Delegates fight for unreserved fund money

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — Like famished sharks circling a tasty sea lion, Navajo Nation Council delegates jockeyed for position Friday to be first to rip the last morsels from the skeletal remains of the once-plump Undesignated, Unreserved Fund.

The special session contained only two items legislation to give the Department of Justice $1.5 million in supplemental funding for ongoing litigation and to amend election codes regarding the Navajo Nation Board of Education.

The first item the DOJ bill sponsored by LoRenzo C. Bates consumed nearly two hours as disgruntled delegates added amendments to the amendment, challenged floor rulings by Speaker Lawrence T. Morgan, repeatedly called for points of order and several times questioned whether a quorum was present.

It all began calmly enough, as Bates asked council to support giving DOJ $1.5 million from the unreserved funds for its fixed litigation account. DOJ has 44 cases ongoing and it's litigation budget is nearly depleted mostly due to the Peabody case Bates said.

Because DOJ court cases are at the forefront of protecting the tribe's sovereignty, this money was essential, Bates said. Delegate Willie Tracey offered the first amendment, seeking $900,000 for Navajo Housing Services.

He wanted each agency to have money to help with burn out relief three units per agency at $60,000 per unit. Delegates Katherine Benally ($30,000) and Young Jeff Tom ($65,000) then added amendments to Bates' original amendment. But delegate Omer Begay questioned the legality of adding amendments on top of an existing amendment.

"I believe amendment to amendment is out of order," Begay said.

Morgan ruled he would allow it. But when delegate Larry Anderson started to add another amendment, the speaker stopped him as groans rose from the floor.

The speaker sought a legal opinion from chief legislative counsel Raymond C. Etcitty.

"Adding an amendment to an amendment does exist," Etcitty said.

However, it was last done about two years ago, he added. "While it is legal, it makes it quite confusing."

"The delegates are very disturbed by what was said," said Lorenzo Curley. "Why have rules, if we waive them all the time? Let's vote on amendments as they come to the floor."

Etcitty said that under council rule 16 an amendment could be added to an existing amendment when considering budget legislation.

By that reasoning, delegate Duane Tsinigine noted, they could open up the whole 2006 budget again.

He urged council to discuss one amendment at a time.

"Seems like council is not satisfied with amendment to amendment, so we might as well refrain from doing that," Morgan decided.

"We can't vote on all amendments collectively, like chapter style," said delegate Willie Grayeyes top a round of laughter.

Tracey amended his amendment to go back to the original amendment to just consider the $900,000 for housing help. It passed 38-21. The vote on Tracey's amendment showed that exactly 59 delegates were present. This was important because Bates' bill to give DOJ money would need a 2/3rd vote 59 delegates.

Morgan then recognized Benally, only to be reminded by Tracey that he had reserved the remainder of his time and therefore still had the floor. Tracey next asked for $106,000 to settle a disputed Community Development Block Grant from HUD.

This measure was voted down, 29-30. It would be the last vote of the day displaying 59 delegates in the chambers. For more than an hour delegates would thrust and parry over additional amendments, even as the number of delegates in the chambers dwindled.

More confusion erupted as to the order of speakers.

Morgan recognized Benally to the dismay of other delegates, who argued that she would have to go back to the bottom of the list to speak because Morgan had already acknowledged other speakers ahead of her.

At one point, Morgan recognized Benally, but when delegates groused aloud, changed it to Peterson B. Yazzie. Delegates were split on who should have the floor next.

"It seems you're discombobulated today," Omer Begay told the speaker. Morgan ordered a vote, telling delegates to vote red if they wanted Yazzie to have the floor, green for Benally.

Twenty-nine delegates voted red, and 23 green.

Morgan then recognized Benally.

"This is a prime case of yes means no and no means yes, Mr. Speaker," delegate Ervin Keeswood said.

"You misguided the council, you told us to vote red if we wanted Mr. Peterson. In any case, council voted against your recognition of Ms. Benally." Questions of whether the council had a quorum arose.

"We have a quorum," Morgan said. "Except that (Bates' legislation) requires a 2/3rds." Peterson Yazzie's first amendment for $65,000 passed, but a second request for $159,000 for a new database system for the election administration deadlocked at 24 votes, leaving the speaker to break the tie.

"It's a tie," one delegate called out to the speaker. "Who do you vote? Do you want to run again?"

Morgan voted nay. Yazzie then gave his remaining time to LaVern Wagner who sought money for a sub-community in the Whitehorse Lake Chapter.

But Etcitty ruled it was illegal to do so.

"Who would be responsible? Who would the Navajo nation make the check out to?" Etcitty asked.

Wagner asked to make the controller responsible for the funds, but Etcitty said that was not part of his duties. Nearly two hours after the special session began, delegate Charles Damon suggested the legislation be tabled because there were not enough delegates present to pass the bill anyhow.

"It's kind of ironic we worked this way today, we must have all gotten up on the wrong side of the bed," Omer Begay quipped.

The election bill, sponsored by Wallace Charley, passed though delegates amended it to allow candidates to be age 25, instead of 30 as Charley had wanted.

— (John Christian Hopkins can be reached at 1-505-371-5443, or by email at Hopkins1960@hotmail.com.)