Greetings Relatives/Fresn/Humans,,
It is now 10:35 am, 1.31.22, and the Navajo Council Law & Order Committee has a Report on the HIRING of a Navajo Nation SPECIAL PROSECUTOR, which has drawn the Attendance of about 8 attorneys from the Navajo Department of Justice, and Nez&Lizer Chief of Staff Paulsen Chaco.
And Nez&Lizer should take Notice, and so should the Council, and Nez&Lizer Political Appointees, such as Attorney General Doreen McPaul; Chief of Staff Chaco. The last time a SPECIAL PROSEUCUTOR was Hired, the SPECIAL PROSECUTOR prosecuted Navajo Council delegates for Robbing the Council’s Emergency Assistance Fund of more then $30 Million in emergency financial aid for students, elders, veterans, the disabled, etc. The Financial Aid was Earmakred for Those Dine’ In Need!!
It is now 10:53 am, 1.31.22, and the Law & Order Committee voted to Hear Legislation before Reports, which means the LOC will hear the Hiring of a Special Prosecutor after the LOC takes action on Legislation.
It is now 11 am, 1.31.22, and Fort Defiance Council Delegate Wilson Stewart Jr. says that his Legislation 0007-22 is different from the one he asked to be removed from Council winter session agenda. He said that his agents to help him present are DED Tourism Dept director Arbin McCabe and if needed DED director JT Willie.
McCabe says he needs funding to end of year. Tourism industry closed which impacted funding from Navajo Nation Hotel Occupancy Tax, which funds Tourism Dept. We work with chapters. In Az, lost $15.5 million in tourism revenues which is based on DED Tourism Dept’s economic impact visitor survey.
It is now 11:19 am, 1.31.22, and Navajo Nation Division of Economic Development Tourism Dept director Arbin McCabe says that they don’t know how much money is generated from each of the hotels on the Navajo Nation
Last five years assisted chapters. Funding for Navajo Division of Natural Resources parks and recreation for Monument Valley hotel is what goes to Navajo Division of Natural Resources Parks & Recreation Dept and we don’t know if they used to promote Monument Valley.
The DED Tourism Dept helps chapters develop tourism sites with writing grants to help chapters, such as developing access roads.
The DED Tourism Dept has a $250,000 budget for Advertising/Promoting tourism sites, which is divided mostly among hotels in the Arizona portion of Navajo Nation and then to other hotels in the New Mexico & Utah portion of the Navajo Nation.
The question of How much belongs to Navajo Division of Natural Resources Dept of Parks & Recreation is why Legislation drafted in 2017. We have no actual number until Auditor General does audit and then we will know where $4 million is.
It is now 11:19 am, 1.31.22, and Navajo Nation Division of Economic Development Tourism Dept director Arbin McCabe says that they don’t know how much money is generated from each of the hotels on the Navajo Nation
Last five years assisted chapters. Funding for Navajo Division of Natural Resources parks and recreation for Monument Valley hotel is what goes to Navajo Division of Natural Resources Parks & Recreation Dept and we don’t know if they used to promote Monument Valley.
The DED Tourism Dept helps chapters develop tourism sites with writing grants to help chapters, such as developing access roads.
The DED Tourism Dept has a $250,000 budget for Advertising/Promoting tourism sites, which is divided mostly among hotels in the Arizona portion of Navajo Nation and then to other hotels in the New Mexico & Utah portion of the Navajo Nation.
The question of How much belongs to Navajo Division of Natural Resources Dept of Parks & Recreation is why Legislation drafted in 2017. We have no actual number until Auditor General does audit and then we will know where $4 million is.
We have been working with Crownpoint Hotel developer. The DED Tourism Dept Paid flagships cost of $35,000. They are asking for $5 million and we didn’t have.
It is now 11:39 am, 1.31.22, and Law & Order Committee vice chairman Otto Tso says he looked at the Navajo Division of Economic Development Tourism Dept website and there is only one hotel, which is not owned by the Navajo Nation, promoted by Tourism Dept. Tso says there are no Navajo Nation hotels promoted by Tourism Dept.
