Navajo Council padding their salaries

I don’t have enough fingers or toes to count the number of times that I have heard Navajo Nation Council delegates say that MORE tribal revenues are needed for services for the People.

The most recent time was during their debate over renewing Navajo Generating Station’s lease for 25 years.

But unknown to me as I blogged on the actions of the Navajo Council during their five-day summer session the week of July 15, was the Council’s approval of the removal of language from Navajo law that allowed them to be compensated $300 per meeting day for ANY & ALL meetings that they attend.

The removal of that language was in Legislation 0381-13, which changed to CJY-28-13 after the Council unanimously approved it – without debate – on July 16, Day 2 of Summer Session. The vote was 18 in favor, 0 opposed. It was the first legislative item that went before the Council during their summer session.

Delegate Jonathan Hale was the sponsor.

President Shelly vetoed CJY-28-13 on July 29, Monday, but the Council can over-ride the veto with a mandated 2/3 vote, which is 16 or more “yes” votes.

President Shelly’s Press Release on Vetoing CJY-28-13
https://docs.google.com/file/d/1U4bp9psymYVHjrHCZ1OA8R4K-K7KthH7bqcDJkcYCuvLnWG_A3kzLRGAlZBp/edit?usp=sharing

Navajo Council’s Resources & Development Committee meeting TODAY at Navajo Council chamber in Window Rock, Ariz.

One of reports involves responses from Navajo Nation Division of Natural Resources regarding questions from local government Livestock Grazing Permit Board members on their responsibilities & authorities.

There’s also a report on US Dept of Energy training and an update report from Navajo Land Dept on right-of-ways regarding cell towers and mapping of approved ROWs.

Today’s RDC agenda

Click to access 30JUL2013_RDC_Reg_Mtg_Agenda.pdf

Will Navajo Council’s Naabi Committee support reduction of federal regs?

Navajo Nation government remains in Corporate America mode – On today’s Council Naabi agenda is Speaker Naze’s legislation “Supporting the “Native American Energy Act” H.R. 3973 A U.S. Congressional Bill to Facilitate the Development of Energy on Indian Lands by Reducing Federal Regulations that Impede Tribal Development of
Indian Lands”

If the Navajo Council chamber wifi is on, I’ll be blogging today on Naabi Committee debate & actions.

I was at Navajo Council Resources & Development Committee on tuesday, 7-23-13, which was meeting in Council chamber, but couldn’t blog cuz wife was not on… If anyone has any ideas on how to inexpensively connet to wife, plez share! Thx.

PROPOSED NAVAJO COUNCIL NAA’BIKI’YATI’ COMMITTEE AGENDA
https://docs.google.com/file/d/1Y7qe0jCtDduDOBY0FDaijiTg_IvLRnCo0Vg9-MNAmgTICx61PemPVbsLcNeb/edit?usp=sharing

No Council Debate & Council Recesses

LEGISLATION 0115-13: ASKING NATIONAL PARK SERVICES’ RESCIND THEIR JAN. 30, 2013 POLICY REGARDING ANTELOPE POINT MARINA AND RESORT PROJECT AND FOR NPS TO RE-DRAFT POLICY SO POLICY NOT NEGATIVELY IMPACT PROJECT.
NO DEBATE
VOTE AT 5:31
13 IN FAVOR, 0 OPPOSED

LEGISLATION 0184-13: APPOINTING JOANN DEDMAN AS CHINLE AGENCY COUNCIL REPRESENTATIVE TO NAVAJO NATION GOVERNMENT DEVELOPMENT COMMISSION
NO DEBATE
VOTE AT 5:33 PM
14 IN FAVOR, 0 OPPOSED

COUNCIL RECESSES AT 5:35 PM, 7-16-13

Council Debate & Vote on $3 m Emergency Drought assistance

DELEGATE JONATHAN NEZ
Table until get procedure for BIA and NN to ADDRESS emergency drought on NPL thru the development of a budget by BIA that also includes reimbursement to chapters for feral horse round ups.
Return to Council on Thursday, 7-15-13

SPONSOR – DELEGATE MEL BEGAY
If make these amendments, Prez Shelly cud veto.

