Greetings Relatives/Frens/Humans,
I hope everyone had a safe & wonderful weekend. And I hope we continue to All be safe, which I hope is the Reason for the 25th Navajo Nation Council Law & Order Committee to address “the matter of incident happening at the Chapter Houses relating to unsafe environment at the Chapter Meetings and other meetings” during Monday’s regular meeting 4.29.24.
And I hope that the Reason is not a continuation of the Navajo Nation Council’s attempts to Control the Right of we, the Dine’, to Know what our Navajo Govt/Public Servants are doing in our Name with our Beeso/Money, in our Female Hogan/Navajo Council chambers, with our Homeland, with our Water, and with our Navajo govt employees, especially Navajo police.
On Thursday, 4.25.24, Speaker Crystalyne Curley and her political appointee, Chief of Staff Manuel Rico, introduced her Legislation 0086-24, which she said was supported by Navajo Nation President Buu Nygren, Vice President Rochelle Montoya and Chief Justice JoAnn Jayne. I attached 0086-24.
Remember Curley also dropped legislation 0012-24 for the creation of a Navajo Nation Media Policy, which was basically Censorship! With the support of everyone who tune into and visit the Facebook pages of Lene Bitsuie and myself, Curley withdrew her CENSOR THE MEDIA POLICY. I’ve attached 0012-24.
Curley’s Legislation 0086-24 seeks Naabik’iyati Committee approval for the approval of the first Navajo Nation Legislative Branch Protection Services in the Office of the Speaker. The LPS would consist of commissioned police officers.
Curley also informed the Naabik’iyati Committee that Nygren, Montoya and Janye supported the LSP during their Branch chiefs meeting to negotiation the amount of the annual 2024 budget that would be distributed the three branches. She said the budget for the first LPS/Legislative Protection Services, has been sitting in the Office of the Speaker budget.
Curley noted that she contracted with Dine’ Protection Services to provide protection services for the Navajo Council and its standing committees during their meetings.
On March 21, 2024, my story about the “Ethics director denies conflict of interest in his acceptance of $102,000 consultant contract with controller’s office” was published by the Navajo Times newspaper. As of 4.28.24, Curley has never responded to the conflict of interest allegation against interim Navajo Nation Ethics and Rules Director Lewnell Harrison, who serves at the pleasure of the speaker. Harrison is on the Law & Order Committee agenda for 4.29.24
Ethics director denies conflict of interest in his acceptance of $102,000 consultant contract with controller’s office
By Marley Shebala
Special to the Times
WINDOW ROCK – Interim Navajo Nation Ethics and Rules Director Lewnell Harrison on March 12 said that it was not a conflict of interest for him to receive and personally benefit from a $102,001.68 contract with the controller’s office.
Harrison’s security guard business, Dine’ Protection Agency of Yatahey, New Mexico, received the $102,001.68 American Rescue Plan Act/ARPA contract with the controller’s office for consultant work from Jan. 1, 2022, to Dec. 31, 2022.
Harrison signed the contract on July 13, 2022, and former President Jonathan Nez signed it on Aug. 19, 2022, even though the contract services were from Jan. 1, 2022, to Dec.31, 2022.
According to the Navajo Nation Ethics and Rules Office website, the primary purpose of the ethics law is to address conflicts. The “conflicts of interest” law mandates, “No public official or employee shall use, or attempt to use, any official or apparent authority of their office or duties which places, or could reasonably be perceived as placing, their private economic gain or that of any special business interests with which they are associated, before those of the general public, whose paramount interests their office or employment is intended to service.”
The 2022 contract stated more than $102,000 for the Dine’ Protection Agency to provide “consultant” services for Interim Controller Elizabeth Begay, who was unavailable for comment because she is no longer the interim controller. President Buu Nygren replaced her with Sean McCabe on April 19, 2023. I posted my entire news story about “Ethics director denies conflict of interest in his acceptance of $102,000 consultant contract with controller’s office” in this blog post.
Curley, in her introduction of 0086-24 to the Naabik’iyati Committee on 4.25.24, said she’s received “several requests” from Navajo Council Delegates for protection services for the Navajo Council’s annual horse ride, for the Navajo Council’s various walks and events, and when Navajo Council Delegates attend chapter meetings.
Curley said Navajo Nation Chief of Police Daryl Noon recommended that the Legislative Protection Services hire commissioned police officers because of issues regarding payroll and employee benefits and training.
She said that when the Navajo Council travels to state legislatures and Washington, D.C., we always see security measures, such as metal detectors and other advance security measures for all public meeting places. And Curley said there are “huge initiatives” across the country for increased safety, and internal policies.
