Council fights back on budget

WINDOW ROCK

Navajo Nation Speaker LoRenzo Bates and the Navajo Nation Council say they are not going to sit back and let the comprehensive budget they approved be altered by Navajo Nation President Russell Begaye, because they have reason to believe that his signature on the list of vetoes and the budget he signed is not legal.

On Sept. 27, Begaye and Navajo Nation Vice President Jonathan Nez were in Washington, D.C. signing the Diné School Accountability Plan with Interior Secretary Sally Jewell. That same day, according to a memo Begaye sent to Bates, the President also signed 17 line-item vetoes on the 2017 Navajo Nation Comprehensive Budget the Council had approved.

A legal opinion signed by Chief Legislative Counsel Levon Henry states Begaye’s line-item vetoes and signed memorandum explaining his vetoes is not valid, because Navajo Nation law mandates the President, in exercising his veto authority, shall veto the resolution within the territorial jurisdiction of the Navajo Nation as described in 7 N.N.C. Section 254.

“Title 2 is very clear on the process,” said Bates in an interview with the Times. “By the virtue of the mere fact that (Begaye) wasn’t here on the 27th, which it was dated for the 27th, and it has a stamp signature and we verified (Begaye) wasn’t here… He was not within the Navajo jurisdiction boundary.”

Earlier on Monday, Bates said he spoke to 15 other delegates, during his chair and vice chair meeting, to discuss taking this issue further. He said they agreed to have an opinion and a letter drafted by legislative counsel that will be issued to the Office of the President and Vice President, as well as the Office of Management and Budget and the Office of the Controller notifying them about the illegality of the rubber stamp signature and demanding they comply with the Navajo Nation Council’s  “action as it pertains to the Navajo Nation Council budget resolution.”

Bates said it is up to Office of Management and Budget and Office of the Controller whether or not they will comply with the opinion.

“The issue is not that we don’t have a budget … There is a budget,” said Bates. “OMB and the Controller have to decide which one it is.”

Late Monday afternoon Bates, with the support of council, sent out the memo to the Office of the President and the Vice President and the Controller’s Office that since the veto action is not valid the budget passed by council will be the budget that needs to be enacted.

“You are instructed to carry out all aspects of the Fiscal Year 2017 Comprehensive Budget as passed by the Navajo Nation Council and enacted by the President of the Navajo Nation discounting the appropriations and Conditions of Appropriation that were improperly vetoed,” stated in Bates memo to the Controller.  “In this instance the law is clear and unambiguous.”

Vice President Jonathan Nez said Monday neither he nor the president have seen Bates’ memo and couldn’t comment on it.

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