Speaker files dual court actions to block Nygren’s vetoes, restore balance

WINDOW ROCK

Speaker Crystalyne Curley has filed two separate court actions to stop President Buu Nygren from unlawfully controlling the Nation’s budget and overstepping his authority by removing the tribe’s controller.

The filings – a verified petition for a permanent injunction and an application for a temporary restraining order and preliminary injunction – were both submitted Oct. 10 in the Window Rock District Court. Together, they accuse Nygren of violating Navajo law, Diné Fundamental Law and the separation of powers that govern the three branches of Navajo government.

Court fight over budget power

In her first filing, Curley asks the court to strike down Nygren’s Sept. 15 and Oct. 6 line-item vetoes, which she argues illegally defunded the Legislative Branch. Nygren vetoed more than $8 million from the Council’s budget that included operational funding for the Speaker, Legislative Services and the Navajo Youth Advisory Council.

“The very concept of such absolute and unrestrained power is inconsistent with the concept of checks and balances,” the filing states, citing a 1974 New Mexico Supreme Court ruling that veto authority “is not absolute and may not be exercised without restraint.”

Chief Legislative Counsel Michelle Espino said Title II amendments give the Council exclusive oversight and budgetary authority, and that the president’s veto cannot override those laws.

According to the filing, Nygren’s vetoes were retaliatory – meant to pressure lawmakers into granting him the full $6.9 million he sought for the Office of the President and Vice President, nearly $2 million more than the Council approved.

“If the president is able to exercise the line-item veto to eliminate funding to operate the Legislative Branch,” the petition says, “that system of checks and balances has failed.”

Since Oct. 1, the Legislative Branch has been operating without a budget. Staff have been furloughed, travel has been halted, and several programs have been suspended.

“Many of our employees don’t feel safe and they feel intimidated just by the physical presence of the Office of the President,” Curley said after filing the court actions. “It’s been heartbreaking. Our people keep saying, ‘Do something,’ and this is also a solution – to take action through the court.”

Curley said the filing was not just for the Council, but for all Navajo people.

“This is not for the Speaker or the Council,” she said. “This is for the people, because we’re in a very critical time where we have to put our people first and secure our funds, the Office of the Controller and ensure the president is held accountable. Enough is enough. No one should be above the law.”

Controller authority at the center

Curley’s second court action challenges Nygren’s removal of Controller Sean McCabe and his appointment of Alva Tom as “interim controller.” Her attorneys argue that both moves violate Navajo law and the separation of powers.

Under Title 12 of the Navajo Nation Code, specifically subsection 202 (B), only the Council can approve or terminate the controller. A president may appoint an acting controller only if the position is vacant and only with the consent of the Budget and Finance Committee.

According to the filing, McCabe never vacated his position. He submitted a resignation letter in July but rescinded it the next day, and the Council reaffirmed him in October.

“The position of interim controller does not exist under Navajo law,” the filing states, calling Nygren’s action “a thinly veiled attempt to bypass the Budget and Finance Committee’s statutory authority.”

Financial stability, history

Delegate Amber Kanazbah Crotty, who joined Curley at the courthouse, said the injunction was filed to protect the Nation’s financial stability and reassure employees.

“We just filed a temporary restraining order with the courts here at Window Rock,” Crotty said. “The speaker is the petitioner, and this will impact the illegal termination attempt of Sean McCabe. We’re doing this to protect our financial system and reassure employees that they are protected under Navajo Nation law.”

Crotty said the Nation’s audits and investments depend on the controller’s office functioning lawfully and independently.

“There are major implications when it comes to our financial system – from audits to investments – and how the outside financial world is watching the Navajo Nation,” she said. “We found historical documents showing that the controller serves at the pleasure of the Council, and Title 12 Section 202 is clear about that authority.”

Delegate Crotty said a 1997 memo was found that provides evidence on how a controller began serving at the pleasure of the Council. She mentioned a dispute between the late and then- President Albert Hale and then-Controller Bobby White, which led to the creation of Title 12, section 202 (B) and the controller working at the pleasure of the Council.

White was honored in July by Delegate Cherilyn Yazzie for his role in securing the financial future of the Navajo Nation.

According to the Council’s July press release, White created the Navajo Nation Permanent Fund in 1985. He also played a role in challenging the U.S. Department of the Interior’s handling of federal trust funds, contributing documentation to the historic Cobell v. Salazar lawsuit, which would lead to a $554 million settlement for the Navajo Nation in 2010. In addition, White authored the Master Investment Policy of 1990, the 1998 Navajo Nation Appropriations Act and the 2001 Bond Financing Act are significant milestones in the Nation’s fiscal governance.

In 2017, then-President Russell Begaye brought White back as acting controller. At the time, the Budget and Finance Committee voted to appoint him.

Crotty said the public would be given full access to the filings.

“We’re going to post the filings and make sure the public gets a copy so that everyone understands how we got here,” she said. “We’re doing this respectfully for the current employees – they shouldn’t bear the burden of changes made outside the law.”

Disputed funds, the path to balance

The injunction also claims Nygren and Tom attempted to redirect about $250,000 that the Council had appropriated for search efforts related to missing and murdered Navajo relatives. The filing says those funds were instead approved for presidential travel and other expenses – a transfer McCabe had refused to authorize.

“The unlawful expenditure of funds authorized by the Council for other purposes is a form of injury that cannot be easily remedied,” the filing states. “If those funds are expended, the president and the interim controller’s action may permanently deny the direct services that the Council appropriated for the Navajo people.

Curley said she hopes the court will restore balance between the three branches of government.

“The Navajo people are to be governed by separate and independent branches,” she said. “Too much power will not be consolidated within a single branch.”

Crotty said she plans to declare an emergency to stabilize the Nation’s finances.

“Our goal is to stabilize our financial system as quickly as possible,” she said. “We also need a speedy legal analysis, so we don’t find ourselves in days of unknown territory –especially when it comes to our finances. Accountability and stability are what our people deserve.”

Curley said the court filings mark a turning point for government accountability.

“No one is above the law,” she said. “We’re taking this step for the protection of our people, our employees, and the future of the Navajo Nation.”

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