Curley said that she and her staff are working on draft Legislative Branch internal financial policies, and a Legislative Branch human resources office.
Navajo Council Delegate Shawna Ann Claw reminded Curley and the Naabik’iyati Committee that the Navajo government faces a 2025 budget deficit and so Curley needs to share how much she has spent on protection services and what is the estimated annual budget for the LPS or the Office of the Speaker Legislative Protection Services. What will be their scope of work?
Claw said the Dine’ people will oppose the creation of a new program for the Navajo Council, especially when the Dine’ are asking for homes, running water, electricity, and more police protection for their communities.
She emphasized that amendments to Curley’s 0086-24 are needed to include the protection of Dine’ and other visitors sitting in the Navajo Council gallery. “This is the people’s home,” she said. “In previous Navajo Nation Council sessions, people visiting were attacked from the Council floor. Protection needs to include everyone in the building.”
Curley said her Legislative Protection Services is “to ensure the health, welfare and safety of the Speaker of the Navajo Nation, the Navajo Nation Council, and visiting dignitaries is maintained.”
Navajo Council Delegate Amber Kanazbah Crotty immediately called for the tabling of Curley’s proposed LPS for a work session to talk about the concept and idea of a LPS and to plan the goals of the LPS, and possible options to a LPS.
“And what are the needs of the public to access this (Navajo Council) building?” Crotty asked. “Yesterday, I talked about the amount of crime in our communities. And I’m just not comfortable with language. And to take officers from keeping communities safe. I would not agree to pull officers off the field to bring here. And I opposed what the Office of the President and Vice President were doing with their executive security. I see officers out there on patrol and there is only one or two for a whole service area.”
Naabik’iyati Committee Chairman Pro Tem Carl Slater reminds the Naabik’iyati Committee that there is no debate on a tabling motion at the Naabik’iyati Committee.
The Naabik’iyati Committee votes 11 in favor and 3 opposed to table Speaker Curley’s legislation 0086-24 for a work session in 30 days. Legislation 0086-24 only requires a majority vote by the Naabik’iyati Committee.
Law and Order Committee Chairwoman Eugenia Charles Newton was among the three Navajo Council Delegates who voted to oppose the tabling of 0086-24 and a work session.
Charles-Newton is also notorious for criticizing chapters and opposing the Navajo Council’s funding of chapters.
Plus, I don’t why she’s questioning whether chapters are unsafe when she is making Chinle Chapter unsafe by creating more division at the Chinle Chapter by putting herself as the Navajo Council Delegate for Chinle Chapter. Charles-Newton told Chinle Chapter President Rosanna Jumbo-Fitch that she could help her with Chinle’s ARPA projects. And so Jumbo-Fitch has been leaving Chinle’s Navajo Council Delegate Shawna Ann Claw out of ARPA meetings. I attended a Chinle Chapter meeting and after the meeting, chapter members thanked me for being there because Jumbo-Fitch usually yells at them and calls them out of order. And so I will be returning to Chinle to Live-Stream their chapter meetings.
And Charles-Newton is the Navajo Council Delegate for Shiprock, NM, Chapter but Charles-Newton does not attend her chapter’s meetings. When the crude oil spill by Navajo Oil & Gas’s Running Horse Pipeline happened in Shiprock, Charles-Newton was no where to be found. When she showed up at a Navajo Council Resources & Development Committee meeting at the Shiprock, NM, Chapter, she tried to shut down my Live-Stream of the RDC meeting regarding the crude oil spill by Navajo Oil & Gas Company’s Running Horse. Charles-Newton told me she didn’t invite me to her chapter. I told her that her community people invited me and I didn’t need an invitation from her.
The Dine’ People have a RIGHT to KNOW what their Navajo Govt is doing in our NAME with their Beeso/Money in OUR BUILDINGS!!!!
Ahee’hee for Keeping an Eye on the Navajo Govt!
AGENDA OF THE LAW AND ORDER COMMITTEE OF THE 25TH NAVAJO NATION COUNCIL SPECIAL MEETING, April 29, 2024, 10 A.M.