DELEGATE LORENZO BATES
Now that prez has declared Emergency Drought, Council can approve $3 million be taken from Undesignated Reserves instead of Minimum Fund Balance in Reserves.with majority vote instead of 2/3 vote.

DELEGATE KATHERINE BENALLY
Nothing against NPL – BIA funding.

DELEGATE WALTER PHELPS
POINT OF ORDER: Thot Nez offered Tabling.

SPEAKER NAIZE
Delegate Nez withdrew Tabling motion so cud address amendment to change funding source then return to Tabling motion.

VOTE ON AMENDMENT 2:
Change funding source from Minimum Fund Balance to Reserves which is allowed because Prez Shelly declared Emergency Drought and by taking $3 m from Reserves wud only require majority vote of Council.
VOTE 15 in favor, 3 opposed

TARQUI
I did not mean to say that not address NPL. Only said BIA responsible and they have officer out there and talking with BIA about talking over office with funds.
I never meant to say that not help NPL. Up to Council. We go with NNC directive.
Also use funds for mileage for field offices.

VOTE ON TABLING MOTION BY DELEGATE JONATHAN NEZ AT 5:21 PM. Legislation regarding $3 million for Emergency Drought to have needed budgets on how $3 m will be used to be completed by Thursday, 7-18-13, for Council action.
13 in favor, 5 opposed.

NNC – $3 million for Drought Emergency

LEGISLATION 0202-13: $3 MILLION TO NAVAJO DEPARTMENT OF WATER RESOURCES FOR ADDRESSING THE EXTREME DROUGHT CONDITIONS ON THE NAVAJO NATION: $897,239 TO DEPARTMENT OF AGRICULTURE FOR FERAL LIVESTOCK ROUND UP AND 4202,761 TO DEPARTMENT OF WATER RESOURCEENFORCEMENT FOR LIVESTOCK ROUND UP.

NAJAM TARQUI, water resources
Need funding for equipment to repair dams.

FERDANAND NOTAH, dept of agriculture
In drought situation. Resources & Development Committee held several hearings and major concern was vegetation and the impact of feral horses so advocating for major feeral horse roundup with funding for equipment. But having major repair issues. Having to get rid of equipment cuz worn out.
Feral horse round up population estimated at 70,000.
But not every chapter supports feral horse round up. But vegetation is Navajo Nation resource and need to protect while looking at long range program to reduce livestock/animals on land during drought.

SPONSOR – DELEGATE MEL BEGAY
Asking Council for amendment.

DELEGATE NELSON BEGAY
Agree have problem with drought and feral horses. How many times do we have to do this until Prez Shelly not veto. Agree money needed but prez had spoken. Don’t know if he wants credit or what. We have right to declare emergency. So what are we doing.
Will vote red cuz prez keeps vetoing. Seems like it’s no longer emergency, similar to Delegate Kenneth Maryboy who is going thru an emergency in his area.

DELEGATE ELMER BEGAY
Money should go out to agencies. Our pple out there can run water resources.
I read and don’t appreciate Tarqui confronting me over my statements. So true that harassment going on. It’s pple’s money, not Tarqui. I’ve been terminated before and substation Leupp and Dilkon proposed to be closed and wasn’t. At that time, delegates had faith in me and community.
Stress that this type of harassment and retaliation in department needs Council action. We’re still legislators. We amend laws and policies we make shud be respected.
(Resources & Development Committee held a meeting about the alleged illegal take over of Water Code Fund and Water Code Administration by Tarqui. According to documents provided to Dine’ Resources & Information Center, Tarqui staged of take over of the Fund and Administration without properly amending plan of operation which mandates standing committee approval. The standing committee is Resources & Development Committee, which told Tarqui’s supervisor, Division of Natural Resources Director Fred White that they never approved amendments to Fund & Administration so Tarqui did not head Fund & Administration. But Tarqui continues to harass Fund & Administration staff, especially Jack Utter, who testified to RDC & Council about flaws in now defunct Navajo-Hopi Little Colorado River River Settlement.)

