Budget passes
Third time's a charm as council approves $543.5M spending plan

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — It's a done deal.

After two unsuccessful sessions, the Navajo Nation Council finally approved a $543.5 million budget Tuesday for Fiscal year 2006, that begins Oct. 1.

But the day wasn't without some minor debate. It began early as delegate Young Jeff Tom (Mariano Lake/Smith Lake) proposed an amendment to funnel $2.1 million from the personnel lapse fund to the 110 Navajo chapters for discretionary hardship assistance and officials' stipends.

"I don't know how it is that Young Jeff Tom is so privileged to have information on the personnel lapse fund," said delegate Katherine Benally (Dennehotso). "We all should have that information so we could make informed decisions."

Delegate George Arthur (Burnham/San Juan/Nenanezad) said the council needed more information that Tom had provided to debate the issue. He wondered what the loss of the $2.1 million would do to the personnel lapse fund. The Office of Budget and Management needs to provide information on this issue, Arthur said. The personnel lapse fund was established several years ago to fund wage increases and maintain pay scales.

Removing money from the fund would force every department to absorb future wage increases on their own, warned delegate Larry Anderson Sr. (Fort Defiance).

Upper Fruitland delegate LoRenzo C. Bates reminded council that when the fund was established in 2002 it was "restricted solely" to the purpose of meeting pay plans and meeting pay classifications.

"It was restricted for one reason," Bates said. "Using it for another purpose goes against the Navajo Nation Council."

Delegate Bennie Shelly (Thoreau), who chairs the Budget and Finance Committee, said on June 30 the personnel lapse fund held $5.5 million. But after other expenditures, the fund now has approximately $2.2 million in it, he said.

Because of the amendments already added to the 2006 budget, the nation would need to come up with $3.6 million to fund it, Shelly said. Using the whole lapse fund to meet the budget without Tom's proposal would still leave the tribe short by $1.4 million, he said.

Responding to concerns that Tom's plan would violate the 2002 legislation setting up the fund, legislative advisor Frank Seanez said the language in Tom's amendment would waive the 2002 resolution.

"There would be no inconsistency," Seanez said. "It would, however, definitely have an impact on pay plans in the future."

"I see this amendment simply as robbing Peter to pay Paul," Bates said. "It would only be creating future expense."

Chapter officials work hard and deserve the stipends, Benally insisted.

"Yesterday we all heard about unfair considerations, when some managers gave themselves bonuses," Benally. Too often, she said, pay is based on favoritism and not merit. "Chapter officials work hard, they deserve this request."

"Chapter officials are deserving, but that's beside the point," said delegate Omer Begay (Cornfields/Greasewood Springs/Klagetoh/Wide Ruins). "Committees tend to protect their little pot. It deviates and discombobulates the whole system."

Delegate Leo R. Begay (Chinle) said his concern was that there isn't enough money to approve Young Jeff Tom's request.

"Let's just vote it down," said delegate Lorenzo Bedonie (Hardrock/Pinon).

After more wrangling, Tom's motion was reduced to slightly more than $500,000.

Delegate Willie Tracey Jr. (Ganado/Kinlichee) moved for a $99,673.13 grant to pay for 10 employees for the Ganado Unified School Little Stinger Day Care. Without the funding, the day care which serves 40 children from six-weeks-old to age 5 would be forced to close, Tracey said.

The money would come from the personnel lapse fund, Tracey said.

"We should congratulate our colleague for thinking of this," said delegate Ervin M. Keeswood Sr. (Hogback). "However, there is a problem. Education is important, but using this route is not necessary."

"It sets a bad precedent to use the budget to fund grants," Omer Begay said.

Delegate Jerry Bodie (Sanostee) wondered why council was just hearing about this need now. He said neither the education, human services nor finance committees have heard anything about this prior to this session.

"It is very unethical, if you will, to bring this to the council now," Bodie said. "With all the amendments we are making, my green light is getting dimmer. Pretty soon, I will not be able to see my green light."

Tracey's proposal failed 22-54.

"I think we've taken care of our budget, let's vote," Keeswood said. But his motion to cease debate led to another debate.

Keeswood was allowed to use his reserved time to speak, and she wanted the same courtesy, demanded Benally.

He had always considered Keeswood a master at legislative rules, said delegate Harold Wauneka (Fort Defiance), but he noted the Hogback delegate might have been out of order to call for a cease debate vote.

"Delegates can't ask to cease debate when they are using time given to them by another member," Wauneka said.

Speaker Lawrence T. Morgan (Iyanbito/Pinedale) called for a vote on the cease debate motion. Debate came to an end by a 63-15 margin.

A 65-16 tally passed the 2006 budget.

But Katherine Benally wanted to challenge the vote.

"We waived a law when Young Jeff Tom made his amendment, so a simply majority isn't enough," Benally said.

"There's no merit to the challenge," Keeswood responded.

The challenge was irrelevant, Morgan ruled, since the vote received more than the two-thirds that Benally called for anyway.

(John Christian Hopkins can be reached at 1-505-371-5443, or by email at kingauthor24@frontiernet.net.)