Council rejects Nygren’s move to remove controller, says only lawmakers can decide
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President Buu Nygren’s attempt to fire Controller Sean McCabe has been rejected by the 25th Navajo Nation Council, which says only the Council can remove or accept the resignation of the Nation’s chief financial officer under Navajo law.
McCabe said Wednesday morning he received a termination letter Tuesday evening. He called the situation unfortunate and said the people deserve accountability and transparency.
“And that’s all I tried to do as the controller,” he said in an interview. He added that he would not “sling mud” at the president.
“They (Nygren Administration) shared a letter of termination yesterday at 6:30 p.m.,” McCabe said. He said he is willing to return if needed.
In a Wednesday statement, lawmakers said McCabe remains the duly confirmed controller and called Nygren’s letter an unlawful attempt to remove him. They said McCabe serves at the pleasure of the Council, citing Title 12 of the Navajo Nation Code, Section 202, Subsection B, Paragraph 2. They also said the Office of Legislative Counsel previously determined the president lacked authority to accept McCabe’s resignation in July or to appoint an acting controller without the concurrence of the Budget and Finance Committee.
Lawmakers linked the firing attempt to a dispute over spending. They said the Office of the Controller provided financial records on the Office of the President and Vice President’s reallocation of funds from missing persons services to cover Nygren’s travel and operating costs. They said the administration executed a budget revision that moved $229,000 from missing persons services.
They also said Nygren repeatedly pressed the controller to reactivate his purchase card after it was shut off at the start of the new fiscal year because of insufficient travel funds.
“The president is clearly retaliating against the controller and violating his fiduciary and legal responsibility to uphold the best interest of the Navajo Nation,” Speaker Crystalyne Curley said Wednesday morning. “The Council will continue to uphold the lawful confirmation of the controller.”
Curley said McCabe has a central role in an ongoing inquiry into ZenniHome and that the investigation will continue without political interference. She said the controller’s oversight of ARPA funds is extensive, which has raised concerns among lawmakers while questions about the use of those funds by the administration are reviewed.
McCabe, who was unanimously confirmed on Jan. 24, 2024, said he hopes the Nation gets what it deserves through this process.
“The Navajo people deserve accountability and transparency,” he said. “And hopefully, whatever happens going forward, the Navajo people get what they deserve.” He added that people are “in good hands with Mr. (Robert) Willie,” the acting controller, and called him “a true professional.”
The Council stated that the president has claimed he accepted McCabe’s resignation in July and then reappointed him as interim controller, which the president argued made McCabe subject to removal by the Executive office. The Office of Legislative Counsel rejected that view. It stated only the Council can accept the controller’s resignation and that because the Council did not do so, the president’s actions had no legal effect.
Curley sent a memo to McCabe on Wednesday reaffirming his status and saying the termination letter dated Oct. 7 has no legal authority. The memo, which McCabe said he received, stated McCabe is authorized to continue carrying out the duties of the office under all applicable laws and policies to protect the Nation’s financial integrity and maintain continuity of government operations.
McCabe said he returned to Albuquerque after receiving the termination letter and spoke with delegates while events unfolded. “I’m happy to come back and help people, but we’ll see what happens,” he said.
As of Wednesday, Council leaders maintained that McCabe remains in office and that any change in the controller’s status must come through the Legislative Branch.
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