Letters: Leaders, postpone the election

People’s right to vote is sacred and sovereign. People gave a lot of thought, discussions and prayers to cast their votes in the Navajo Nation 2014 Primary Election.

Their votes for Navajo Nation president was discarded and made null and void by the Navajo Nation chief justice — using technicality and political maneuvering to disenfranchise tens of thousands of voters.

This caused the chaotic condition we are in now. The voters are angry. Five months have passed and we still don’t have a newly elected president. Voters are fussing with one another, while politicians are putting their heads in the sand and are afraid to make decisions for the people who elected them to fight for their rights.

Now, as if all the terrible things that have been done to us are not enough, we are being asked to vote again April 21. This ridiculous order, jammed down our throat, is by someone we don’t even know and don’t believe anyone have ever voted for this new dictator. He fired the Board of Election Supervisors we elected – ordered the controller to take money out of the people’s treasury without going through the Navajo Nation leaders whom we elected to safeguard our tribal funds.

Now, are we (the voters) to take this serious violations of our civil rights and rights under the Navajo Bill of Rights and go along and follow whoever scares us and leave nothing for our children and grandchildren?
Our elected leaders need to follow the wishes of the people and remain strong in their position to have a referendum on qualification first. Once the people (in majority) discussed and voted on the matter then set a new general election for the new president. This action will bring the majority of the people back to working together for the betterment of our nation and quit fussing over an edict by someone who we don’t even know and never voted for him.

Leaders (Navajo Nation Council) of the Navajo Nation need to postpone the election now and bring harmony back among our people. Going forth with the April 21st election will not bring us back together. In fact, it will worsen the situation.

Please, let’s restore harmony first before we decide who is going to lead us through the next four years.

Vern Lee
Fruitland, N.M.

An unsubstantiated attack on Deal

Delegate Leonard Tsosie’s recent editorial is an unsubstantiated attack on respected community advocate Percy Deal and the Honorable Chief Justice Herb Yazzie.

Mr. Deal, the first Native American elected as a Navajo County supervisor, and someone very familiar with legislative and judicial processes, has challenged Tsosie’s tactics that made our nation an embarrassing example of “how not to conduct an election.” Chief Justice Yazzie previously made judicious decisions based on sound law that Leonard can’t or won’t accept.

Mr. Tsosie stretched the truth when he characterized comprehensive election amendments enacted by the 16th Navajo Council of 1990 as voter disenfranchisement by Mr. Deal. Had Tsosie studied the legislation, he would’ve known the Council lowered the ages for candidates while strengthening the language requirement. The amendments opened doors for their participation in our government.

Ironically, it’s Tsosie who does not play by the rules. Last summer, he bypassed the full Council and granted a uranium mining company permission to operate a recovery project on and near tribal land in defiance of two laws that ban mining, processing and transportation of uranium on tribal lands. The Council rescinded his illegal agreement.

Now Tsosie is forcing a language referendum on us without public hearings at the risk of legislating our language out of existence. Isn’t it simpler for one person to learn a language than to destroy legislation that protects it?

Finally, there’s a public recording which implicates Tsosie and Lorenzo Bates with influencing the election outcome and deploying marchers to intimidate Council proceedings. Displaying favoritism, sharing inside information and promoting “no confidence” voting undermines public confidence in Tsosie and Bate’s ability to adhere to the highest standards of governance.

It’s to his advantage that we remain without an elected leader because Tsosie is, in effect, the unelected president. It’s no secret that he now controls Ben Shelly, Speaker Bates, and some delegates beholden to him. For that, we all suffer. Tsi’hodeeyá yee’.

We, the true disenfranchised voters of the silent majority, distrust and reject Leonard Tsosie’s games. He tramples on our right to participate in a lawful election. If other delegates honor their oaths of office, they must hold these men accountable for ethics violations. We vote, too. Don’t ignore us.

We’re fortunate in 2015 to still have our unique language and culture. Let’s be thankful for our right to vote and elect a new leader, one who respects our language, laws, government, and civil rights. God bless our precious Navajo Nation.

Roselyn Beck
Tselani-Cottonwood, Ariz.

‘Politics must not interfere with the judiciary’

With the recent election crises still looming and no election day in sight, the Navajo Nation is at a crossroads – becoming a nation with a stable government or not.

Three necessities warrant stability in government: 1) politically independent judiciary, 2) separation of powers, and 3) checks and balance. Of these three, a judiciary that is independent of politics is the essential characteristic of successful development of every nation in the world. In other words, politics must not interfere with the judiciary. If it does, then corruption and instability will occur.

Why is having a politically independent judiciary so important for successful economic development and stable government?

