Hearing Monday on president’s initiative petitions

Copyright © 2008
Gallup Independent
By Kathy Helms
Diné Bureau

WINDOW ROCK — The Navajo Nation Office of the President/Vice President and the Election Administration are headed back to the Office of Hearings and Appeals Monday over petitions to reduce the Navajo Nation Council and give the president line-item veto authority.

“We’re asking for the hearing. We asked for it because when the Election Administration declared our petition signature amount insufficient, our legal counsel said, ‘OK, we’d like to review the petitions and find out what you found insufficient.’ They said, ‘You can’t do that,’” said George Hardeen, presidential spokesman.

Hardeen said the job of the Election Administration was to determine whether the petition signatures were sufficient, but since the program won’t allow independent verification of its work, “there’s a fairness issue.”

“Our hearing is against the Election Administration for the simple fact that they declined to allow us to review our petitions once they determined the petition signatures were insufficient. That’s a fundamental breach of due process. Why do they have such rules and regulations if you can’t independently verify them so that then we could bring a case and say, ‘No, our count is different,’ and then move forward with whatever objections we may have, if you can’t even get to first base?”

Council heard a report Tuesday from Attorney General Louis Denetsosie regarding his assignment of an attorney to represent the Election Administration at the hearing.

Denetsosie said the Election Administration made a decision shortly after the General Election and decided that the president’s two initiative decisions had failed.

“They had collected over 19,000 signatures on one and about 17,500 on the other. After taking into account persons who were not registered with the Election Administration and those who had signed twice, those failed to receive the 15 percent required to place the initiatives on the ballot.

“The president’s office felt that they were not allowed to look at the petitions. They filed a protest on that but they also filed a fundamental law issue, saying that the 15 percent was not reasonable, that Fundamental Law requires different numbers.”

Denetsosie said his office can’t represent the Election Administration because of a conflict off interest and hired a Navajo attorney by the name of Samson Martinez to represent the administration.

“There is precedence on hiring attorneys. In 1989 the Navajo Nation Council indicated that all members of the Navajo Nation Bar are qualified to handle any case that comes before the Navajo Nation agencies and courts.”

Council favored using attorney Steve Boos, who has represented them in previous hearings, and took issue with Denetsosie’s choice.

“You’re just setting us up to lose,” Delegate Tom LaPahe said.

Kee Allen Begay told Council that the president should be working on the overall issues affecting the Navajo Nation such as health care, education, public safety, water rights, and land issues. “Why doesn’t he give 110 percent in that effort for our Navajo people? To me this is nothing more than a personal agenda for the president of the Navajo Nation and particularly his staff.”

Leonard Tsosie chastised Council for not having faith in Martinez and their own kind. “We spent scholarship money on him, he’s come back, he’s being involved, and we’re saying we have more confidence in a white lawyer.

This is very amazing and it borders on hypocrisy.” He said he believed the attorney general had selected an attorney in their best interest.

Leonard Chee questioned whether the track record of Martinez had been researched. “I have observed the work of this particular law firm that’s being discussed here with one of the schools and I felt that the school was not adequately represented. I really question the track record of this selection. I believe this Council deserves the best legal representation that’s out there.”

He also questioned the president’s priorities. “Our people are unemployed, are kids are asking for money just to survive. That could be a priority — to get jobs for them. If this was a strong outcry from our public for a reduction of council the signatures would have been upward of 30,000 to 40,000. Even if it goes to election, I think it won’t pass anyway. So why is he spending money and our time to determine something that we already know?”

Denetsosie told Council he believed Martinez would do an adequate job of representing the Election Administration, however, he added, “I have heard all of you say that we would like the counsel of our choice. I do agree with Councilman Tsosie, the comments that he made. But because you have so clearly stated a preference, I will go ahead and allow the Council to have the attorney of their choice in this case.”