, the ABNDN board has overall responsibility of establishing broad-based policies and strategic plans that govern the operations of the ABNDN, and delegates the authority and responsibility to the ABNDN administration for implementation of the board’s policies and strategic plans through its annual operating budgets and plans. Thus, the ABNDN board needs to manage itself and to govern, while the ABNDN administration manages the organization. This is referred to as “Institutional Management” by 134 businesses, for-profit, government entities and nonprofit organizations. The ABNDN board must separate themselves from the day-to-day management and operations of the ABNDN Inc.

It is also recommended that the ABNDN Board of Trustees and the incoming new administration to continue to work with the executive, chapter officials and their community district members in the development of their internal management, fiscal policies, procedures, strategic planning, roles, and responsibilities as an organization. This is not a comprehensive study of all possible organizational management, planning, strategies, issues and concern of the

ABNDN, but a mere glimpse of the overall ABNDN internal and external organizational challenges that need focus to become a more sustainable and effective institution. It is time to continue forward with what the ABNDN has started to focus on these areas in developing and strengthening their organization’s foundation to have stability into the future ahead.

Furthermore it is recommended that collaboration, communication, and support in unity from and within all ABNDN members and its leadership these ABNDN modifications should not be complex or time consuming. It will take an organized team effort, sacrifice, selflessness, respect and careful planning of all members. Thus, all ABNDN members need to provide each other and the ABNDN leadership with their support with these endeavors.

The ABNDN has been dealing with some inconsistencies within their board, governance, and organization including management. Nevertheless, the ABNDNs members and leadership past and current continue to strive forward and have made incredible progress. The ABNDN has made significant strides towards achieving their purpose and their statement of faith. It is time to continue this movement into the next phase in the process by implementation of its new governing and managing structures, with support of its members as one voice, purpose and faith to attaining their 135 short and long-term goals. Leaving behind the governance and management impediments that the

ABNDN has dealt with for too long.

Institutional Management Recommendation I: Stability

ABNDN Governance Roles Policies and Procedures: One if not the most important foundations of any organization is their stability in understanding who has control of the organization. As elected leaders to their positions, the ABNDN board of trustees are responsible of the ABNDN organization. These positions need to have a clear understanding of their roles and responsibilities. In several meetings attended it was made clear that the ABNDN was in violation of the Arizona Corporation Commission guidelines in several areas this including “conflict of interests” policies as board of trustees of a nonprofit 501 (c)(3) religious organization. Because of these discrepancies it is recommended that the ABNDN continue to look further into their proper roles and responsibilities of the ABNDN board of trustees. The following suggestions are best practices of for-profit, nonprofit organizations, private businesses and government agencies.

 Continue to establish and refine policies that meet the “purpose”, “statement of faith”, and “goals” of the organization.  Distribute policies to all ABNDN officials (administration).  Establish a recruitment, separation, and an evaluation system of the ABNDN President concluded by an executive committee and with full representative vote of the entire ABNDN board of trustees.  Continue to develop and establish fiscal oversight policies and procedures for ABNDN.  Continue to provide and establish strategic direction of ABNDN with ABNDN officials and board of trustees.  Provide balance within the board of trustees to reinforce the ABNDNs purpose, statement of faith, core values, goals, and needs that include the following. 136

 A holistic perspective that values the Cultural Values, Ceremonies, and Community of ABNDN.  A holistic Financial perspective that safeguards the purpose, statement of faith, and goals of ABNDN.  A holistic Legal perspective that safeguards the purpose, statement of faith, and goals of ABNDN.  A holistic Human Resource perspective that safeguards the purpose, statement of faith, and goals of ABNDN.  A holistic Education, Training, Orientation, and Professional Development perspective that safeguards the purpose, statement of faith, and goals of ABNDN.  A holistic Professional / Functioning perspective that safeguards the purpose, statement of faith, and goals of ABNDN.

Recommendation II: Distinction points between the Board of Trustees & the ABNDN Administration

Interactions between the ABNDN BOT and the ABNDN administration have been good in that they have accomplished many things in a short period of time. The following best practices could assist them in developing a heightened and competent working relationship.

 Again the primary point of interactions between the BOT and the ABNDN chapter officials and assistants should be through the President and Key members of the ABNDN administration. The President may also delegate contacts to their respective administrative staff to provide proper communication and interaction that are needed.  The ABNDN Board of Trustees has the authority to establish policy, but it is the president and his administration who are responsible for enforcing them and for the BOT to hold the ABNDN officials responsible for their enforcement of the policies the BOT have established.  The ABNDN BOT must not involve themselves with personnel issues except for hiring the ABNDN President and Vice President.

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Institutional Transparency Recommendation I: Internal Control Policies, Process & Protections against “White Collar Crimes”

An organizations health can be measured by their financial stability. This is a critical component for organizations to have. These measures provide the organizations members, future donors and community and businesses a sense of security in contributing to the organization.

Furthermore, an “Effective financial controls have three attributes: they ensure safe care of your assets; divide responsibilities among several people; and are fully disclosed to, and understood by, all concerned parties.” (Robinson & Wasserman, 2013). In regards to institutional transparency it is important the information is delivered in a timely, updated and clear manner to maintain accountability. Below are internal controls that need to be implemented within the ABNDN.

 Continue to work on establishing clear understandings of authorities, description, and of internal policies and procedures43 (see Appendix M) for violations/infractions including “malfeasance”, “misappropriation”, and “fraud” etc…  Establish an “Internal Audit” systems with commissioned certified auditors.  Establish an internal Chief financial officer (CFO) / V.P. of Finance as an authorized officer and fiduciary agent in ABNDN

A simple approach would be to have separate roles in reconciling checking accounts.

Having a separate third party individual reconciling each account (check writing, savings, checking and credit cards), someone other than the ABNDN chapter treasurer official. The third party individual would be different from the people who reconcile the accounts each month. They do not report to each other, but to the CFO. This would provide a system of checks and balance system to deter malfeasance”, “misappropriation”, and “fraud” etc…

43 See Appendix M: for an example accounting policies and procedure table of contents items. 138

ABNDN Board ABNDN of Trustees Administration ABNDN Internal ABNDN Audit ABNDN President Commissioned ABNDN Certified Commissioned Auditors Certified ABNDN Auditors ABNDN President Internal Audit

ABNDN Administration ABNDN Board of Trustees

Figure 18: ABNDN Financial Auditing Processes ideas. Source, Author, 2015.

These are two different views of the communication process within this process. ABNDN BOT will have direct communication with the auditors. The ABNDN President will be communicated with updates and overall findings after audits have been completed.

Recommendation II: Transparency

Transparency is defined by Merriam-Webster Dictionary as “the quality that makes something obvious or easy to understand.” (Learner's Dictionary, 2015) Within nonprofit organizations transparency is generally considered as a process of providing clear and open communication between people within and outside of the organization. This process includes providing information pertinent to members of the ABNDN on its policies, decisions, and procedures, including ABNDN Board of Trustees governance and management activities. To encourage transparency within the ABNDN, the following is recommended:

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Recommendation III: Vice President of Communications:

In order to encourage and enhance transparency and communication within the ABNDN it is imperative that the ABNDN designate an experienced official to be in charge of communication within the ABNDN. The roles of this office and person will be to work closely with the ABNDN executive secretary and the ABNDN board secretary to ensure that decisions made within the

ABNDN are heard by all members. They will also assist in making sure that all members concerns are heard. This includes assisting with establishing an organization wide electronic emailing system and making sure that all ABNDN Inc., matters and communications are made using this system.

