Confusion reigns as Council tries to pass legislation twice

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — If at first you don’t succeed, try and try again.

That seemed to be the Council’s motto Thursday as it once again failed to pass legislation that would open the door to up to $125 million in loans from Key Bank.

After a lengthy debate Wednesday, Council fell five votes short of the two-thirds majority needed to pass the legislation, which was sponsored by Speaker Lawrence T. Morgan.

But Delegate Ervin M. Keeswood Sr. moved to recall the bill. Speaker Pro Tem LoRenzo Bates was prepared to go directly to a vote, when Delegate Leonard Tsosie objected.

“Where does it say we go straight to a vote?” Tsosie asked. He wanted more debate on the issue.

It has been Council’s past practice to go straight to a vote on recalled items where a cease debate motion had been approved, Bates said.

Acting Chief Legislative Counsel Frank Seanez said that while nothing in the Council’s rules specifically spells out that such a recalled item goes right to a vote, it has been the Council’s past practice.

“We have developed some questionable practices,” Tsosie said. He wanted to challenge Bates’ ruling to go straight to a vote.

All the discussion and debate on the legislation took place Wednesday, Keeswood said. The only thing left to do now was to revote on it, he added.

“Mr. Keeswood is definitely right,” Delegate Omer Begay Sr. agreed.

A cease debate motion was passed by Council, so the debate is ended, Delegate Young Jeff Tom asserted.

“We don’t know if we ceased debate or not, I think that’s the issue,” Begay said.

After checking the minutes from Wednesday’s session, it was found that a cease debate motion had been passed by a 53-11 vote. Twenty-four delegates did not vote.

Raising a question of privilege, Delegate Samson Begay wondered if approving this loan legislation would be usurping the president’s signatory power.

However, Bates pointed out that a question of privilege pertains to a request for documents, so Samson Begay’s question was out of order.
For the second day in a row, the legislation fell five votes shy of passage.

Another issue that reappeared before Council Thursday was the question of whether or not there was money available in the Unreserved, Undesignated Fund.

The issue came up during legislation sponsored by Delegate Phil Harrison to provide $5.7 million from the UUF for Red Valley/Cove High School. The money would go toward building a gymnasium and technology center for the new school, that first opened in August, Harrison explained.

Former Delegates Wallace Charley and Jason Begay, current Red Valley Chapter president, also urged passage of the bill.

“These kids went through a lot of hardship because of uranium,” Charley said. “Some of them lost a father, or an uncle or a nali.”

“It’s an investment in our future,” Delegate David Tom said.

While he supported the idea, what could the Council do when there’s no money in the UUF, Delegate Lorenzo Curley asked?

The Council always sets aside 10 percent of its revenue in a special minimum fund, Keeswood said. He estimated that to be at $12.7 million.

In addition, there is $540,000 still available from money set aside for reimbursable projects, Keeswood said.

Memos from Controller Mark Grant and Office of Management and Budget Director Domenic Beyal both reflect a zero balance in the UUF, Morgan noted.

Delegate Larry Noble recommended adding language to the bill that would have it take effect once more money is in the UUF.

“I feel we can proceed with this legislation,” Delegate George Arthur said. There is already language in the bill to waive applicable laws, he said. “We’ve done this before; I’m not advising it, or saying it is wise, but we have done this before.”

“This is a dangerous precedence, if we do this,” Tsosie said. “We’re going to start handing out IOUs.”

Delegate Leslie Dele then asked for an amendment, seeking $279,000 for the grazing management program.

After that was ruled out of order, he motioned for an amendment requesting $102,000 for the Office of Legislative Services. That passed, 39-31.

Young Tom then offered several amendments, seeking funds for items that included among others, the all-Indian rodeo, Churchrock powerline extension, public safety and Division of Health’s Agency on Aging.

Adding Tom’s amendments to the original $5.7 million main motion brought the total request to $7.8 million.

“It seems like the amount is ballooning up into space, while our money is back here on earth!” Omer Begay said.

“I’m really confused by what we’re doing here,” delegate Nelson Begaye said. Council can’t touch the minimum balance fund without waiving at least two laws, he added.

“We haven’t even done that and already we have the shopping cart out.”

In the end the $5.7 million for Red Valley/Cove school and the additional amendments all went down to defeat, 32-43.

John Christian Hopkins can be reached at Hopkins1960@hotmail.com