DELEGATE LEONARD TSOSIE
Think prez tell u, wat part of no don’t u understand and some of delegates beginning to agree.
Looking at legislation we passed and I want to state that prez misused his veto power. If u lok at Navajo law, where he signs into law and then states veto. Language works hand in hand.
If prez had problem with entire legislation, he shud have vetoed entire legislation instead of taking out financial amounts.
Don’t know if cud find lawyer to defend laws and question prez. Of mindset that this is law. Ask Attorney General Tsosie for his opinion and if he agrees with prez then my opinion keeps going down.
I’m comparing two and will veto will happen again if we don’t take stand because he’s playing a game.
So ask Speaker to ask Attorney General for opinion.
He’s got to veto entire legislation instead of vetoing financial amounts and leaving language in there.
MOTION: challenge President Shelly’s veto and ask for Attorney General Harrison Tsosie to issue an opinion.

For some reason, Speaker Naize decides not to recognize Delegate Tsosie’s motion so debate continued.

DELEGATE DWIGHT WITHERSPOON
Reading Prez Shelly veto message regarding Council’s approval of $3 million to address drought, which Council approved on
Like new legislation which obtained needed signatures and details where funds would go, especially regarding rangers. During Pinon feral horse round up, rangers were needed to deal with community members that opposed round up.
But also concerned, like Delegate Tsosie, over Prez Shelly veto.
I support this new legislation.

DELEGATE DANNY SIMPSON
In reviewing budget, appears buying whole new fleet so need to see current equipment and also address storage of horses which is for five days. Also purchasing cell phones for dept of ag.

DELEGATE KATHERINE BENALLY
Prez Shelly’s veto message said his veto was because legislation lacked signatures. Support.
This morning, pple from Nazlini and Round Rock came to me and where filing restraining order against each other over water. they said prez needs to go out there. There’s no water for household use and livestock. There is also health hazards.
Prez needs to consider health of pple.
I know u watch us on Livestream, Mr. Prez and Mr. Vice Prez. I am pleading with u to support Council action for youth employment. Your veto shows no concern for livelihood of pple.

DELEGATE
Given money to Tarque 2012 and carried to 2013 and now at third quarter of 2013. Those thousands of dollars were for windmill and earthern dam repair.
Council needs results.
We have been telling Navajo pple windmills and dams wud be fixed and now in drought and asking for $3 million more.
This condition of appropriation I’m asking for is that money be spent by end of quarter and report given. We also want budget of Water Dept.
The “fiasco” that has happened in Water Dept/Natural Resources, hope not get in way of windmill repair. Colleagues and pple reading newspapers know what talking about.
At end of year, if any money sitting there that Council not carry into new budget.
Navajo Mountain declared emergency.
Windmill repair: some of us represent NPL/Navajo Partition Land and windmills need repair. If restriction and need language then tell me and I will sponsor amendment to address that.
Appears Prez on board with this legislation and go to Prez as soon as Speaker signs it after Council vote.

NNC – Amending Law regarding Speaker

Found LEGISLATION 0195-13 WHICH involved a very lengthy and technical debate over how amendments are made to Navajo law.

LEGISLATION 0195-13 (http://www.navajonationcouncil.org/Legislations/2013/July/0195-13.pdf) amended Navajo law regarding Navajo Council rules, specifically rules regarding Speaker position and Speaker Pro Temp to allow chairperson of Council’s standing committees to appoint a pro temp among themselves if Speaker unable to. The amendments also allow committee chairpersons to appoint a Speaker Pro Temp via phone.

Vote 17 in favor, 4 opposed
This legislation required 2/3 vote of Council so it passed. Two-third vote of Council is 16 or more Yes votes.

NNC 7-16-13 Technicalities

Navajo Council recessed for noon break to get legal advice regarding what Navajo law mandates about which legislation/new laws/amendments to law requres 2/3 vote of Council.