Recommendation IV: Conflicts of Interest:

In regards to the ABNDN BOT, this research has confirmed that “conflicts of interest” will concern any voting member of the ABNDN BOT who may have a commitment, influence or motivation which will hinder them from making an independent, objective judgment or decision on behalf of the ABNDN. An example, would be if an ABNDN BOT has already made sworn oaths of allegiance with another institution, nonprofit organization, and business or with the

Navajo Nation Government or any one of its agencies, who do not have similar views as the

ABNDN. These kinds of allegiances could lead to favoritism which is not in the best interest of the ABNDN Inc.

Other examples would be with the ABNDN administration, assistants and members voting on the selection of the ABNDN president. This would not be proper only the BOT are to make that vote based on the nomination made by the chapter community and then selections made by the nomination committee. If ABNDN administration, assistants, and members were to vote on the 140

ABNDN president position this could create negative issues and concerns on the institutional integrity and stability of the ABNDN policies and procedures as an institution.

Finally, it is appropriate that ABNDN’s new BOT be cleared of any conflicts of interests by the nominating committee before they are submitted as a possible candidate for the position.

The new BOT need to set clear policies and procedures on “conflicts of interest,” within the

ABNDN BOT by-laws or administrative guide and disseminate this information to all BOT, administration, assistants, and members.

Recommendation V: Financial Transparency

One of the key aspects to a successful organization is transparency within the organization.

The ABNDNs wellbeing is at risk if there is no transparency within their organization. In many organizations, especially nonprofits “full transparency” is encouraged, supported, and practiced.

Full transparency means providing the public with annual reports made by the organization this includes budgets and audits. Any changes within the ABNDN from restructuring, transferring, and the governing bodies (board of trustees, administration, administrative assistants, subcommittee members, and chapter officials), needs to be transparent with the public, especially the general membership. There is current discussion on this within the ABNDN. It is advisable that ABNDN continue to make this a common discussion and practice within their organization, to build trust within its membership, its donors and the community.

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Financial Analysis of the ABNDN:

I was able to generate only an “adverse opinion” in this analysis of the ABNDN financial situation for the years 1998 – 2012. This analysis was based on the financial reports posted on the

Arizona Corporation Commission web site44 and no other documents.

 1998 – 2012: Only balance sheets were provided as the annual report. There was not an

income statement, statement of cash flow, or notes on accounting policies provided along

with the balance sheet (emphasis added).

 Need all 3 financial statements to provide a thorough analysis of the overall financial situation of the ABNDN.  No Financial Reports for 2009, 2010, 2013 or 2014 provided on the Arizona Corporation Commissions web site.

 New office building: No depreciation occurred.  Should depreciate for proper accounting.  Net value from June 30, 2002 – June 30, 2003 went from $14,423.44 to $34,551.73 with no depreciation between either years.  Building listed under assets went up in value between 2005 – 2008 from $35,551.73 to $61,687.93. . Note: The rise in value could happened if there were new renovations and construction or if additional buildings were constructed or purchased. This should also, increase depreciation on the buildings over the following years.

 Large amounts of other liabilities:  From 2001 – 2003, liabilities were provided for (listed) in these reports of where funds went and used for.  From 2005 – 2008, liabilities were not provided for in these reports of where the funds went and were used for.

44 http://ecorp.azcc.gov/Details/Corp?corpId=F08219307 142

. Liabilities in 2005 totaled $30,176.73. . 2006 at $27,882.91. . 2007 at $20,175.88. . 2008 at $27,607.52.

 Constant decrease in cash and decrease in equity. From 2007 – 2008, cash went down by $16,460.15 ($31,109.54 - $14,649.39), liabilities increased by $7,431.64 ($20,175.88 to $27,607.52 = owed more money). Equity went down $25,197.00 ($85,670.47 to $60,473.84).  This is concerning because it explains that the organization is using more money than they are generating. Another words the organization is possibly spending beyond their means? This could be due to several issues including not having enough oversight on spending?

 From 2008, accounts payable went to zero, but liabilities increased over $7,000.  Reports 2001 and 2002 were the exact same financial reports used, no change in any assets, liabilities or depreciation.  No Financial Report for 2009, 2010, 2013 or 2014 provided on the Arizona Corporation Commissions web site.

Financial Reports from 2010 – 2012 statement of cash flows and 2013 quarterly statement of cash flows provide good general information on the following: the beginning cash balance, deposits & income, expenditures, ending balances for checking and savings, and overall total balance of the cash on hand.

 Again there were no income statements, cash flows, or notes on accounting policies provide along with reports (emphasis added).  Need all 3 financial statements to provide a thorough analysis of the overall financial situation of the ABNDN.

Financial Reports from 2010 – 2012:  Revenues are down from $18,484.00 to $18,971.15 totaling $487.15. 143

 No information on funds generated from raffle ticket fundraiser.  No information on funds received for site development account.  No information on funds from bank interests and other income. . These were not provided for either in the financial reports from June 30, 2001 – June 30, 2008. . There was no information posted on the Arizona Corporation Commission for the years 2009, 2010, 2013 or 2014.

 Total Expenses went up from $18,159.33 to $24,298.73 totaling $6,239.40.  Accounts Receivables information, if any, are not provided in any of the financial reports from 2001 – 2012.  Checking Account balance went down from $26,492.61 to $21,065.03 totaling $5,427.58.

As mentioned at the beginning of this section, because there is not enough information for a full comprehensive analysis on the ABNDN financial statements, it would receive an “adverse opinion.” This was only a brief analysis of the financial information provided on the Arizona

Corporation Commissions web site. There were several items missing that are needed in order to, complete a comprehensive analysis. The only financial information provided was a balance sheet.

Financial statements missing were income statements, statement of cash flows, and notes on accounting policies and principles. These items were not included in the report and made it impossible to give a full analysis or to issue an opinion. The fact that these items are missing is a cause for concern. The analysis is not definitive answer or conclusion, and does not provide the entire picture on the ABNDN financial situation.

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Annual Reporting

According to the Arizona Corporation Commission Annual Reports45 representative,

“corporations incorporated before 1997, there annual reports are due the same day they were incorporated.”46 The representative also explained that “if the corporation was incorporated after

1997, then their annual reports are due one day after the date they were incorporated.”47 Finally she explained that each corporation is “responsible for own reports.” The Arizona Corporation

Commission annual reports of the ABNDN that were not reported in time (October 27th of each year) and their reinstatement are provided below.

 Notices of Pending Revocation:  08/05/2008  04/13/2011  01/30/2012  Revocations and Reinstatements:  05/04/2005  10/10/2008  04/04/2012

There are three instances that the ABNDN did not submit their annual reports by the due date of

October 27th of each year. These incidents were within 2 – 3 years of each other and the reinstatement time varied from 1 – 3 years. Three Notices of Pending Revocation and Revocations and Reinstatements were issues between the years 1998 – 2012. Timeliness and consistency needs to be addressed for consistency and stability purposes of the ABNDN and its future.

45 http://www.azcc.gov/divisions/corporations/contact-us.asp 46 Arizona Corporations Commission Annual Reports contact information contacted and spoke with representative who provided this information.

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It is the overall responsibility of the board of trustees to making sure annual reports are consistently made in a timely manner in meeting the expected deadlines. These are best practices that Robert L. Lewis emphasizes in Exhibit 1-1: Areas of Responsibility for the Board as a Board, mentioned earlier regarding the below responsibilities of board of trustees:

5. Ensure effective organizational planning. 7. Manage resources effectively. 9. Enhance the organization’s public standing. 10. Ensure legal and ethical integrity. 11. Maintain accountability.

