SELLS — With less than a year left in her term, the top elected official of the Tohono O'odham Nation is waging a legal battle to keep her post.
Chairwoman Vivian Juan-Saunders on Tuesday appeared before the Legislative Council to defend herself against charges that she neglected her duties in relation to large sums of money — both cash and checks — that sat undeposited in the tribal treasury for months.
The daylong hearing, which will continue today, is the culmination of tribal constitutional proceedings that, if upheld, could force Juan-Saunders to step down.
Beverly Rivas, a council member in the Sells District, brought charges against the chairwoman of gross negligence of duty and failure to adhere to tribal laws, ordinances and resolutions. Rivas also contends Juan-Saunders overstepped boundaries in carrying out tribal business without authorization of the Legislative Council.
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Juan-Saunders, who directly oversees the treasury department, sat next to her attorney, Rob Rosette, with her back to tribal members who filled every seat in the council chambers. Her accuser sat nearby with her attorney, Faith Seotha.
Seotha said Rivas is attempting to make a case for Juan-Saunders' removal on behalf of a community left with many questions surrounding the undeposited money.
"How does this reflect on the citizens of the Tohono O'odham Nation? How does it reflect on the government of the Tohono O'odham Nation?" Seotha asked. She put the amount in question at $6.5 million, although Rosette challenged its accuracy.
He pointed out that Juan-Saunders should not be held accountable because she was several layers removed from the cashier who failed to make the bank deposits.
"There really is no evidence to support these accusations," he said, adding that once Juan-Saunders learned what happened, she swiftly rectified the situation. He also stressed that there was no wrongdoing since no money was missing.
Testimony from tribal employees revealed that the issue, which was discovered in March, prompted personnel changes, a review of accounting books, and on Monday, an audit by an outside group.
Wilma Garcia, 33, who took the day off from work to be at the hearing, said she was outraged that the special session was held.
"Things should've never gotten this far," she said during a break. "We all have a right to ask questions, but for removal you need more evidence."
U.S. government teacher Irma Khron and her group of Baboquivari High School students were there to observe an exercise in democracy, she said.
Tamara Pablo, 16, said the hearing was educational. "I didn't know this much was going on," she said. "It's interesting to hear both sides."

