Delegates haggle over legality of budget

There is still no operating budget for fiscal year 2011, although the Navajo Nation Council attempted to pass the budget during a Feb. 15 special session.

When the bill, sponsored by LoRenzo Bates (Nenahnezad/Newcomb/San Juan/T'iistoh Sikaad/Tse Daa K'aan/Upper Fruitland), reached the Council floor there were questions about amendments recommended by the Nabik'iyati' Committee.

On Feb. 14, the committee issued a "do pass" with 13 amendments for the proposed budget.

Receiving the most comment from delegates was the amendment that would provide $3.7 million to increase the stipends of chapter officials, district grazing committee members, Eastern Navajo Land Board members, farm board members, and members of the soil and water conservation districts.

"This amendment busts the budget," said Leonard Tsosie (Baca-Prewitt/Casamero Lake/Counselor/Littlewater/Ojo Encino/Pueblo Pintado/Torreon/Whitehorse Lake).

Tsosie mentioned that under Title 12 of the Navajo Nation Code, the Council must present a balanced budget.

"We have the OMB director there and we have the former Budget and Finance chair there, so we have people that we thought had budget knowledge presenting a busted budget," Tsosie said about Bates, Controller Mark Grant and Office of Management and Budget Director Dominic Beyal.

Tsosie, along with Danny Simpson (Becenti/Crownpoint/Huerfano/Lake Valley/Nageezi/Nahodishgish/Tse'ii'ahi/Whiterock), were concerned about a bill that the Council passed earlier in the day had not been reviewed by President Ben Shelly.

This bill would amend the Personal Lapse Fund to pay for general wage increases for tribal employees in addition to funding the $3.7 million for the stipend increase.

The bill cleared the Council floor by 18-1 earlier in the day.

"My question is, has this been signed into law today?" Simpson said.

Dana Bobroff, acting deputy attorney general, informed the Council that the president had not signed the bill but his legal counsel had a copy and would present it to the president for his signature after his airplane returned to Window Rock.

"I can't promise, I do know they have it," Bobroff said.

Simpson continued to question if it was appropriate for the Council to continue discussing the proposed budget since the bill was not signed.

Bobroff suggested that the Council either add some contingent based on the passage of the Personal Lapse Fund legislation or they could continue debating the budget without taking any action.

"But if you pass the budget legislation before the personal lapse legislation has been signed, it may be problematic," Bobroff said.

With that Tsosie called for a point of order.

"The law is very clear you don't make it a contingent, you don't pass a 'what if' budget, the law says you shall balance the revenue and the expenditure," Tsosie said. "It appears the staff from DoJ is lobbying the president to sign this if they're making arrangements for it."

Tsosie also reminded the Council that Navajo law allows the president 10 days to review legislation before issuing a concurrence or a veto.

Bobroff defended the justice department's actions by explaining that the amendments were passed Feb. 14 at the Nabiki'yati' Committee meeting.

"I believe I was acting on behalf of Council's request not lobbying," Bobroff said.

Before further debate continued, Alton Joe Shepherd (Cornfields/Ganado/Jeddito/Kin Dah Lichii/Steamboat), who motioned to have the 13 amendments packaged in one motion, withdrew his motion citing a conflict of interest that he said he realized as read through the amendments.

Shepherd did not elaborate on his conflict of interest.

Katherine Benally (Chilchinbeto/Dennehotso/Kayenta) then motioned on the amendments.

Another amendment to fall under debate would allow the continuing operation of the first lady's office and the executive protection services - funding for both programs were appropriated to Navajo Transit for a matching grant under the tabled budget.

Last week, the OMB recommended that the president's office revisit the executive branch's budget to determine appropriate funding levels.

Under those recommendations, the executive branch will keep $153,084 to operate the programs while Navajo Transit receives $164,000.

Joshua Lavar Butler (To Nanees Dizi) said this could cause Navajo Transit to lose funding from Arizona, New Mexico and Utah, in addition to impacting transportation service to the Navajo people, including college students from his chapter who relay on the service to drive them to Flagstaff for classes.

Edmund Yazzie (Church Rock/Iyanbito/Mariano Lake/Pinedale/Smith Lake/Thoreau) once again questioned if the Council's action on the budget was legal since Shelly had not acted on the bill that would amend the Personal Lapse Fund.

"How crazy is it going to be when we approve this and the president hasn't even signed this off into law?" Yazzie said. "Until the president signs this then we are invalid."

With that, Speaker Johnny Naize (Blue Gap-Tachee/Cottonwood-Tselani/Low Mountain/Nazlini) called for a recess until 7:30 p.m.

At that time the proposed budget was tabled again. The Council is scheduled to meet to discuss it on Feb. 22.

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