From a business, for-profit and nonprofit perspective ensuring the organization’s annual reports are made within and by the deadline expected, is considered a major oversight role of the board of trustees. It is recommended that throughout the hiring process an example job description of the roles and responsibilities are provided to each board member.

Summation

The lack of an institutional management policy and procedures, a strategic plan, a strategic financial vision, effective institutional infrastructures, professional development, and transparency within the ABNDN, which has led to risky financial situation. With the means of a strong financial funding system in place to cover the cost and needs of the ABNDN throughout the year they are desperately needing to develop a stable financial mechanism of funding for the future. The Internal

Revenue Service (IRS) and State Corporation Commissions encourages all organizations to institute and adhere to these forms of policies and standards within their organizations. The

ABNDN could benefit from these forms of nonprofit, for-profit and private business institutional management strategies for their organizations future which will be discussed in the next chapter.

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CHAPTER FIVE

SIHASIN RECOMMENDED ACTIONS FROM AN INSTITUTIONAL GOVERNANCE, MANAGEMENT & FINANCIAL PERSPECTIVE

“What is the Purpose of the ABNDN organization? [We] need an organizational structure that explains this and re-examines the following areas: Roles & Mindset! Executive Officers, Board of Directors, Vision, Mission, Goals, Objectives, and Foundation–Central Headquarters–clean our yard! All this above needs support!” (ABNDN Official, 2013)

From this research and attendance to several ABNDN meetings, the organization is definitely working to strengthening their institutions foundation for the future through collaborative efforts of their members and leaders. Their efforts are making small strides towards achieving their purpose, statement of faith and goals. The following are recommended actions that need to be taken within the ABNDN to strengthen their institutional management structures.

 Establish Azee’ Bee Nahághá of Diné Nation (ABNDN) internal classifications within their policies, and procedures on “misappropriation,” “fraud,” and other “white collar crimes.”  Establishment of an “Internal Audit” system using commissioned internal auditors.  Establish an in-house Chief Financial Officer / V.P of Finances / Financial Statutory Agent as an authorized officer and fiduciary agent of ABNDN.  Ensure that ABNDNs new Board of Trustees have been cleared of any conflicts of interest. The new trustees can then establish clearly defined “conflict of interest” internal policies and procedures in accordance with Navajo Nation and State laws into their constitution and by-laws. ABNDN must publicize these new policies for their members, possible donors, and administrative bodies.  Establish policies and procedures that ensures “full” ABNDN “financial and governance” transparency.

As mentioned earlier in this report, the Diné life system of “Nits kees – Thinking, Nahat’ –

Planning, Iin – Life, and Sihasin – Rightful living,” moves in a sun wise direction (Sh bik’eh).

Currently the ABNDN is in the first phases of Nits h kees – thinking, and about to start the second 147 phase Nahat’á – planning, of their institutional paradigm to making necessary changes that are needed to strengthen the ABNDN for the future. They still have a long way to go.

Commendation

The Azee’ Bee Nahághá of Diné Nation (ABNDN) has been in existence for over forty five years. Within this time they have made great strides to be where they are and continue to work to improve their situation. During my visits there were several things that were impressive, they were the following areas highlighted below:

Elders

Many elders that I met with were very intuitive in their knowledge and understanding of the ABNDN Inc., and its purpose. They were also very knowledgeable on Diné culture, traditions, histories, and stories. Many have children and grandchildren who have attained a post-secondary education and have graduated from universities across the country. They are able to see the challenges that the ABNDN are confronted with today and in the future within this changing society. They articulated their concerns they have for their children and grandchildren in the future.

Many believe that the Azee’ Bee Nahághá of Diné Nation (ABNDN) Inc., is a critical element to the formation and maintenance of, protection, preservation, promotion and fostering of Din peyote ceremonial history, culture, and identity.

Din Culture, Language & Education Focus

The ABNDN’s purpose and statement of faith is impressive. It is no easy task to ensuring the protection, preservation, promotion and fostering of Din peyote ceremonial history, culture, 148 and identity. Given the amount of other peyote organizations within North America and within the

Navajo Nation. This is evident and it has been stated that, “There are other groups, such as the

Northern Navajoland Native American Church Association, and other smaller groups, sometimes affiliated with larger groups, sometimes independent.” (Maroukis, 2010, p. 214) One ABNDN member stated there are “25 smaller independent organizations” within the Navajo Nation. Overall the ABNDN Inc., is the central organization that encompasses the states of Arizona, Utah, and

New Mexico, covering over 27,000 square miles with a population and “enrollment at 300,048”

(Donovan, 2011) according to the 2010 census. The ABNDN is a large and unique organization in comparison to all other peyote institutions across North America. It is heading in the right direction to realizing their purpose, statement of faith, and goals.

With the recent name change of their organization, the ABNDN have instilled into their members and the youth that culture, language and education are of great importance. They have instilled teachings, knowledge and understanding of cultural and traditional ways of learning.

These are exemplified through the support the ABNDN leaders and members continue to provide the youth. The ABNDN have paved the way among peyote organizations in regards to encouraging and preserving culture, language and education. These efforts are evident in their organizations paradigm of the Diné life system of “Nits kees – Thinking, Nahat’ – Planning, Iin – Life, and

Sihasin – Rightful living.” (Azeé Bee Nahaghá of Diné Nation, Inc., February 8, 2014) These teachings and philosophies of learning are interconnected to their organizations structure, decision making and checks and balances from a cultural perspective. An illustration is provided of these cultural, language and traditions within their official organization’s seal.

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Youth & Students

I cannot speak highly enough of the youth and students of ABNDN. Many ABNDN students are attending universities, professional, trade schools even Ivy League institutions. They have attained doctorates, masters and bachelor’s degrees and others are continuing to pursue a higher education. So the future is bright in the sense that the youth and students are receiving support from their families and the ABNDN community members. Many are eager to learn about the ABNDNs history, peyote ceremonial history, stories, culture, teachings, and identity. These are evident within ceremonies attended. Leaders have hope in them to carrying the ABNDN into the future. This is why it is imperative that the ABNDN restore its foundation for the youth and future generations to come.

The ABNDN Community

When community is mentioned it is in reference to all individuals who are connected and involved in the ABNDN Inc. There is an impressive amount of people who are involved with the

ABNDN. They are passionate in their faith and in the purpose of the ABNDN and its future.

Individuals from youth, adults, elders, and the leadership expressed their desire to strengthen the

ABNDN for the future generations to come.

The ABNDN Trustees

The founding members of the ABNDN have paved the way in establishing the institution and its internal management structures to conduct business on behalf of the organization. Many of the trustees have been working together for only several years and others have been working together longer. Their experience are diverse from chapter officials, to Din Nation council 150 delegates, educators, and construction workers. It is impressive to see the commitment from members with donations of land, financial support for the construction of administrative buildings, renovations, and the purchase of land in Texas. Their commitment towards strengthening the

ABNDN for future generations is evident.

Next Steps for ABNDN

The ABNDN has definitely accomplished many things within the past forty-five years and continues to strive towards new goals. The ABNDNs members and leaders should be proud of their accomplishments as a community. They have been encumbered with countless challenges over the years. Searching for solutions to making a renewed step into the future can be difficult on many levels. Developing and refining new systems and structures takes time and is at times perceived as holding up progress. The ABNDN has matured from its former development phases and is prepared to situate new systems that will carry through the twenty-first-century. These changes will take time and due diligence from everyone involved and it will not be easy or a quick fix. This entire process will need to be completed in over a period of time, in a thoughtful and an optimistic manner. The ABNDN community needs to feel and believe that they can express themselves on these changes and believe they are being heard. Communication and transparency are critical in this undertaking. The community needs to have access to updates on financial reports, accountability, and of decisions being made by the ABNDN administration and trustees.

