Council OKs creation of gaming enterprise

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — The Navajo Nation Council overwhelmingly approved the creation of a Tribal Gaming Enterprise, Tuesday, to oversee future gaming establishments on the Navajo Reservation.

"We are way behind in the gaming arena," said Delegate Lawrence Platero, who sponsored the legislation. Platero chairs the Nation's Economic Development Committee.

Michelle Dotson, an advisor for President Joe Shirley's office, called the enabling legislation "a significant and necessary step" if the Nation is to pursue gaming.

The TGE will include a maximum of nine members, of which five will be Navajos one from each agency. Several of the TGE slots call for special experience, such as being a certified public accountant or having experience in casino management.

That amendment was passed at the request of Delegate Ernest Hubbell. But not all delegates thought including one member from each agency was feasible.

The requirements such as needing a bachelor's degree could limit appointments by the agencies, said Delegate Norman John.

Delegate Hoskie Kee urged keeping the original language specifying the appointment of five Navajo board members without delineation of agency.

"You need to consider the process," Platero said. The council shouldn't just say one from each agency without developing a process of how the positions would come to be filled, he added.

"In order to be fair to the whole Nation, it should have representation from each agency," said Delegate LaVern Wagner.

Having one representative from each agency could serve to pit one agency against another, warned Delegate LoRenzo C. Bates. "We all know how politics are played."

The amendment to allow one seat per agency was passed, 43-29.

Allowing a casino would benefit the Nation economically, as well as bring in much-needed jobs, said Delegate Roy B. Dempsey. In addition to gaming revenue, a casino would spur auxiliary businesses, such as restaurants and hotels, Dempsey said.

"It's a long time coming," agreed Delegate Orlanda Smith-Hodge.

Total compensation for the nine TGE members would come out to $162,000 a year $4,500 per board member per quarter said Wagner. She asked if that kind of money is available.

Attorney Amy Alderson said the money was not currently budgeted.

If there is no money in place to cover the compensation, this legislation should be put on hold, Wagner suggested. She also questioned why the TGE would be allowed to maintain a seperate bank account.

"All the current tribal enterprises have separate accounts," Alderson said. It is also advisable to keep from mingling gaming revenue with other tribal income, she added.

A few of the delegates wanted some of the wording in the legislation to be more precise, but Dotson said the intent is for the document to provide some leeway for the TGE to operate.

"The laws are for us to live by, not to paralyze us," said Delegate Wallace Charley.

The council must also be careful to keep the legislation in compliance with federal laws and state compacts, said Delegate Raymond Maxx.

One change should be to change the phrase "the gaming enterprise" to "a gaming enterprise," said Delegate Ervin M. Keeswood Sr. That would allow for other chapters to create a gaming enterprise board if they wanted, he said.

Keeswood's amendment the 10th and final one approved passed 43-37.

The final vote, needing two-thirds of the council 59 votes for approval, easily passed, 76-3.

The three who voted against the TGE were Wagner, and Delegates Katherine Benally and Larry Anderson Sr.

Anderson said he could foresee chapters squabbling over gaming funds, and thought gaming was the wrong way for the Nation to look for economic development.

The Nation is proposing to build a $2 million temporary facility on Pinta Road.

John Christian Hopkins can be reached at hopkins1960@hotmail.com or by calling 505-371-5443.