DELEGATE RUSSELL BEGAYE
Wen read this I understand arbitration moving to Az and NM. These guys don’t trust our court and why wanting us to move out of Navajo courts into Az and NM. And if doing business in Vietnam and Thailand, they wud respect their courts so we are not being respected.
I believe we are waiving our sovereign immunity and you can run behind Ramah case but you are putting our sovereign immunity at risk.
AMENDMENT – REQUIRE THAT THIS LEGISLATION REQUIRE 2/3 VOTE
DELEGATE BENALLY SECONDS

DELEGATE LEONARD TSOSIE
It is prerogative of Council to decide how legislation passed.
I read sovereign immunity act as relates to arbitration. this is important issue and shud require 2/3 vote.
Don’t know how council feels and there are negotiation matters and presenter asked for executive session but leave up to Speaker. I don’t like chasing pple but if cud give full information to make informed decision.
And because of time, I’m being forced to make a decision. I asked NTEC if dealt with Zurick and they said they didn’t. I asked for bio sheet. Who is Zurick? Today that information unavailable. I think wen ask these questions, no matter how superficial or nonsensical, that it wud be respected and get memo from Attorney General about my questions with answers. But we have never received. So how do u expect me to vote yes when you don’t answer questions. my rule is, when in doubt vote no so status quo preserved and re-visit. Doubt is from not answering qustions or providing documents. Not my fault but your’s. And then memo to count delegates out at the last minute.
There are serious concerns about sovereign immunity and waiver of sovereign immunity.

DELEGATE KATHERINE BENALLY
question of privilege: Controller Grant and Assistant and NDOJ all advised that Bond financing required 2/3 vote.

DELEGATE DANNY SIMPSON
You stated, motioning party stated that he wasn’t sure if motion in order. You shud have asked legislative counsel if proper. We will be setting precedence. Ask legislative counsel if motion propoer.

DELEGATE BENALLY
I believe in order cuz from beginning I questioned Attorney General’s memo that this legislation doesn’t need 2/3 vote cuz no waiver of sovereign immunity.

ACTING CHIEF LEGISLATIVE COUNSEL MARIAN KAHN
The rules of Council doesn’t say can do that but Speaker has authority to sit in leadership role and decisions come from Speaker and points of order under Speaker. So motion wud be out of order. Speaker shud keep order.

DELEGATE ROSCOE SMITH
POINT OF ORDER: you have motion and second on floor that is in question so we have to deal with motion before any other item comes to floor. that is my point of order. Call out of order or in order.

SPEAKER NAIZE
when legislation drafted, it required 2/3 vote cuz asked for waiver of sovereign immunity and that made clear to me. so when this legislation reviewed and came to Naabi, I received memo from NDOJ to go with simple majority and based on that, Council shud decide if use simple majority or super majority. Since conflicting information provided to me, I have to rely on Council to decide if simple or super majority.

DELEGATE MEL BEGAY
POINT OF ORDER We are to get advice from legal counsel and advice given to u that motion on floor out of order and not go further and debate or have other departments come to table so I object for Controller to come to table and get tangled up in this debate.

SPEAKER NAIZE
Problem is that I’ve been given conflicting advice.

DELEGATE BENALLY
This legislation talks about money, getting it or not getting it and all issues regarding finances and our financial expert is Controller Grant so whyu shudn’t we hear from him.

DELEGATE TSOSIE
POINT OF ORDER The legislative counsel is not supreme. The attorney general is not supreme. so they give us advice but that’s all they do. we’ll consider their advice but it’s up to council who is supreme in this case. but the speaker is our guide. and as I hear him he determined that this requires 2/3 vote and u shud have told Attorney General his memo is late and so his memo is denied and rejected. He is not supreme. He also has conflict regarding energy matters and he shud not issue opinions. why I give very little credence to his advice. and I think u shud maintain position that this requires 2/3 vote so amendment not needed. Delegate Russell Begaye made cuz we see u waivering. This deal with high amount of money and this will be taken to state court.

DELEGATE RUSSELL BEGAYE
motion is based on sovereign immunity act. look at addendum 2, waiving sovereign immunity, statutory law and that requires 2/3 vote. Look at addendum 2, read it. #3 is waiving NTEC’s sovereign immunity.

SPEAKER NAIZE
I wish that legislative counsel and DOJ had one answer. We ned clear advice. I’m put in position that I don’t like so asking Council to vote on whether simple or super majority. Russell’s is for super majority.

DELEGATE BENALLY
I believe Controller Grant has some answers cuz not just legal issue but money issue.

DELEGATE MEL BEGAY
POINT OF ORDER We are setting precedent that if Council wants 2/3 vote then they can vote on that. Not about money but how vote. We ned to focus on how do business. WE are opening different ways of doing businesses by raising volumn of votes.

DELEGATE RUSSELL BEGAYE
I agree, but we are lowering. Prior it was 2/3 vote then we get memo that lowers vote.

CONTROLLER GRANT
I believe question is for Controller give opinion on super or simple majority. First say I can’t give legal advice. I have recommendation to resolve. We have provide revenue projections and that assumes that everything we receive is true. We have not had time to analyze full impact of decrease in revenues. WE have not met with minerals, tax commission over decrease. These are claims by NTEC. I didn’t know until Friday afternoon and Bates asked for revenue projections and didn’t come from NTEC but second hand information.
Council asking if simple or majority. I suggest since it appears that Council not happy with Attorney General or Legislative Counsel, the Council can vote on simple or super majority.
To me simple issue otherwise risk of prolonging debate and end result will be same.

DELEGATE WITHERSPOON
Motion is cease debate and vote on motion.
Second by Leonard Pete
VOTE ON CEASE DEBATE AT 5:37 P.M.

DELEGATE PHELPS
wat are we doing?

SPEAKER NAIZE
vote is on Delegate Russell Begaye’s amendment regarding super or simple majority vote to approve Legislation 0367-13.

DELEGATE MEL BEGAY
POINT OF ORDER Any time make amendment, it’s related to legislation and insert language. So where does language go?

VOTE IS 11 IN FAVOR, 5 OPPOSE AT 5:41 PM ON MOTION TO VOTE ON DELEGATE RUSSELL BEGAYE’S MOTION FOR COUNCIL TO APPROVE LEGISLATION 0367-13 WITH SUPER MAJORITY.

NOW COUNCIL VOTING ON DELEGATE RUSSELL BEGAYE’S AMENDMENT FOR SUPER MAJORITY VOTE AT 5:42 PM
VOTE IS 1