Shirley vetoes Appropriations Act changes
Says amendments would reduce Diné president's power

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — Navajo Nation President Joe Shirley Jr. vetoed amendments to the Appropriations Act that would have sliced more than $5.1 million from the executive branch's budget.

In his Feb. 13 veto message to Navajo Nation Council Speaker Lawrence T. Morgan, the president said the legislation would have negatively affected the 110 chapters, senior citizens, police services, education and other executive branch functions.

The legislation would also serve to reduce the power of the presidency by eliminating veto or signatory authority over budget legislation, Shirley said.

"The Council voted in favor of this legislation with the ultimate purpose of streamlining the budget and appropriations purpose. The message of Council is simple it wants the programs of the Navajo Nation to run in the most efficient manner," Morgan said Tuesday. "With the upcoming reduction in revenue that the nation is expecting, it only makes sense to ensure that the nation's money is being used in the most efficient manner possible through performance-based budgeting and cost control measures."

Shirley said he vetoed CJA-06-06 - amendments to the Navajo Appropriations Act of 2005 - because it lacked data to support its need, was arbitrary and unjustified.

"Although I agree that clarifying and streamlining the budget and appropriations processes within the Navajo Nation is essential for effective governmental operations," the president wrote, "I disagree with several floor amendments that will have a major impact on the executive branch and possibly on the authority of the Office of the President."

The legislation would have established branch allocations at 78 percent for the executive branch, 14 percent for legislative, and eight percent for the judicial branch. Those amounts would have then been reviewed for possible amendments by the Budget and Finance Committee with approval of all standing committees of the Navajo Nation Council every two years.

Members of the B & F Committee applauded Shirley's veto.

"Good," said member Lorenzo Bedonie.

"I'm glad he did it," agreed committee member Jerry Bodie.

B & F Chairman Bennie Shelly and Vice Chairman Harold Wauneka had publicly urged the president to veto the legislation after delegates padded the bill with more than $7 million worth of added amendments.

The legislation contained no rational justification for those planning base amounts for the three branches, Shirley said.

"According to the Office of Management and Budget, this amendment will decrease the executive branch allocation by 4.3 percent, increase the legislative branch allocation by 3.01 percent and increase the judicial branch allocation by 1.28 percent," he said. "Without reliable information that supports the rationale, need and purpose for statutorily establishing branch allocations at the percentage set forth in Section 830, this amendment is arbitrary and lacks justification."

The president said the legislation was "inconsistent with Title 2 and the power of the Navajo Nation President to sign into law or veto legislation."

The amendment to Section 830 would have empowered B & F and the standing committees to approve amendments to the established branch allocations. Based upon its language, future amendments could have been approved without council action and executive review and approval. Consequently, the amendment would have diminished the power of the President to sign into law or veto future amendments to this specific section.

Purportedly, council delegate Omer Begay is trying to marshal forces for a council override of the president's veto.

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