Reform panel bill skirts high court ruling
By Marley Shebala
Navajo Times
WINDOW ROCK, Oct. 3, 2011
The Navajo Nation Supreme Court on July 16, 2010, issued an order directing the previous Council to immediately reinstate the Commission on Government Development. The order invalidated the Council's earlier vote to abolish the commission and add its administrative staff to the speaker's office.
The order languished as the previous 88 delegates scrambled to see who would survive to join the new 24-member Council.
The new Council has established a Government Reform Subcommittee to comply with the court's order, but it is moving forward on a bill that would eliminate representation of several important constituencies on the commission.
Against the advice of the subcommittee's own legal counsel, who itemized his concerns in a two-page memo written Sept. 20, the subcommittee is looking at eliminating representatives of the Navajo Nation Women's Commission, Diné College student body, traditional healers, and graduate students.
On Tuesday, the subcommittee set Oct. 7 as its deadline to finalize the 2011 Government Development Commission Act Amendments. This will allow for the five-day public comment period before the bill goes to the Nabik'yati Committee on Oct. 12 and then to the Council, which begins the fall session on Oct. 17.
Subcommittee Vice Chair Jonathan Nez (Navajo Mountain/Oljato/Shonto/Ts'ah Bii Kin), who is sponsoring the amendments, proposes that the speaker would appoint five members of the Council, one from each agency.
Removing representatives from the women's commission, traditional healers, Diné College student body and graduate students was to keep the commission membership at 12, said the subcommittee Chairman Leonard Tsosie (Baca/Casamero Lake/Counselor/Littlewater/Ojo Encino/Pueblo Pintado/Torreon/Whitehorse Lake).
The chapters in each agency would continue to appoint one representative.
The executive and judicial branches also would continue to each have a representative on the commission.
The proposed amendments would also change the name of the Government Development Commission to the Government Reform Commission.
Bessie Tsosie, chair of the Government Development Commission, said she had not seen the proposed amendments and asked to submit recommendations before the bill is finalized.
Leonard Tsosie granted the request but added, "Just don't go into left field."
On Sept. 21, acting Chief Legislative Counsel Edward A. McCool advised the subcommittee that the Supreme Court was clear in its 2010 order that any changes could only occur through recommendations from the Intergovernmental Relations Committee and Government Development Commission.
He said the Council first must reinstate the commission in its present form. Then it can propose changes but, in his opinion, any changes would require a referendum.
McCool also reminded the subcommittee that the Supreme Court said the commission and office are "established according to the wishes of the people."
McCool added that the Supreme Court said power of the structure of the Navajo government "is ultimately in the hands of the people."
But subcommittee members said the amendments are needed now so the commission can reach a quorum and begin work.
Bessie Tsosie countered that the commission's effort to get going was stymied because the previous Council had rejected member nominations.
And she said nominations from Diné College and the Fort Defiance Agency were put on hold pending legislation to abolish the commission and move its office under the speaker's control.
In addition to Leonard Tsosie, the Government Reform Subcommittee members are Russell Begaye (Shiprock), Jonathan Hale (Oak Springs/St. Michaels), and Dwight Witherspoon (Forest Lake/Hard Rock/Kits'iili/Pinon/Whippoorwill).