Presiding: Honorable Eugenia Charles-Newton, Chairperson; Honorable Cherilyn Yazzie, Vice Chairperson
LOCATION: Law and Order Committee Conference Room, Window Rock, Arizona
Via Telecommunication:
Call-in number: (669) 900-6833
Meeting ID: 562-628-2566/Passcode: 86515
[ ] Honorable Steven R. Arviso [ ] Honorable Nathan Notah [ ] Honorable Herman M. Daniels [ ] Honorable Cherilyn Yazzie [ ] Honorable Eugenia Charles-Newton
- Call Meeting to Order, Roll Call and Invocation
- Recognize Guest and Visiting Officials
- Review and Adopt the Agenda:
(M) (S) (V)
Yea: Nay: NV: Absent: - Review and Adopt the Journal(s): None
(M) (S) (V)
Yea: Nay: NV: Absent: - Receiving Reports:
a. Report from Daryl Noon, Police Chief, Navajo Police Department on the matter of incident happening at the Chapter Houses relating to unsafe environment at the Chapter Meetings and other meetings.
(M) (S) (V)
Yea: Nay: NV: Absent:
b. Report from Vernon Jackson, Jr., Chief Prosecutor, Office of Chief Prosecutor; Ethel Branch, Attorney General, Navajo Nation Department of Justice, on what are the laws governing on these contacts and how can the chapter protect themselves during the Chapter Meetings.
(M) (S) (V)
Yea: Nay: NV: Absent:
c. Report from Lewnell Harrison, Interim Director, Office of Ethics and Rules Office regarding what are the laws governing these contacts and how can the chapter protect themselves during Chapter Meetings.
(M) (S) (V)
Yea: Nay: NV: Absent: - Old Business: None
- New Business:
a. Discussion/Approve: Travel to Cameron Chapter House, Cameron, Arizona
Date: ____ Time: __
(M) (S) (V)
Yea: Nay: NV: Absent: - Close of Meeting, Announcements and Adjournment
(M) (S) (V)
Yea: Nay: NV: Absent:
NEXT REGULAR/SPECIAL MEETINGS/WORK SESSION/LEADERSHIP MEETINGS:
April 29, 2024 @ 10:00 a.m., LOC Conference Room, Window Rock, Arizona
May 13, 2024 @ 10:00 a.m., LOC Conference Room, Window Rock, Arizona
May 20, 2024 @ 10:00 a.m., LOC Conference Room, Window Rock, Arizona
May 27, 2024 @ 10:00 a.m., LOC Conference Room, Window Rock, Arizona Memorial Day – Holiday
June 10, 2024 @ 10:00 a.m., LOC Conference Room, Window Rock, Arizona
June 17, 2024 @ 10:00 a.m., LOC Conference Room, Window Rock, Arizona
June 24, 2024 @ 10:00 a.m., LOC Conference Room, Window Rock, Arizona
Ethics director denies conflict of interest in his acceptance of $102,000 consultant contract with controller’s office
By Navajo Times | Mar 21, 2024 | News |
By Marley Shebala
Special to the Times
WINDOW ROCK – Interim Navajo Nation Ethics and Rules Director Lewnell Harrison on March 12 said that it was not a conflict of interest for him to receive and personally benefit from a $102,001.68 contract with the controller’s office.
Harrison’s security guard business, Dine’ Protection Agency of Yatahey, New Mexico, received the $102,001.68 American Rescue Plan Act/ARPA contract with the controller’s office for consultant work from Jan. 1, 2022, to Dec. 31, 2022.
Harrison signed the contract on July 13, 2022, and former President Jonathan Nez signed it on Aug. 19, 2022, even though the contract services were from Jan. 1, 2022, to Dec.31, 2022.
According to the Navajo Nation Ethics and Rules Office website, the primary purpose of the ethics law is to address conflicts. The “conflicts of interest” law mandates, “No public official or employee shall use, or attempt to use, any official or apparent authority of their office or duties which places, or could reasonably be perceived as placing, their private economic gain or that of any special business interests with which they are associated, before those of the general public, whose paramount interests their office or employment is intended to service.”
The 2022 contract stated more than $102,000 for the Dine’ Protection Agency to provide “consultant” services for Interim Controller Elizabeth Begay, who was unavailable for comment because she is no longer the interim controller. President Buu Nygren replaced her with Sean McCabe on April 19, 2023.
Controller’s office
This reporter contacted McCabe through a written request for a list of contracts awarded to Dine’ Protection Agency and copies of the contracts on March 12. The controller’s accounting manager, Robert Willie, assured this reporter that he would email the written request to McCabe.
But by Tuesday, McCabe had yet to respond. As he left a budget meeting, this reporter caught up and asked him about the DPA contracts. McCabe said he had “no problem” releasing information about DPA’s contracts, but the Navajo Department of Justice informed him that the request for the contracts should go to NDOJ. The Navajo DOJ instructed this reporter to submit a written request on Tuesday.
