Council appeal of leave decision headed for hearing
By Jason Begay
Navajo Times
WINDOW ROCK, Feb. 4, 2010
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President Joe Shirley Jr.'s forced leave is heading back into the spotlight.
The Navajo Nation Supreme Court is scheduled to hear the Navajo Nation Council's appeal regarding Shirley's leave for 10 a.m., March 19, at the Diné College campus in Tsaile, Ariz.
The council will argue its appeal regarding Window Rock District Court Judge Geraldine Benally's ruling Dec. 14 that the council's bill placing Shirley on leave in October was null and void.
According to her ruling, Benally found that the council acted outside of its duties when it voted to place Shirley on leave. In addition, the bill, which was labeled an emergency, violated law because it was not reviewed by two separate committees before moving on to the full council.
The Navajo Nation Council voted to place Shirley on paid administrative leave while the attorney general investigated his involvement in two failed business dealings that went sour, costing the tribe millions.
Attorney General Louis Denetsosie told the council in January that the Window Rock District Court Special Division had selected a special prosecutor in Alan Balaran a Washington, D.C., attorney, to further investigate.
Benally's ruling also had a side affect of forcing delegates to go through additional processes to approve emergency bills.
Recently, during the council's winter session, delegates held to Benally's ruling mandating emergency bills be reviewed by two committees. In particular, Young Jeff Tom (Mariano Lake/Smith Lake) shopped his bill asking for $1 million for emergency services to two committees.
The council almost ruled the bill out of order before Tom provided documentation that his bill had been properly reviewed.
According to a release from the Navajo Nation Supreme Court, the Navajo Nation Council has until Feb. 19 to file its opening brief. Shirley would then have until March 1 to file his response with the council's final reply brief due March 8.
The council has acquired a legal team from the Sutin, Thayer & Browne law firm in Albuquerque.
