Shirley: Still don't know allegations

The Navajo Nation Council voted to place President Joe Shirley Jr. on leave on Monday (Oct. 26) but approved an amendment leaving Vice President Ben Shelly in office.

The council voted 48-22 to place the nation's chief executive officer on leave pending an investigation of his possible involvement in the OnSat and BCDS business dealings that resulted in the loss of millions.

Shirley has no veto authority over the bill. His administrative leave begins as soon as Speaker Lawrence T. Morgan (Iyanbito/Pinedale) signs the legislation.

Joshua Butler, spokesman for the speaker's office, said Morgan signed the bill Monday evening.

The length of Shirley's leave rests entirely on the Navajo Nation's attorney general, who will decide if the tribe should hire a special prosecutor to further investigate any potential criminal dealings in both businesses. The process gives the attorney general up to 60 days.

Details of the reports have yet to be released publicly.

Neither Shirley nor Shelly have been able to review the reports or the charges supposedly implicating the president in illegal dealings, said Patrick Sandoval, chief of staff.

"I wasn't informed what the allegations are, I don't know what the allegations are and I still don't know what it's all about," Shirley said in a statement released Monday night.

"In this case, 36,000 voters put me in office and 48 council delegates decided to put me on leave without telling me or the people the specific reasons why," he said.

Shirley has instructed his staff to remain calm and to create no disturbances, Sandoval said.

Shelly will take over Shirley's duties while he is on leave.

"The people elected President Shirley and I," Shelly said in a statement. "It is our duty — now incumbent on me — to ensure government services to the nation continue. The executive branch of the Navajo government resumes with no disruption."

Sandoval said the president's office is looking into its legal options.

Shirley said the council's actions were likely the result of his government reform initiative, which includes reducing the council from 88 to 24 members. The special election for the initiatives is scheduled for Dec. 15, despite the lack of funding for the event.

However, delegates have consistently denied this claim. Placing the president on leave is a matter of protocol considering his name is so close to the investigations, said Raymond Joe (Blue Gap/Tachee/Whippoorwill), who sponsored the bill.

The Navajo Nation Council chambers was practically locked down through most of Monday in hopes of avoiding protests or a full blown riot, similar to that which occurred in 1989, when the council voted to remove Peter MacDonald Sr. from office.

The public was allowed in the council's special session but both driveways leading to the chambers were blocked by barricades and Navajo Nation police officers standing guard.

Tribal rangers patrolled the chambers and the council delegates' offices. Apache County sheriff's deputies stood in front of the president's office entrance.

Two full-sized Navajo Nation fire trucks parked in front of the chambers as if blocking the building from the street.

Still the scene was calm. There were no demonstrations or protests.

The council debated intensely through most of the day on whether to approve the bill. Several delegates opposed the bill.

Young Jeff Tom (Mariano Lake/Smith Lake) successfully added a bill to the agenda that would have requested the attorney general to investigate the matters, but did not place any staffer or official on leave.

However, his bill went unnoticed as delegates focused on the original legislation, sponsored by Joe.

Joe said placing Shirley on leave would help preserve evidence in the pending investigation. Ultimately, it would help clear the name and the integrity of the office and the tribal government, he said.

Nelson Begaye (Lukachukai/Tsaile/Wheatfields) said he did not agree with the bill because it listed names, including Shirley and Shelly and other executive branch staffers, thereby implying they are guilty. He also thought the tribe should release details of the OnSat and BCDS reports to the public, he said.

Neither of the reports mentioned Shelly, who was a council delegate when both OnSat and BCDS businesses went sour, which is why the council removed his name from the leave bill.

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