These systems need to be established. With this, the following next steps are recommended:

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Board Redevelopment

Once this report has been received, reviewed and is accepted through the ABNDN processes of approval and acceptance, it is recommended that the ABNDN reconstruct the new incoming board of trustees structures as quickly as possible. The development and selection of the new Ad-Hoc nominating committee will bring a diverse set of expertise to the selection process to begin this new outlook for the ABNDN. Upon the development and implementation of The Ad-

Hoc committee the ABNDN will be able to provide solutions to the selection, evaluation and hiring process of the ABNDN board of trustee.

Establish Effective Institution of Governance

Once the board of trustees have reviewed and approved, it will be essential to systematically examine the core values, purpose, and statement of faith of the ABNDN and establish clear and concise goals and objectives. The ABNDN already has stated their “purpose”

(mission) and “statement of faith,” (mission) but have not explicitly explained or provided written specific details of their “vision,” “goals,” and “objectives.” In addition, the trustees need to create their subcommittees and start establishing the foundations of their organizational-Communication within the ABNDN, procedures on this process and an effective set of guidelines for communications. Furthermore, they need to identify a list of concerns and develop a strategic plan of priorities that is explained and understood by all ABNDN members to develop good policies to govern with. These policies need to include the ABNDN’s financial planning, management and infrastructure. This rebuilding phase will need to keep the Nation-Building Approach in Figure 7 in mind as they begin incorporating business management and strategic planning techniques. The 152

Nation-Building Approach is useful to adjusting business management and strategic planning techniques to ensuring there are proper alignments and an organizational fit.

Creation of an ABNDN Elders Council

It is important that the ABNDN develop an elder’s – hast (elder man) and s anii (elder woman) council. Although there are many elders who are well respected that attend and participate in the ABNDNs event, activities and meetings, many are also officials and board members. They are considered the foundation of the ABNDN by their experiences and knowledge of Dine culture, traditions, ceremonies, stories and their involvement with the ABNDN.

It is not uncommon for many leaders and people in general to seek council from elders on decisions that need to be made or in what ways to address challenges being confronted. It is also not uncommon for leaders and people in general to seek their council on ceremonial knowledge and understandings or teachings that need to be understood before making a decision on a matter.

Executive officials have already begun to develop “Gold Card Members” within the ABNDN, “for those who have upheld the organizations: teachings, stories, ethics, and values.” (ABNDN Official,

2013). These are in line with an elder’s council.

Throughout many of the restructuring processes having a body of knowledge that can be accessed easily to provide council would assist the ABNDN. The ABNDN’s purpose and values is to preserve the teachings and knowledge of, “Azee’ Bee Hoogh B honik’eh d Bee

Nahagh h The elders have an abundance of knowledge and cultural teachings on these aspects and the proper use of them. Although many elders are involved with the ABNDN this is in essence being practiced. It is recommended that this be formalized into a council who have a voice in the board.

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Integration of Core Values into ABNDN Governance

When the ABNDN have made selections of new board of trustees and formally established their elder’s council, it is recommended that the board review and re-clarify their vision and values as a newly selected board. It is recommended that once the ABNDNs newly elected trustees have established a clear vision and renewed their Diné life system values they all agree on, I suspect they will convene and provide all their membership a chance to provide ideas and thoughts to their renewed vision and values. When these have been completed, the board will then schedule a special board of trustees and executive session meeting and address these in further detail. The new trustees need to make sure that their new structure will provide and ensure that their values of the Diné life system will be clearly explained and strictly adhered to. The values need to be integrated in a comprehensive manner into the entire ABNDN structure, the roles and responsibilities of each official, representative, assistant, volunteers, activities and trainings. These all need to have a performance evaluation system developed against the renewed values and vision.

The ABNDN will need to reexamine and identify programming and curriculum that would be beneficial and aligned to their renewed structure, vision and values as an organization. This may take some time and must not be rushed. It is important that the ABNDN develop these programming with the future generation in mind. Programing that is focused towards building and ensuring leadership for the future. As Manley Begay states, “Speed is not as important in this effort as thoughtfulness and understanding.” (M. A. Begay II & Associates, 2010) ABNDN members and their communities need to be involved in this endeavor and people need to be identified who have had advance training within curriculum building and program development. These all need to be confirmed with ceremonies throughout the entire process which will ensure proper adjustments, confirmation and implementation of the new plan and board of trustees. 154

Documentation of Ethical Standards of Behavior based upon Mission & Core Values

The ABNDN are currently going to be entering these phases of their organization and have been continually working towards rebuilding and restructuring their institution. They must keep in mind that the values selected by the new board of trustees must be communicated and documented.

They may want to revisit materials that were created and developed in 2000 by Dr. Wilson Aronilth

Jr. titled Azee’ Hin h and NAC of Navajoland Ethics & Principles. The title, NACNL seal that is located on the document will need to be changed to the current ABNDN name and seal. The values selected and adopted needs to also be aligned with the ABNDN’s purpose, statement of faith and their new vision.

Through these processes it is critical and strongly urge the ABNDN review their current communication channels. They need to seriously consider establishing a comprehensive technology plan that provides for a well-developed and monitored organization wide electronic emailing system. According to the ABNDN records there is a lack of internal communication processes within the ABNDN organization. Below are communication issues identified within the

ABNDN from contacts made and attempted to each chapter district over the course of this research.

This analysis is not a definitive answer or conclusion, and does not provide the entire picture of the ABNDN communication concerns and situation.

 BOD Officials No Email Address: 5  Officials No Contact Phone Number: 79  Officials Wrong Phone Numbers: 3  Officials No Contact Email Address: 122  Officials No Mailing Address: 2948

48 I requested contact information for ABNDN Chapter Officials and Board of Trustees from the ABNDN secretary. To send an electronic copy of the research questionnaire to these officials. These numbers were calculated at the time of this research. 155

There are an estimated total of 174 chapter officials, including 5 administrative assistants & 1 statutory agent and a total of 17 board of trustees within the ABNDN totaling an estimated 197 officials. These calculations does not include 19 vacant chapter official positions, 8 individuals holding two position and 8 chapters not certified with no officials and no contact information provided at the time of this research. Adding all these potential contacts together, is estimated to be 256 officials.

Calculating these estimated numbers gathered from the information provided at the time of this research, we can see a broader picture regarding institutional communication systems within the ABNDN. These figures can assist in evaluating the importance of developing a comprehensive technology communication system for the future.

 No emails: 122 + 5 = 127 divided by 197 = 64.467%  No phones: 79 + 3 = 82 divided by 197 = 41.624%  No mailing address: 29 divided by 197 = 14.720%  Yes have emails: 13 + 54 = 67 divided by 197 = 34.010%  Yes have phones: 96 + 17 = 114 divided by 197 = 57.868%  Yes have mailing address: 130 + 10 = 140 divided by 197 = 71.065%

These are the calculation of ABNDN officials who cannot and can be contacted directly through email, phone call or mail to deliver documentation or information regarding the ABNDN. Some of the above numbers may be a result of and due to no internet or phone services. This information does not include chapter districts that have left the ABNDN central organization and those who have recently made contact to rejoin the ABNDN Inc.

Nevertheless, corporations and institutions such as the University of Arizona, Arizona State

University, Northern Arizona University, Dine College, Fort Lewis College, and businesses utilize these same systems, especially with managers and directors. These institutions all have 156 communications systems that include policies and procedures on how to utilize these systems as an administrator, faculty, staff and or student. Each is provided an email address, when individuals leave, the email account is removed and cannot be used again. Information is sent, received and responses are to be returned within a twenty four (24) hour time frame.

