Judge grants temporary order blocking controller shakeup, sets Oct. 27 hearing
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Judge Malcolm Begay of the Navajo District Court on Friday issued a temporary restraining order that halts President Buu Nygren from removing Controller Sean McCabe and from installing an acting controller without consent from the Budget and Finance Committee.
The order keeps the status quo until a preliminary injunction hearing on Oct. 27.
The case was filed by Speaker Crystalyne Curley in the Window Rock Judicial District. In his order, Begay finds the court has personal and subject matter jurisdiction and notes the dispute involves Navajo Nation government entities under Navajo law.
In filings summarized in the order, Curley says the president terminated McCabe and named Alva R. Tom as interim and then acting controller without Council approval. She further alleges Tom reversed McCabe’s actions, including reactivating procurement and travel credit cards for the Office of the President and Vice President. The memo explains those cards had been turned off because there was no operational budget and that staff were confused about whose directives to follow.
The order also notes an allegation that Tom began reallocating money from the Missing and Murdered Indigenous Women program to support operations for the Office of the President and Vice President, which McCabe did not authorize.
Curley welcomed the ruling. “The Navajo Nation District Court’s ruling is a significant and necessary step toward restoring integrity within our government,” she said Friday night. “The court’s findings reaffirm that the president cannot unilaterally appoint or remove the controller without the consent of the Navajo Nation Council and the Budget and Finance Committee.”
She said the order “ensures that the Nation’s funds are secured and prevents any further unauthorized transfers or actions within the Office of the Controller.”
Curley added that the decision allows a full review of what occurred inside the office since the takeover by the Office of the President and Vice President.
“I commend the court for doing the right thing in preserving transparency, accountability and financial stability for our Nation,” she said. “The court’s granting of the TRO is a strong indication that President Nygren broke the law and that the Navajo Nation Department of Justice was wrong in advising OPVP in the wrongful termination. The Council maintains that McCabe is the lawful controller.”
The order cites the statutes governing the controller’s office and appointment. It states that the controller is appointed by the president with Council approval and serves at the pleasure of the Council, and that an acting controller may be appointed during a vacancy only with consent of the Budget and Finance Committee.
The court explains that a temporary restraining order may issue to maintain the status quo and that Curley, the petitioner, must show a protectable interest with a strong likelihood of success, likely irreparable harm, the substantial nature of the threatened injury and the lack of an adequate remedy at law.
According to the order, Curley argues McCabe’s termination was unlawful, that alleged transfers directed by Tom could not be easily remedied once funds are spent and that the actions risk intruding on legislative authority.
McCabe responded Friday night. “I’m encouraged by the courts impartiality in the granting of the order,” he said. “Time to get back to work for now and continue in my role to do what’s best for the Navajo people and their financial resources.”
He thanked the 25th Navajo Nation Council for its support and said he looks forward to the hearing.
The order enjoins the termination of McCabe, bars the appointment of an acting controller without Budget and Finance Committee approval and restricts the Office of the Controller from taking actions under Tom’s authority unless those actions are ratified and confirmed by McCabe.
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