The primary objective of nations as they pursue economic development is to create governments that will attract investors — tribal citizens and non-tribal citizens — by making sure their investment of time or talents or energy or money will be handled fairly and will not be held hostage to corruption or partisan politics. ÉIf a nation’s laws and rules change chaotically, then investors will go where there is stability and fairness. When this happens, economic development stalls.

The current election crisis has been fueled by introduction of legislations to change laws and rules and ignore valid Supreme Court decisions when it should have ended months ago.

Our credibility as a stable, mature government with just laws in place is all but gone with weekly embarrassing national headlines. ÉNow, legislation has been introduced to remove Chief Justice Herb Yazzie.
That action is very similar to 1989 when our then-leader started firing people and removed judges, replacing them with political puppets. ÉIf Chief Justice Yazzie is removed, then the Navajo Nation government will be viewed as no longer having a politically independent judiciary, separation of powers, and checks and balance. Would-be investors will then flee, with the view that the Navajo Nation has an unstable, haphazard law-changing, and politically-charged government.

Some of our leaders do not respect valid court decisions and are unwillingly to make compromises for the good of the Navajo Nation. Misguided leadership mantra of “my way or the highway” is not good leadership. We pray for Navajo leaders who want to build a good government, are thoughtful and willing to compromise, respect our traditions and culture, and exhibit true unselfish leadership. This turmoil can end if the election is held April 21, 2015. Only then, will the Navajo Nation truly be on a path to successful development for our grandchildren and those not yet born.

Manley A. Begay Jr.
Flagstaff, Ariz.

Supreme Court justices lost
touch with its people

I thought we were finally on track to harmony (hozho) with the passage of the referendum by the tribal council and signed into law by President Ben Shelly on March 16. I was absolutely stunned to hear early voting was taking shape this past week.

It’s so frustrating to see the Supreme Court take away the election from the tribal election administration, a program under the legislative branch. The Supreme Court is trespassing onto the turf of the legislative branch is na•ve, dumb-founded, and raises a troubling concern.

Doesn’t the chief justice know the reason the separation of powers was created that makes up the tribal government? Someone needs to step up and give him a course and give him a test.

The leadership of the chief justice is a total embarrassment to the entire Navajo Nation and is causing a mass confusion and division among the Navajo people. The Supreme Court justices lost touch with its people and do not seem to care one bit or have any sort of respect.

How was the most recent ruling justified on the special election by only two sitting justices? The ruling is unjustified because a third justice is lacking to make a valid ruling.

Irene Black vacated her job six months ago due to her opposition of the justice’s involvement in the election process. A third justice was needed to make a tiebreaker in determining the validity of the ruling, including previous rulings.

The tribal council led by honorable delegate Leonard Tsosie with K’e and harmony in mind recently passed the referendum just for the Supreme Court to trash is not justice therefore is unacceptable. The justices are the outlaws of the Navajo Nation breaking the law as soon as they are enacted.

The other concern I would like to mention is the lack of K’e demonstrated by the justices during their rulings in connection with the election process. Most of us were taught to never ever forget about K’e throughout our lives and practice it daily in greeting people. What about them?
Before I forget I would like to praise Leonard Tsosie for his bravery and leadership keeping in mind his people every step of the way in dealing with the election crisis caused by the Supreme Court. He demonstrated a true leadership expected of an elected official.

The most troubling matter that I can’t put behind me is the lack of respect shown by the two presidential candidates. The body of the fallen officer, Alex Yazzie, was being transported through the streets of Shiprock, and Joe Shirley’s campaign rally was in full swing at the Shiprock Chapter House like nothing happened. On the other hand, Russell Begaye was having his campaign party the next day at the Huerfano Chapter House.

Both should have observed the fallen officer and suspended their campaign until after he was laid to rest. It’s so frustrating to see the hungry driven politicians not show any respect at all.

Vern Charleston
Farmington, N.M.

No vote will hurt your communities

Thank you my friend, Leonard Tsosie, for your letter. Thank you Council delegates, chapter officials, citizens, and former leaders for your positive responses. While I find many very misleading information in Mr. Tsosie’s (guest column from last week), I stand by mine as being very truthful.

I do however want to encourage all Navajo voters to go to the poll Tuesday, April 21, and elect a new president to work for us. It is our right and we must exercise that right. This election is even more important than ever; it is through our vote that we are strong. Our chapter is given money based on population and the number of votes cast. If you choose not to vote as some of you are advocating you are only hurting your communities. As you are aware, outside interests are wanting our water, natural resources and to weaken our sovereignty as a nation.

Those that are advocating not to vote please understand you are actually interfering with another person’s civil right and that’s absolutely wrong. It is like putting your hands over their month and eyes. If one of them want to challenge you in the court of law they can they will win. Please respect their rights.