When these systems have been developed and implemented all ABNDN officials and assistants need to use this system when discussing organization matters. All communications are to be made using this system. This system will provide positive internal infrastructure for the

ABNDN. It will also provide a “clear roadmap for information management, education and communication.” (M. A. Begay II & Associates, 2010). It will also provide institutional stability, transparency and accountability within the ABNDN Inc. A well-functioning communication system that is understood and utilized properly is essential to facilitating clear communication of

ABNDN values, ethics, and standards of behavior, plans and procedures. It expands the ABNDN’s outreach to provide information to its leaders and members efficiently and effectively.

Creation of ABNDN Youth Council

There is continuous discussions and references made towards the importance of the youth and the future generations to come. Many believe that their representation is needed at many levels but in what ways and how should this be approached when establishing a body representing their interests? The ABNDN needs to critically examine their Constitution and By-Laws Article VIII

Official Seal and Annual Observances, Section II – III, regarding youth day activities. In what ways can ABNDN youth or Professional & graduates play a more active role in planning and organizing these annual events with the ABNDN officials? How and in what ways can the current program curriculum be enhanced? One way to approach this is, again, through communication 157 with ABNDN members and their children, ABNDN organizations established within educational institution, educators and students within higher education. The ABNDN chapter district will need to update and organize their demographic data for an accurate count of youths within each district categorize by age and grade levels.

In the past Mr. David S. Clark explained that a youth council established at each chapter district where the ABNDN is active is what was needed. This would provide the ABNDN with youth support and vise verse to bring the leaders and youth together. It would give the youth a voice at the table when discussing ABNDN concerns, plans, fundraising, and providing leadership development opportunities. It would enhance understanding and knowledge of the overall purpose, structures, processes and procedures of the ABNDN Inc. With a youth council in place in each district it provides for developing and applying for grant funding opportunities. When the youth are involved and want to do this then it makes it easier to justify numbers, programing and curriculum. The development of such a council would need the efforts of all district ABNDN members. This will establish group representation, providing the youth a sense of ownership in the decisions, goals, and accomplishments of the ABNDN.

Establish Alternative Sources of Revenue

Currently the ABNDN does not have a fully functioning internal financial fiscal control system or policies in place, but are working towards this. They must continue to fundraise and identifying financial goals. Their fundraising activities would be helpful by specifically explaining in detail where donations are going to be utilized and providing a costs analysis of these projects.

It is hoped that the ABNDN develops a strategic plan that includes an active fundraising campaign towards developing a foundation of fund to provide for them to achieve their purpose and statement 158 of faith. Looking towards the future the ABNDN needs to also invest and develop an endowment fund with an effective fundraising campaign. Currently the ABNDN is working on four primary sources of funding. These sources will only allow them to exist on a subsistence level. It is imperative that the ABNDN develops and practices good governance and stable infrastructures to attract investors in the future.

Professional & Graduates Development Department

The ABNDN needs to consider developing a professional & graduate development department office within the ABNDN. Institutions of higher learning have a Professional & graduates foundation within their institutions. These offices main purpose is developing and maintaining relations and assist in fundraising efforts to support their constituents. It is recommended to creating and developing a Professional & Graduate Development Department with the ABNDN Inc. The ABNDN chapter districts need to collaborate with the central headquarters to develop and organize their demographic data for an accurate count on the number of college, university, professional and trade school graduates. With all the work that the executives and officials do on an everyday basis, a professional & graduate development department would be able to conduct year round fundraising campaigns. They would need to strategize and design a multiyear fundraising campaign, which would also be included within the

ABNDN Inc., strategic plans.

Description of Potential

The ABNDN represents exciting opportunities and hope for their members, elders and the youth. As a grassroots established organization during intense times of struggles, they have built 159 strong relations with many grassroots communities and organizations across tribal nations and nearby countries. They have the opportunity to restore their foundations for the future to enhancing their protection, preservation, promotion and fostering of their way of life through nurturing and developing new leaders, that will integrate and unify in a balance manner the ABNDNs vision, purpose, statement of faith, culture, and the Diné life system teachings with western knowledge and skills. These changes may seem immense and far away today, but it seems that change at

ABNDN is like the rhythm of the drum and gourd – Nahagh h . The melody of the prayers – Sin d S dizin, and the energy of the ceremonial Altar – honik’eh. With each beat brings a rippling effect of the energies from these rhythms. Rhythm that moves forward – N s Nee’nij . The purity in sincerity and humility use with these will determine the strength and commitment of all

ABNDN members and their communities. These efforts will reverberate through nature and have an impact on future generations to come. 160

CHAPTER SIX: YÁDIŁHIŁ: CONCLUSION

This study has been the first of its kind in analyzing and identifying business management and strategic planning techniques that meet Nation Building principles that could be incorporated by and within an American Indian religious organization. Many of the case studies that were used did not fit the situation of the Azee’ Bee Nahághá of Diné Nation Inc. organization in regard to location, population and cultural situation. Nevertheless, I was able to uncover and begin to understand the challenges, issues and future concerns of implementing business management and strategic planning techniques into the ABNDN organization.

This paper conceptualizes and explains some of these challenges. Due to the lack of resources in funding and distance from the central headquarters of the Navajo Nation, I was unable to make many trips to meetings scheduled and visit more with ABNDN executive, chapter and board officials. I was able to attend several quarterly and special meetings and visit with several past and present officials, members and representatives. Through these interactions, I found that further research is needed to develop institutional management, strategic planning techniques within the ABNDN organization. I found that more research is also needed in past resolutions made regarding the thirteen overall challenges, overall recommendations and the recommended actions section of the ABNDN organization structure. This information has been provided in

Chapter Two, Chapter Four, and Chapter Five of this research.

Thirteen major areas of weaknesses within the ABNDN were identified that were observable from personal, administrators, members, and institutional perspectives. These weaknesses can be overcome with careful consideration by the leaders and members. This research provides general recommendations in the areas of strategic governance, institutional management and institutional transparency from a business and for-profit perspectives. These suggestions and 161 recommendations are general in nature ultimately it is up to the Azee’ Bee Nahághá of Diné

Nation Inc. leaders and members to take initiative to pursue the challenges and recommendation sections outlined in Chapter Two, Chapter Four, and Chapter Five of this research.

Other areas that need further attention are the turnover rates, absenteeism, and full administration turnover of ABNDN leaders, which is not too evident but is prevalent within the

ABNDN organization. Leaders are stepping down from their positions too soon and this creates difficulties for the entire organization. Similarly this is the case with turnover of all executive officers and board members at one time. Staggered terms may need to be considered later in the future. I believe that the ABNDN needs to address this soon to provide stability at the local chapter level in regards to financial accountability and trust in the ABNDN and its leaders. I believe this research has only scratched the surface in examining the possibilities of establishing, integrating, and applying for-profit, business management techniques and strategies into the ABNDN organization to achieve its goals. There is still much more work to do in the aforementioned recommendations and suggestions throughout this research. I hope that this research will provide further conversations to generate ideas towards solutions. Finally it is hoped that this research assists the ABNDN organization, its leaders, and the members for the future. 162

APPENDIX A: ABNDN Research Report Survey Questionnaire

Azee Bee Nahágha of Diné Nation Incorporated Questionnaire Date: March 28, 2014

Mr. Steven Benally, ABNDN Executive Officers, Board Members, Chapter Officers & Representatives:

After attending the ABNDN quarterly and board of directors meetings over the past few months, I reported these experiences to my research committee. One recommendation made was to “challenge” ABNDN members on specific ABNDN vision, mission and goals with regard to ABNDN internal and external management infrastructures, goals, processes and evaluations they have in place and those they do not have in place currently. We feel this information will “legitimize” the ABNDN Corporation’s purpose, goals and projects for Western stakeholders and serve to address federal and state funding requirements. Please be specific in your answers:

Please note: There is intentional overlap in questioning; this is for the purpose of stimulating thought and ensuring that we gather all relevant data – please bear with us. Individual names will be kept in confidentiality and will not be mentioned or disclosed throughout this report.