The question came from legislation to amend Navajo Hopi Land Commission law by reducing commission members from 8 to 5 and setting quorum at 4. The Vote was 14 in favor, 6 opposed and Speaker Naize ruled that the Legislation failed because the Legislation required a 2/3 vote of Council.

It was an interesting debate filled with legal citations and legal language and of course debate among Council that I felt called into question the ruling by Speaker Naize and why all school on the Navajo Reservation should be required to teach Navajo government classes.

But since Speaker Naize made his ruling and there was no immediate Challenge to Naize’s ruling and since a Challenge requires an immediate arguement and documents if required, the Challenge was not made by the Sponsor of the Legislation Delegate Lorenzo Curley, who asked for his Challenge to be deferred until he was able to gather the needed documents. But since the Challenge Law required immedate action, Curley had to withdraw his request, which left one of his supporters, Delegate Leonard Tsosie, very uneasy.

But I’m sure that this question will return to the Council as legislation to amend the Navajo law regarding what legislation/laws require 2/3 vote of Council.

And now the Council is deep into debate over language of another LEGISLATION 0195-13 WHICH SEEKS OT AMEND NAVAJO LAW, TITLE 2, SECTION 401-C. I’m trying to find copy of this legislation so I can follow debate. So please bear with me. Thx. And so understand that if you see a lot of spelling errrs in my posts about Council and standing committee meetings, please understand that I’m typing as fast as i can. Thx for your understanding!

NNC SUMMER – EXTRADITION LAW

DELEGATE DUANE TSINIGINE
On Law & Order Committee report by Chief Prosecutor Bernadine Martin attached to legislation.
Arizona US Attorney Office Tribal Liasion Hope MacDonald, former NNC delegate, supports amendment to Extradition Laws.

DELEGATE DWIGHT WITHERSPOON
Issue over federal authorities taking custody of individuals. Judge Gilmore spoke about Extradition Law amendments and individuals who went before him. One individual who committed Major Crimes Act and he refused to extradite cuz he felt Navajo courts competent to preside over legal activities.
After the individual extradited and found guilty and serve time, are they extradited to Navajo rez for violations of Navajo law. Or shud NN say that we will deal with them first and then extradited and processed for alleged major crime violations.
Otherwise get away with violating Navajo law or laws.

Navajo Council Summer Session CONVENES 7-16-13

NAVAJO NATION COUNCIL/NNC CONVENED SECOND DAY OF SUMMER SESSION AT 11:24 AM

The following website address is where all NNC Summer Session legislation is located.
http://www.nncouncil.org/Council_1.aspx

First legislation acted on by NNC:
NO DISCUSSION
Legislation 0381-13: Amending meetings rules regarding Quorum.
SPONSOR – DELEGATE Jonathan
18 IN FAVOR, 0 OPPOSED VOTE AT 11:46

LEGISLATION 0414-13: amending 2012 Navajo Hopi Land Commission Act.
SPONOSOR DELEGATE LORENZO CURLEY
Membership and Navajo Hopi Land Commission/NHLC has 8 members and reduce to 5. Questioned why 5. Sometimes need to reallocate funds for meetings, consultants, etc and we need 6 members to do that business.
We have our own internal rules that addresses how many members need to do business with federal Rehabilitation money which is under Office of Controller.
Recently received Escrow Funds.
If we don’t have a quorum, can’t do work of pple.
Myself and NHLC member Walter Phelps talked about other options but that would also require changing law.
In your hands, you can direct NHLC to develop option to retain 8 membership and change other portions of Title 2.
Also we have a very hard time maintaining a quorum.

DELEGATE DWIGHT WITHERSPOON
Reduced from 11 to 8 and quorum for 5.
PROBLEM – 8 delegates on NHLC and 8 represents half of NNC/Navajo Nation Council.
In terms of representation, with reduction of 5, no delegate representing communities impacted for Navajo Hopi land dispute.
Quorum is 4 and to pass allocation requires 5.
But other NNC standing committee meetings scheduled same time as NHLC and not fair.
Talked with Speaker Naize about checking NHLC meetings.
Many of us are running between committee meetings as sponsors for legislation. Sometimes three committee meetings occurring simultaneously.
NHLC is opposing reduction from 8 to 5.
And those delegates not on NHLC.