I strongly urge the Navajo Nation Council to honor our right to elect a new president. I also urge the Navajo Nation Council to remove that language which restricts the funds in the amount of $317,000 to be used to hold an election for only referendum. I understand there is a legislation to remove the chief of police much like the legislation to remove the chief justice. With the two legislations, it is telling the outside entities we are not a stable government and they will lose confidence in the Navajo Nation. It will deter businesses restrict funding allocation and grants to the Navajo Nation; whereby we will all lose. This is the time to be as strong and as stable as we can be.

Mr. Tsosie mentioned a legislation in 1990 that I helped enact. The language of that legislation amended the qualification for candidates for Council delegates, school board and commissions; it changes the age from 30 years to 25 years old. In essence this allows and invites the youth to partake in leadership positions. And I am proud to be one of 51 that voted this in. May the Creator be with all of us. Ahe’ hee’ Nitsaago.

Percy Deal
Big Mountain, Ariz.

Disharmonies resulting from the Doctrine of Ma’ii-ness

On March 27, Navajo Department of Justice, on behalf of the Acting Controller, filed a Motion for Clarification advising the Supreme Court that “the Acting Controller is not empowered to unilaterally transfer the identified funds.”

On March 31, President Ben Shelly filed his Motion to Intervene stating that he wants to protect the executive’s interest in the transaction of government business in the Dale Tsosie/Hank Whitethorne court case. The Council, Attorney General and the President were trying to “talk” to the Supreme Court, but the Supreme Court chose, once again, to not listen.

It denied the President’s motion by disrespectfully calling him a “hold-over president” who should not have a say in this matter anymore.

What is of interest is that the Navajo Supreme Court was elated to allow Julius ElwoodÑat the end of the caseÑto appear as Amicus Curiae and listen to his brief. The Court even praised JElwood as a “candid” private citizen whoÑsomehowÑhad confidential information about the Contingency Management Fund (“CMF”) (In December 1999, the Council passed Res. CD-105-99 to set up CMF management fund and declared information about the fund to be sealed as confidential because it holds funds for litigation expenses against the Navajo Nation).

Elwood is not a “candid” private citizen that the Supreme Court wants you to believe. He is an operative of the Joe Shirley campaign. He never reveals in his court brief (which was most likely written for him) that he works for Shirley’s campaign. And, how did he clandestinely come to possess confidential information about the CMF? Did former President Joe Shirley, Jr., or his former employees, disclose this information? If so, they broke the law. Mr. Elwood also was an employee of the Executive Branch and Legislative Branch. By obtaining the confidential information which his former jobs did not authorize him access to, he also broke the law.

The acceptance of Elwood’s brief by the Supreme Court is just too convenient and is not coincidental and almost choreographed. It amounts to Joe Shirley’s campaign telling Chief Justice Herb Yazzie: “Pssst! Chief Justice, I know where you can find some monies to fund the election so I can get elected. Hurry and get the money from the Contingency Management Fund.”

If one looks at the Certificate of Service, it shows that Julius Elwood did not send a copy to Navajo Nation lawyers. This is another example of the Supreme Court having, and rendering decision on, ill-gotten information and ex parte communication with parties or persons that are adverse to the Navajo Nation and disenfranchised voters. Poor disenfranchised voter does not have a fair chance before Chief Justice Yazzie-led Navajo Supreme Court. And, ex parte communication by a court is a judicial sin. All this is tiring.

Percy Deal’s column said that I have Shelly in my pocket. President Shelly has never been in my pocket. His extended term is a result of Navajo Department of Justice prematurely filing a motion with the Navajo Supreme Court to determine who should be the president. By this motion (which is publicly available), we were forced to negotiate so that Chief Justice Yazzie will not find another way to select a Navajo Nation president. Further, I never held the Council hostage. All debates are freely done. I debate often to point out what I believe is in the best interest of the Navajo People and to hold people/programs accountable.

It is the actions of Director of Election Administration to schedule the April 21 election with no identified funds that is illegal. That is the cause of the current confusion. It is the actions of the Navajo Supreme Court that is illegal to use another pot of funds for an election and force other employees and court officers to get that money by an Order. CMF was never intended to be used for election expenses. Attorney General has just caved into Chief Justice Yazzie’s demand without looking out for the interest of the Navajo Nation. Tsosie/Whitethorne case started as a grievance between private candidates. How can such a case be deemed to be a judgment against the public monies of the Navajo Nation? We now have a presidential election that was illegally-scheduled and illegally-funded to give it the stink of an illegal election. Unfortunately, many Navajo persons have to participate in it to preserve their right to object later.

