Letters: Seeking info on late Shiprock woman

At age 75, Marie Estelle Yazzie passed away on Saturday, April 16, in Littleton, Colo. Sadly, the facility where she was taken care of and passed on, has no one listed as next of kin and I need your help in locating any family member.

Marie Estelle is believed to be from Shiprock, and may have siblings residing in Albuquerque and California.

If you have any information, please contact me at 720-237-5650 or message me on Facebook at Navajo in the City.

Davina Harrison
Denver, Colo.

Ensuring Navajo voters’ rights are protected

Issues impacting Navajo people that are being debated and discussed at the national presidential debates, and congressional and local political races underscore the importance of the Navajo people’s sacred right to vote.

Since January, the Navajo Voters Coalition, Inc. has diligently been requesting information from Rodger Martinez, chairman of the Navajo Board of Election Supervisors, and Edison Wauneka, director of the Navajo Election Administration, that would protect Navajo voting rights. Our letters requested several items from the NBOES and the NEA: a copy of its plan of operation, board-meeting protocols, administrative coordination between the NBOES and the NEA, and administrative policies and regulations. The Navajo Voters Coalition, Inc.’s purpose was to better understand how the NBOES and NEA protect Navajo voters rights and to ensure that Navajo elections are conducted in a manner that is fair, unbiased, and untainted.

Unfortunately, NBOES Chairman Mr. Martinez responded on Feb. 25, 2016 directing us to NBOES and NEA’s authorizing legislation in Title 2 and 11 of the Navajo Nation Code. Quite astonishingly, board chairman identified these authorizing legislation as the NBOES and NEA’s plan of operations. While these laws outline the purpose, powers, and duties of the NBOES and the NEA, it is not a detailed plan of operation outlining the coordination between the NBOES and the NEA. From our review of Title 2 and 11, it is clear that the NBOES and NEA do not have a plan of operation that will provide administrative and regulatory protection of Navajo voters rights.

Furthermore, Title 11 of the Navajo Nation Code pertaining to the NBOES requires by law that the NEA director hires and the NBOES confirms a deputy director for the NEA. A call to the NEA confirmed that there has not been a deputy director for the NEA in years. It is our understanding that a deputy director would support the director of the NEA, and would potentially be delegated administrative duties to ensure the lawful operation of the NEA. Without a plan of operation, the duties and responsibilities of an NEA deputy director is virtually unknown. The NEA is operating in violation of Navajo law without a deputy director. The role of the NEA deputy director would have been crucial to fill the responsibilities of the NEA while its director Edison Wauneka ran for Navajo Nation president in 2014.

Mr. Martinez responded to our inquiry to identify legal counsel by stating, “We currently seek assistance from the Office of Legislative Counsel…” The Navajo Voters Coalition review of Titles 2 and 11 discovered conflicts of interest for the NBOES and the board’s use of the Navajo Nation Council’s Office of Legislative Counsel for legal representation, advice and guidance.

To understand the conflict of interest it is important to understand the relationship between the Navajo Nation Council and the NBOES/NEA: According to Navajo law, the NBOE is responsible to the Navajo Nation Council Law and Order Committee. On the one hand, attorneys for the Office of Legislative Counsel provide legal representation, advice and guidance to the Navajo Nation Council and the Rules and Order Committee regarding Committee legislative oversight authority of the NBOES/NEA. On the other hand, the same attorney provides legal representation, advice and guidance to the NBOES/NEA.

Take a moment to consider the troubling ramifications that arise for an attorney to represent both the oversight committee for the NBOES/NEA, and to represent the NBOES/NEA in its relationship to the oversight committee at the same time. This conflict of interest will become evident when the Office of Legislative Counsel attempts to represent both the Committee and the NBOES/NEA at an oversight committee hearing.

This is further complicated when Navajo Nation law clearly states that the purpose of the NBOES is to be an “independent entity,” that the NBOES are “to provide fair, unbiased and untainted elections,” and that the board is to “guard against abuses of the electoral system in the Navajo Nation.”

Not too long ago Navajo electoral process was in turmoil as a result of the Navajo Nation Supreme Court violating Title 2 Separation of Powers by overreaching into legislative authority over the operations and budgets of the NEA and the Office of the Controller, thereby judicially putting an end to the NBOES and NEA’s independence.

Sadly, the NBOES did not adequately respond to a Navajo Voters Coalition, Inc. follow-up letter seeking clarification and highlighting the Navajo voter’s concerns. In a March 31, 2016 response letter, the NBOES sidestepped these issues and did not provide any information to the Navajo Voters Coalition, Inc.

It is important for the Navajo voting public to know the dangerous state of the NBOES and NEA:

• There is no plan of operations
• There is no deputy director
• Conflicts of interests with the use of an attorney who simultaneously provide legal counsel to the oversight committee and the NBOES/NEA.
• Disregard and unconcern for protecting Navajo people’s voting rights

During a quarterly meeting, members of the NBOES stated they are newly elected and have not had time to understand their responsibilities and duties. This statement reflects the unacceptable and troubling state of the NBOES and the NEA. Navajo voting rights and future Navajo elections are in danger of being violated or denied. It is time for the NBOES to exercise their statutory independence and authority and to hold the director of the NEA accountable. The NBOES must protect the rights of Navajo voters.

Anthony Allison, Board President
David Nez, Board Vice President
Navajo Voters Coalition, Inc.
St. Michaels, Ariz.

 

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