*If ABNDN does not have answers to some of these questions, that’s fine, there are no wrong or right answers, at least they can serve to stimulate thought. We believe that, with guidance from ABNDN and the infinite Spirit, we will make significant progress toward mapping the road to the ABNDN’s vision.

Thank you for your time and support and understanding in this research questionnaire. You may use a separate sheet of paper if necessary, just number your answers. Understanding Non-Profit Corporation: 2. Has your mission statement of the ABNDN Corporation been reviewed within the last five years?

3. Does the mission statement contain both a broad statement of purpose and a more detailed framework from which your Corporation can develop a coherent set of activities?

4. Has a planning process been developed that balances the need for organizational and program development with long-term financial security?

5. Who are the ABNDN Corporations constituent’s (citizens, voters)? Are they well represented in the Corporation? Are they well served by the Corporation’s activities?

6. Has there been a formal test for organized abandonment (leaving, desertion) in the ABNDN Corporation within the last decade?

7. What criteria have been developed to evaluate the continued relevance and appropriateness of the ABNDN Corporation’s mission and activities? 163

ABNDN Corporation Governing Board/Trustees: 1. Have the ABNDN Corporation Articles of Incorporation, Constitution and the By-Laws of your Corporation been reviewed by the ABNDN Corporation Board within the last five years? a. If changes are appropriate, has the ABNDN Corporation Board formally voted on amendments?

2. Has your ABNDN Corporation Board engaged in a comprehensive long-range planning process within the last five years? a. Does your ABNDN Corporation Board approve specific goals and objectives each year?

3. Is your ABNDN Corporation Board (or subcommittee of the board) involved in the process of developing the annual budget at the local and executive level? a. Do the ABNDN trustees formally approve the budget? b. Do they compare financial performance to budgeted figures throughout the year?

4. Has your ABNDN Corporation Board developed and approved proper financial controls that meet generally accepted practices for non-profit organizations?

5. Are all ABNDN Corporation Board members required to make a financial contribution? Is there a system that ensures that they will do so?

6. How active is your ABNDN Corporation Board in raising money? Are all ABNDN Corporation trustees active in fund raising?

7. Has your ABNDN Corporation Board developed a process for evaluating the performance of the chief executive? a. Have your ABNDN Corporation trustees given some thought to how they will recruit and hire a new chief executive when the time comes?

8. Does the ABNDN Corporation Board play a leadership role in promoting your Corporation in the community?

9. Is the process for identifying and recruiting new ABNDN Corporation trustees effective; that is, does it result in a collection of trustees with the necessary skills and diversity of backgrounds? a. Is there a proper orientation (“an introduction, as to guide one in adjusting to new surroundings, employment, activity, or the like: New employees receive two days of orientation”) process for new ABNDN Corporation trustees?

10. Is there a manual in your Corporation that spells out the requirements of ABNDN trusteeship? Is there a clearly documented ABNDN conflict-of-interest policy?

11. Have sufficient numbers of ABNDN Corporation committees been developed in your Corporation to accomplish the work of the ABNDN Corporation Board effectively? 164

12. Has the ABNDN Corporation considered an ABNDN board of incorporators (or overseers, advisors, or friends)?

13. Is there a process that ensures that appropriately qualified people become officers in your Corporation?

14. Has your ABNDN Corporation Board considered the question of trustee liability? If appropriate, has your Corporation secured proper protection for the trustees, including insurance protection?

ABNDN Corporation Workforce/Volunteers/People/Membership: 2. Do people/volunteers/elected officials come to your Corporation with the proper management skills related to the jobs they will perform? Do they seem to work well with others?

3. Has a proper assessment been made of all the tasks that need to get done in the ABNDN Corporation? Has it been documented?

4. Are tasks in the ABNDN Corporation appropriately distributed among members, volunteers, chapter districts, independent contractors, and outside Corporation service providers?

5. Has your ABNDN Corporation found effective ways to identify, recruit, orient, motivate, and recognize the work of volunteers?

6. Is there a volunteer coordinator in the ABNDN Corporation? a. Are the coordinator’s responsibilities clearly spelled out? b. Are there a coordinator in each ABNDN chapter district? c. Are this person’s activities well integrated into the operation of the ABNDN Corporation?

7. Is there a separate volunteer Corporation/organization that is affiliated with the ABNDN Corporation/organization? Are issues of control and authority clearly resolved and documented?

ABNDN Corporation Personnel Policy: 3. Does the ABNDN Corporation have a Corporation chart that clearly and unambiguously shows chains of employee authority and accountability?

4. Are there job descriptions for all people/volunteers/elected officials in the ABNDN Corporation? Are they up-to-date?

5. Has the ABNDN Corporation clearly documented its hiring and pay procedures? a. Is there a formal evaluation procedure for every people/volunteers/elected officials in the ABNDN Corporation? b. Have grievance and termination procedures been developed? 6. Has the ABNDN Corporation developed conflict-of-interest policies for employee’s/ people/volunteers/elected officials? Is there a sexual harassment policy? 165

7. Does the ABNDN Corporation have a personnel manual? Is it completed and up-to-date?

ABNDN Corporation Marketing: 1. Does the timing of the ABNDN Corporation’s fiscal year allow for meaningful financial comparisons to be made between one year’s activities and the next?

2. Does the ABNDN Corporation’s chart of financial accounts provide sufficient detail to allow for necessary financial analysis of performance?

3. Does the ABNDN Corporation’s budgeting system allow board and staff to analyze the comparative cost of various programs and activities?

4. Has the ABNDN Corporation developed a cash reserve (“to keep back or save for future use…”) fund?

5. Does the budgeting process allow for the input of board members? a. Is the process sufficiently conservative to prevent the incurring of unintended deficits (“the amount by which a sum of money falls short of the required amount.”) at the end of the year?

6. Does the ABNDN Corporation do multiyear budgeting for long-range planning purposes?

7. Does the ABNDN Corporation do regular cash flow analyses?

ABNDN Corporation Financial Management: 4. Has the ABNDN Corporation determined which method of accounting is most appropriate for its needs (i.e., cash basis, modified cash basis, or accrual)?

5. Does the ABNDN Corporation have a properly prepared balance sheet and income statement that together accurately report the corporation’s net worth and fiscal year’s financial activity?

6. Has the ABNDN Corporation Board developed a regular procedure for monitoring income and expenditures and amending the annual budget?

7. Are there proper controls over check writing, dealing with incoming money, and handling cash in the ABNDN Corporation? a. Is the Corporation properly protected through bonding against financial loss?

8. Does the ABNDN Corporation file required financial forms in a timely manner (including IRS Form 990, and Form 990-T)? a. Does the ABNDN Corporation provide the necessary forms to donors and independent contractors in a timely manner (including IRS Form 1099)?

ABNDN Corporation Fundraising: 1. Does the ABNDN Corporation do at least one fund-raising event annually? a. Are volunteers utilized effectively? 166

b. Does income from events increase each year as it should?