The latest round of questionable Court maneuvering and illegal activities behooves the Law & Order Committee to act on the legislation.

The breaches of confidential information, continued disrespect of Navajo laws and Navajo leaders by Navajo Nation Supreme Court, judicial sins, ex parte communications, Attorney General not standing up, breaches of Judicial Canons of Conduct, usurpation of Separation of Powers, etc., only shows that the disharmonies resulting from the Doctrine of Ma’ii-ness and started by the Jordan/Jones/Tsosie/Whitethorne team is still around. There are many Navajo songs and prayers to restore harmony. Let those songs and prayers begin and may the may the Creator continue to bless our homeland.

Delegate Leonard Tsosie
23rd Navajo Nation Council

Welcome a new dawn together

First, the usual disclaimers: The views expressed in this letter are my personal thoughts and not those of any present or past employer or client.

I have known Percy Deal for about 40 years. He has been one of the most dedicated and capable local Navajo leaders who always put his community first and his “community” often includes far more than the Tse Dildo’i Chapter.

Thus reading Council Delegate Leonard Tsosie’s attack on Mr. Deal is distressing, since Mr. Tsosie ought to show more respect for Mr. Deal.

Council Delegate Tsosie is intelligent and his record shows he has the capability of making wise choices. His harshness, however, undercuts his effectiveness and today’s Navajo Nation needs words that bring people together rather than words, which cause discord and disharmony. As the Hon. Allen Sloan often reminds Navajo Nation Bar Association members, “disagree politely” and “have discussions, not arguments.”

SomedayÑsoon I hope and prayÑthe Navajo people will have a new president and perhaps new laws on Navajo language fluency. But the Navajo people who must interact and deal with one another will be the same Navajo people who are engaged in the current controversies. To make reconciliation possible, those involved in the current dispute need to remember that there will be a tomorrow, with a sunrise and maybe even some rain. They need to stop destroying relationships so that they can welcome that new dawn together.

Lawrence A. Ruzow
Flagstaff, Ariz.

Proceed with the April 21 election date

The 2014 Navajo Presidential election should be held as soon as possible and tribal officials need to honor the rulings of the Navajo Nation Supreme Court in establishing an election date and ordering the controller to pay for the election.

The elected and appointed officials must conform with the highest standards of conduct and have a fiduciary duty to hold timely elections and prudently manage the people’s money.

I further believe that it is a violation of our people’s civil rights under the Navajo Bill of Rights and the 1968 Indian Civil Rights Act to deny Navajo voters the right to vote. Therefore, it is appalling, indeed sickening and disgusting, that certain legislators of the Navajo Nation have hijacked the presidential election and want to change the election rules to allow an unqualified candidate to run more than five months after the election should have been held.

I sincerely want all this chaos to end and hopefully the Supreme Court will deny the petition for reconsideration by legislative counsel and the Motion to Intervene by acting President Shelly. The Supreme Court needs to uphold its March 20 order that the acting controller and the Navajo Nation Department of Justice pay for the April 21 presidential election, or to otherwise to order these officials to pay for the election using the Contingency Management Fund.

The Navajo Nation Supreme Court acted properly and within its jurisdiction in entering the March 20 order. What is at stake here is the enforcement of a valid and final Supreme Court order that was entered after all election challenges were exhausted and the Court ordered the Election Administration to hold the Presidential election on a date certain.

Enforcement of a final order of the Court has nothing to do with legislation enacted by the Navajo Nation Council after that order is entered. The Navajo Nation Council is, or should be, aware that prior Councils, in enacting the Judicial Reform Act of 1985, acknowledged its lack of authority to review or overrule Navajo Nation Supreme Court decisions.

Ben Shelly was soundly rejected by the voters in the primary election (7th place), to continue to serve as acting president until a new president is sworn in. Now he is complicit in the enactment of CMA-06-15, which is likely unlawful, and wants to impede the April 21, 2015, election, because he says he wants to uphold the laws of the Navajo Nation. His motion to intervene should be denied.

It is the ultimate irony that the same people who waste the people’s money by continually waiving or ignoring laws, rules, procedures and even the Appropriations Act now want to honor the fine print of the Appropriations Act. The money required to pay for the presidential election is the money that belongs to the people, not to the elected or appointed officials, and the Court has all the authority necessary to order that public officials use the People’s money pay for the election.

The election laws without question are the most important laws of the Navajo Nation because it is the foundation of Navajo democratic government. The Supreme Court may issue any reasonable order including the use of appropriated moneys to pay the expenses of an election. After all, the Navajo Nation government has an absolute obligation to fund the Navajo Nation general and Presidential elections and Contingency Management Funds may be used for this entirely lawful purpose.

Julius Elwood
Standing Rock, N.M.

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