According to the auditor general’s office, the controller’s office is the Navajo government entity that could provide a list of Navajo government contracts awarded to Dine’ Protection Agency.
The controller’s office initially denied the list request after staff contacted Harrison for permission to release information regarding DPA, and Harrison said no. This reporter requested the controller’s office policy that allowed contractors to decide if their Navajo government contracts were public documents. A copy of those policies was not provided by publication time Wednesday.
As this reporter waited in the controller’s office for documents, a Dine’ Protection Agency security guard was seen sitting behind the lobby desk, greeting individuals entering the lobby and asking if they needed assistance on March 12.
DPA at Council
This reporter repeatedly asked Harrison why the more than $102,000 ARPA contract for DPA to be consultants for the controller’s office was not a conflict of interest. Harrison was leaving an ethics hearing at the hearings and appeals office when Harrison was questioned March 12.
The OHA conducts hearings on ethics complaints. As interim ethics director, Harrison files with OHA after the ethics office investigates and finds sufficient evidence or probable cause to file an ethics complaint.
Harrison was an investigator for the ethics office before he was appointed interim ethics office director on Oct. 15, 2021. That’s according to former Speaker Seth Damon’s 2022 winter session report to the Navajo Council.
This reporter contacted Speaker Crystalyne Curley’s office for information regarding Harrison’s appointment and for a list of contracts that the legislative branch has or had with Dine’ Protection Agency. Curley did not provide an answer by Wednesday’s publication.
During several 2023 and 2024 Navajo Council meetings and sessions, DPA security guards were stationed at the east entrance of the Council Chamber.
Filing against ethics director
This reporter asked Navajo Nation Chief Prosecutor Vernon Jackson Jr. on March 12 whether an ethics complaint could be filed against Harrison and the process for filing such a complaint.
Jackson replied in a March 12 email, “Some important considerations related to section 3782 of the Navajo Nation Ethics in Government Law are that the Office of the Prosecutor or Special Prosecutor enforces criminal violations, which are misdemeanors punishable by fines and/or imprisonment, with harsher penalties for subsequent offenses.”
He also stated, “In other matters, a special prosecutor could be appointed consistent with 2 NNC §§ 2021-2024 to file a complaint alleging an ethics violation in connection with an administrative proceeding.”
Navajo Nation Code Title 2, sections 2021 to 2024, is the Navajo Nation Special Prosecutors Act, which provides a process for selecting a special prosecutor.
Special prosecutor law (sub)
According to the special prosecutor law, the Navajo Nation attorney general shall conduct a preliminary investigation based on the special prosecutor law when the attorney general receives information sufficient to constitute grounds to investigate whether any of the persons listed in the special prosecutor law have committed a violation of any federal or state criminal laws, any Navajo Nation laws or regulations, or committed any act upon which the Navajo Nation may file a civil complaint.
The special prosecutor law mandates that the attorney general can take up to 60 days to conduct a preliminary investigation.
Special prosecutors were selected and hired to prosecute and remove Chairman Peter MacDonald Sr., President Albert Hale, and a majority of the former 88-member Navajo Council.
The persons under the particular prosecutor’s jurisdiction are:
- The Navajo Nation president;
- The Navajo Nation vice president;
- Any member of the Office of the President and Vice President executive staff;
- Navajo Council standing committee chairpersons
- The attorney general, in which case the deputy attorney general shall perform the functions of the attorney general based on the special prosecutor law;
- The director or acting director or deputy director of any division, department, program, or executive branch offices and
- Any other official, employee, or agent of the Navajo Nation, where the attorney general determines that investigation or prosecution or civil litigation against such person by the attorney general or other officer or employee of the Department of Justice may result in a personal, financial, or political conflict of interest.
‘Appearance of…’
The Navajo Nation conflict of interest ethics law mandates that “public officials and employees of the Navajo Nation avoid any action, whether or not specifically prohibited by the (ethics law) standards of conduct…which could result in, or create the appearance of:
- Using public office for private gain;
- Giving preferential treatment to any special interest organization or person;
- Impeding governmental efficiency or economy;
- Losing or compromising complete independent or impartiality of action;
- Making a government decision outside official channels or
- Adversely affecting the confidence of the people in the integrity of the government of the Navajo Nation.”
The provisions of the Navajo ethics law also address government contracts, economic interests, incompatible interests, confidential information, participation in decision-making, gifts and loans, use of public property and money, staff misuse, and the employment of relatives.