2. Does the ABNDN Chapter Districts do at least one fund-raising event annually? c. Are volunteers utilized effectively? d. Does income from events increase each year as it should?

3. Does the ABNDN Corporation and chapter districts evaluate its direct mail solicitations (request) before sending them out?

e. Are letters personalized? f. Are there follow-up mailings to those who do not respond?

4. Does the ABNDN Corporation raise funds by phone? g. Are callers properly trained and scripted? h. Is adequate research done on each prospect and his or her giving history before a call is made?

5. Does the ABNDN Corporation raise funds from a wide variety of local businesses? i. Is solicitation (requests) done by peers (other local businesses) and/or customers? j. Is there a convenient way for businesses to renew their gifts each year without responding to a special request for funds?

6. Has the ABNDN Corporation plan on or have done extensive research on corporate prospects and visit them before submitting proposals? k. Do proposals to foundations and public agencies reflect the guidelines and priorities of the funder?

7. Has the ABNDN Corporation and its chapter districts begun to plan or has developed an appropriate problem/needs statements for inclusion in proposals? l. Has it developed capability statements? (a very brief to the point and specifically related to the individual agency’s needs).

8. In what ways are ABNDN Corporation and its chapters fund-raising activities planned and coordinated?

9. In what ways are college students, graduates, graduate school students, and professional’s (students with degrees in law, medical, and business fields) part of the ABNDN fund- raising activities within the overall corporation and the/your local chapter district? m. Are their skills and abilities utilized in the planning and coordination of fund-raising events?

10. Are fund-raising events strategically planned and coordinated towards one or more specific ABNDN event throughout the year? n. How are chapter districts part of this planning and coordination process? o. How does the ABNDN Corporation organize and decide which agency district is going to fund-raise for what ABNDN events throughout the year? 167

ABNDN Corporation Planning Processes: 1. Do planning activities in the ABNDN Corporation and its chapter districts include a review of the mission statement, the development of goals and objectives, the formulation of an action plan, the development of a timeline, and the preparation of appropriate budgets for purposes of analysis?

a. How is the ABNDN Corporation paradigm of Nitsahakees, Nahata, Iina and Siihasin incorporated within its planning activities?

2. Are consultants being used by the ABNDN Corporations planning? Are their responsibilities clearly defined?

3. Does the ABNDN Corporation have a fully documented process for planning with clear deadlines? Is it well understood by all participants?

4. What is the ABNDN Corporations strategy for garnering support for long-range planning? Is there an effort to develop a climate of enthusiasm around the process of planning?

ABNDN Corporation Sustainability and Leadership: 3. To what extent has the ABNDN Corporation directly addressed key questions relating to sustainability? a. How well does it meet expectations with respect to constituency, service, effectiveness/efficiency, accountability, leadership? b. Sustainability: Regards to the sacrament peyote of how to protect, preserve, foster and promote?

4. How do ABNDN policies regarding the development and utilization of endowment funds either contributed to or detract from stability and sustainability?

5. What kinds of collaboration and strategic alliances have been explored by the ABNDN?

6. To what extent does and has the ABNDN Corporation provided training to incoming executive and chapter district leaders? 7. To what extent does the ABNDN Corporation employ a business model in its approach to problem solving? a. Business Model to Problem Solving: How is the ABNDN Corporation paradigm of Nitsahakees, Nahata, Iina and Siihasin incorporated within its business model process of problem solving?

5. What key characteristics are sought in a leader? How does the internal culture of the ABNDN Corporation help determine these characteristics?

6. How are leaders identified, developed and recruited within the ABNDN Corporation?

7. How are leaders nurtured: “to support and encourage, as during the period of training or development” within the ABNDN?  End of Document  168

APPENDIX B: University of Arizona, Human Subjects Determination (Institutional Review Board Documentation). Pages 1 and 7 only.

169

 End of Document 

170

APPENDIX C: ABNDN Thesis Letter of Approval

171

172

173

 End of Document  174

APPENDIX D: Navajo Nation Council Resolution No. CJ-1-40

To prevent the introduction in or the use of peyote on the Navajo Reservation. WHEREAS, during the last few months great quantities of peyote have been brought into the Navajo Reservation, and WHEREAS, its use is not connected with any Navajo religious practice and is in contradiction to the traditional ceremonies of the Navajo people; THEREFORE, BE IT RESOLVED that as far as the Navajo people are concerned peyote is harmful and foreign to our traditional way of life; BE IT FURTHER RESOLVED that the introduction into the Navajo country or to the use of peyote by the Navajo people be stamped out and appropriate action be taken by the Tribal Courts to enforce this resolution; BE IT FURTHER RESOLVED that there be added to the Code of Tribal Offenses, approved by the Secretary of the Interior on June 2, 1937, the following section: ‘Any person who shall introduce into the Navajo country, sell, use, or have in possession within said Navajo country, the bean known as peyote shall be deemed guilty of an offense against the Navajo Tribe, and upon conviction thereof shall be sentenced to labor for a period not to exceed nine months, or a fine of $100,00, or both”; BE IT FURTHER RESOLVED that any person having a peddlers license who is found trafficking in peyote shall, in addition to the above sentence, have his peddlers license forever cancelled; BE IT FURTHER RESOLVED that the Tribal Council hereby petitions Congress to enact a law to supplement the above addition to the Code of Tribal Offenses to the end that peyote shall never be permitted in the Navajo country.

CERTIFICATION

I hereby certify that the forgoing resolution was passed this 3rdof June, 1940, by a 52 to 1 vote of the Navajo Tribal Council in assembly at Window Rock, Arizona, at which a quorum was present. WITNESSED: J.C. Morgan (Sgd.) Chairman, Navajo Tribal Council Howard Gorman (Sgd.) Vice-Chairman, Navajo Tribal Council

(From NTCR: 107-108)49

 End of Document 

A visual of Resolution No. CJ-1-40 which was passed on June 3, 1940, by the Navajo Nation Tribal Council. This resolution officially began the Navajo people’s peyote struggles within the Navajo reservation. Retrieved from David F. Aberle’s book The Peyote Religion Among the Navajo . Published by The University of Chicago 1956 from page 119.

49 David F. Aberle, The Peyote Religion Among the Navajo, p.113 175

APPENDIX E: The Laredo Times, April 24, 1968 News Article

Source: (1993). American Indian Religious Freedom Act : oversight hearing before the Subcommittee on Native American Affairs of the Committee on Natural Resources, House of Representatives, One Hundred Third Congress, first session, on effectiveness of P.L. 95-346--the A. Washington: Washington: U.S. G.P.O.: [Supt. of Docs., U.S. G.P.O., Congressional Sales Office, Distributor.

176

APPENDIX F: Navajo Nation Resolution No. CYJ-52-05- NNC Title 17 Amendments 1-7

177

178

179

180

181

182

*** End of Document***

The name change from Native American Church of Navajoland (NACNL) to Azee’ Bee Nahágha of Diné Nation (ABNDN) made the amendments to title 17 possible on June 01, 2005. (CJY-52- 05 documents)50

50 Source: http://www.navajocourts.org/Resolutions/CJY-52-05.pdf 183

APPENDIX G: American Indian Religious Freedom Act Amendments of 1994 (AIRFA), 1-3

184

185

*** End of Document *** The American Indian Religious Freedom Act Amendments of 1994 (AIRFA), was signed into law by the President of the United States, Bill Clinton after a reversal to the 1990 Supreme Court decision of State of Oregon Employment Division v. Smith, to exempt peyote use for religious purposes. Documents retrieved from GPO U.S. Government Publishing Office http://www.gpo.gov/fdsys/granule/STATUTE- 108/STATUTE-108-Pg3125/content-detail.html 186

APPENDIX H: Navajo Nation Proclamation

*** End of Document *** The Navajo Nation (NN) proclamation was signed on September 18, 2005. The proclamation stem from the amendment to Title 17. Recognizing the injustices inflicted upon early Navajo peyotists from 1940 to the present. Document retrieved from the ABNDN Inc.