DELEGATE ELMER BEGAY/NHLC MEMBER
Agree that there is a problem with simultaneous meetings. Perhaps if we coordinate. We all have cell phones. Representation is important and the areas represented on NHLC each have unique issues.
I oppose this legislation.

DELEGATE LEONARD TSOSIE
I support this. Wud b nice to c attendance record and if attendance serious then perhaps we shud abolish it. Going from 12 to 8 to 5 to zero does not reflect serious work.
Perhaps to have new independent viewpoint, there shud be representation from New Mexico.
Chapters have given wide discretion to represent themselves. If they want representation, chapters are responsible for residents so if something not carried across to committees. Can’t constantly call for increase in stipends and not do work is not fair.
Think Navajo pple are for streamlining. They are many of these commissions, boards reduced and many of outgrown purpose. Saw evidence past week. Asked boards and commissions to put proposals together to assist Twin Arrows and none of them did. CEOs being paid thousands of dollars. Boards and commission have become safe employment.
Why Navajo pple disenchanted. Even talking reducing NNC from 24 to 13 cuz of quorum problem.
Looked like I had 98 percent attendance rate at Naa’biki’yati’ Committee.
Allow to happen cuz about efficiency and better service of Bennett Freeze residents.

SPEAKER NAIZE
We’ve discussed extensively and need your decision.

COUNCIL RESPONDS WITH “YES –Aoo’!”

DELEGATE WALTER PHELPS/CURRENT NHLC CHAIRPERSON
Simultaneous meetings problem but not total problem. Compensation also problem.
When think of former Freeze, Navajo Partition Land, Hopi Partition Land, there was a huge amount of work needed and that work continues.
And now there is impact of sequestration.
Also issue is when quorum absolutely necessary is for funds and the law addressing that is under different law. Current law mandates 2/3 vote.

VOTE AT 12:11 PM
14 in favor, 6 opposed
Opposing legislation were Delegates Elmer Begay, Katherine Benally, Joshua Butler, Jonathan Nez, Alton Shepherd, Dwight Witherspoon

Navajo Council SUMMER session 7-15-13 Monday

Greetings Relatives/Frens! I was one the internet and then I wasn’t. Finally got help from Navajo Broadcast Services, who got me an cord to plugin cuz Council having problems with Wifi.

Navajo Council approved agenda with the adition of three items:
Delegate Katherine Benally is sponsoring legislation to over-ride Prez Shelly veto of Council’s approval of $155 million bond for projects across the reservation.
Delegate Alton Shepherd is sponsoring a $3 million Emergency Drought Assistance legislation.
Delegate Charles Damon is sponsoring legislation regarding the approval of a solar project at Iyanbito that the local Delegate, Edmund Yazzie, says is vehemently opposed by the community. The debate over this bill was interesting because it had gone thru the proper legislative process, but Speaker Johnny Naize decided not to have it put on the Council’s agenda because he claimed that community pple filed a complaint with Human Rights Commission that could result in a lawsuit. But Delegate Leonard Tsosie noted that Speaker’s decision was improper and could be used to stop other legislation by him or other delegates. I was thinking that if Speaker’s decison was used to keep Iyanbito legislation off Council agenda then it would have set an amazing PRECEDENT to keep legislation, such as Navajo Generating Station’s lease renewal off Council agenda and standing committee. But in the end, Attorney General Harrison Tsosie advised Council that the Iyanbito Solar Project had gone thru the proper legislation process and that for some unknown reason, it was kept off Council agenda. In the end, the Council approved the addition of the Iyanbito Solar Project bill to their agenda with a vote of 12 in favor, 6 opposed. The opposing votes were Delegates APACHITO, BATES, Elmer BEGAY, PHELPS, Edmund YAZZIE

FINAL VOTE BY COUNCIL ON ACCEPTING AGENDA WITH THREE NEW TIMES WAS 17-0 AT 12:34 PM