187

APPENDIX I: Sample Board Member Contract

This article is reprinted with permission from Blue Avocado, a practical and readable online magazine for nonprofits. Subscribe free by contacting the Blue Avocado editor or visiting www.blueavocado.org.

“A Board Member "Contract"

By Jan Masaoka • October 9, 2009 • One way to be sure that each person on the board is clear on his or her responsibilities is to adopt a board member "contract." Not intended to be legally enforced, the contract outlines explicitly what is expected of individual board members, and how the organization will in turn be responsible to them.

This contract differs from similar documents in some important ways. While most board agreements describe board member responsibilities, this one also outlines the responsibilities of the organization to the board member. A key principle underlying this document is the board's responsibility to hold the organization accountable to its constituencies and to the public. Just as important, the contract communicates core values about debate and disagreement, accountability, and board-staff relationships.

Sample Board Member Contract

I, ______, understand that as a member of the Board of Directors of ______, I have a legal and ethical responsibility to ensure that the organization does the best work possible in pursuit of its goals. I believe in the purpose and the mission of the organization, and I will act responsibly and prudently as its steward. As part of my responsibilities as a board member:

1. I will interpret the organization's work and values to the community, represent the organization, and act as a spokesperson.

2. In turn, I will interpret our constituencies' needs and values to the organization, speak out for their interests, and on their behalf, hold the organization accountable.

3. I will attend at least 75 percent of board meetings, committee meetings, and special events.

4. Each year, but no later than Thanksgiving of each year and without having to be asked, I will make a personal financial contribution at a level that is meaningful to me.

5. I will actively participate in one or more fundraising activities.

6. I will excuse myself from discussions and votes where I have a conflict of interest.

7. I will stay informed about what's going on in the organization. I will ask questions and request information. I will participate in and take responsibility for making decisions on issues, policies, and other matters. I will not stay silent if I have questions or concerns.

8. While I am a member of this board, I will make every effort to vote in every public election. 188

9. I will work in good faith with staff and other board members as partners toward achievement of our goals.

10. If I don't fulfill these commitments to the organization, I will expect the board president to call me and discuss my responsibilities with me.

The organization is responsible to the board members for . . .In turn, the organization will be responsible to me in the following ways:

1. I will be sent, without having to request them, quarterly financial reports and an update of organizational activities that allow me to meet the "prudent person" standards of the law. (The "prudent person rule," applied in many legal settings in slightly differing language, states that an individual must act with the same judgment and care as, in like circumstances, a prudent person would act.)

2. Opportunities will be offered to me to discuss with the executive director and the board president the organization's programs, goals, activities, and status; additionally, I can request such opportunities.

3. The organization will help me perform my duties by keeping me informed about issues in the industry and field in which we are working and by offering me opportunities for professional development as a board member.

4. Board members and staff will respond in a straightforward fashion to questions that I feel are necessary to carry out my fiscal, legal, and moral responsibilities to this organization. Board members and staff will work in good faith with me toward achievement of our goals.

5. If the organization does not fulfill its commitments to me, I can call on the board president and executive director to discuss the organization's responsibilities to me.

Signed: by ______, Board Member Date ______and by ______, Chair of the Board of Directors Date ______

The board chair should sign two copies of this agreement for each board member. Each new board member should sign both, return one copy to the board chair, and keep the other for reference. Signing the agreements ensures that board members will read them, and is a symbolic gesture about their importance. The board discussion about what to include in its contract or agreement is valuable in itself. We hope this sample document will help get that discussion started.51 (Masaoka, 2009)

 End of Document 

51 Source: http://www.blueavocado.org/content/board-member-contract; accessed: February 20, 2015.

189

APPENDIX J: Sample Board Orientation Checklist

190

 End of Document 

The Board Orientation Checklist52by Lori L. Jacobwith was retrieved from the National Council of Nonprofits and Chorus America web site as a resource to assist the ABNDN Inc., in their efforts of developing their own board orientations for their organization.

52 Sources: https://www.councilofnonprofits.org/tools-resources/board-orientation; https://www.chorusamerica.org/resourcefiles/conf2012/LJacobwith/LJacobwithSampleBoardOrientation_checklist.p df 191

APPENDIX K: Sample Performance Measurements

McKINSEY & COMPANY NONPROFIT BOARD SELF ASSESSMENT TOOL – LONG FORM

AREAS COVERED BY THE ASSESSMENT’S THREE SECTIONS

SECTION 1: PERFORMANCE OF BOARD ON ITS CORE RESPONSIBILITIES

Shape mission and strategic direction  Clarify mission and vision  Participate in and approve strategic and policy decisions

Ensure leadership and resources  Select, evaluate, and develop CEO  Ensure adequate financial resources  Provide expertise and access for organizational needs  Build reputation

Monitor and improve performance  Oversee financial and risk management  Monitor organizational performance  Improve board performance

SECTION 2: PERCEIVED IMPORTANCE OF RESPONSIBILITIES FOR THE NEXT 1-2 YEARS

SECTION 3: QUALITY OF BOARD EFFECTIVENESS ENABLERS

 Size and structure  Composition  Leadership  Processes53

***End of Document ***

This is page 3 of 22 sample board performance measures created by the McKinsey & Company which were retrieved from BoardnetUSA web site to assist the ABNDN Inc., leaders to begin developing ideas on core organizational areas to be implemented into a measuring system for their organization.

53 Sources: http://www.boardnetusa.org/infocenter/vz/rc_content.asp?contentid=172; http://www.boardnetusa.org/graphics/attachments/boardselfassess_long.pdf 192

APPENDIX L: Sample Board Job Description

193

 End of Document 

The above sample Board Job Descriptions54 created by Board Source was referenced from The Bridgespan Group Collaborating to Accelerate Social Impact web site as a resource to assist the ABNDN Inc., in their efforts of developing their own board job descriptions for their organization.

54 Source: http://www.bridgespan.org/Publications-and-Tools/Hiring-Nonprofit-Leaders/Nonprofit-Job- Descriptions/Board-Member-Job-Descriptions/Board-Job-Descriptions.aspx#.VLSIpHtHRVd

194

APPENDIX M: Sample Accounting Policies & Procedures Content

I. Introduction II. Division of Responsibilities o Board of Directors o Executive Director/Chief Executive Officer o Operations Manager (Finance Director) o Book Keeper III. Chart of Accounts and General Ledger IV. Cash Receipts V. Inter-Account Bank Transfers VI. Cash Disbursements & Expense Allocations VII. Credit Card Policy and Charges VIII. Accruals IX. Bank Account Reconciliations X. Petty Cash Fund XI. Property and Equipment XII. Personnel Records XIII. Payroll Processing XIV. End of Month and Fiscal Year End Close XV. Financial Reports XVI. Fiscal Policy Statements55  End of Document 

The above example table of content is used in structuring accounting policies and procedure for a nonprofit organization. It was retrieved from the University Church Accounting Policies and Procedures Manual created by Morgan Larson. This example is used to assist the ABNDN Inc., in their efforts of developing their own accounting policies and procedures for their organization.

55Source: Larson M. (2014). University City Church Accounting Policies and Procedures Manual. Tucson, Arizona. 195

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