And this Legislation 0007-21 wants the Council to amend Navajo Law “to allow all Revenue in the Tourism Fund to be used by any and all Navajo Nation Programs for Tourism-Related Purposes,”
According to the Title of Legislation 0007-21, Legislation 0007-21 seeks Council approval of Allocating $900,000 from the Navajo Nation Tourism Fund (24 N.N.C. §741) to the Navajo Division of Economic Development Tourism Department to Cover the Tourism Department’s Personnel and Operating Expenses for the Remainder of FY2022; Amending 24 N.N.C. §741(B) to allow all Revenue in the Tourism Fund to be used by any and all Navajo Nation Programs for Tourism-Related Purposes,
I don’t see any Major Improvements when I go to Monument Valley. Who is really using the Navajo Nation Hotal Occupancy Tax, which is to fund and promote Navajo tourism. I want to see Written Reports from Past Years of where the HOT revenues went? What tourism projects were funded? Port-a-Johns are needed. Public Restroom Facilities are Needed. Our Navajo small businesses at our Navajo tourism sites need Help.
Can you show me a Timeline on how this $900,000 will Impact Tourism on the Navajo Nation.
Whenever the Council attempts to hold dept directors and division directors accountable, we are told that we are micromanaging. So how do we hold you responsible for not carrying out your duties?
Navajo Division of Economic Development has had YEARS to build up Economic Development on the Navajo Nation. Where is it? Tribal programs are not pushing this.
It is now 11:58 am, 1.31.22, and Navajo Division of Economic Development Tourism Dept director Arbin MacCabe reports that it’s the Navajo division of natural resources parks & recreation dept that has only one hotel advertised on their website.
McCabe emphasizes that Parks & Recreation Dept is not part of the Tourism Dept, which is under the Navajo Division of Ec Dev. He said he cannot answer for Parks & Recreation, but he’s surprised that Park & Rec only promoting one hotel because they receive funding from the Navajo Hotel Occupancy Tax revenues.
He asks Law & Order Committee members to visit the DED Tourism Dept website which is https://discovernavajo.com/navajo-tourism-department/
LOC vice chairman Otto Tso says he never knew about the Tourism Dept website, which does promote hotels, tourism on the Navajo nation.
It is now High Noon, 1.31.22, and Law & Order Committee member Vince James asks Why is there a $4 million unaudited balance? Why isn’t there a Marketing Plan attached to this Legislation? It’s because you are Thinking that the Council will Approve. But there is a Lack of Improvements of Navajo Nation Tourism sites.
James says the LOC was also just informed that Tourism Dept doesn’t know how much each of the Hotels on the Navajo Nation generate in HOT/Hotel Occupancy Tax revenues? But yet Tourism estimated $15 Million in Loss, but not How Much each hotel pays in HOT taxes.
As you review legislation, it gets interesting because I am reviewing your Budget Forms, which are not corresponding to your verbal report. I see that a lot of these funds are going to Personnel. Is that why there continues to be not Improvements at Tourism Sites. How do these Personnel help promote Tourism & Hotels? You reported there are only Four Hotels on Navajo . But when you Talk, there aren’t four hotels. You don’t give a Position Title for the Salary also. Just being general on budget form Does Not Cut it for me. There are No Position Titles.
When I look at your Budget Forms, a majority of this 4900,000 will remain here in Window Rock and so how can you Distribute the $900,000 equally and fairly among Chapters.
I’m really interested in where are these funds are being utilized for improvements to tourism sites that chapters host.
How are Travel Expenses shared with Hotel employees or for WR staff to travel to Hotels that are generating money? Regarding Office Supplies – how are these supplies shared with hotels? Is Equipment, building leases budget for hotels, hosting chapters. Crownpoint has been asking for Hotel and so are some of these funds going to develop Crownpoint hotel.
And then you reported that you are promoting hotels and paying for advertisement, but you don’t know how much each hotel generates in HOT revenues. But you are asking for a huge amount of funds for technology, but you have no software to tell you where HOT revenues are generated and spent. There is nothing showing how $400,000 is funding Ongoing Projects, Proposed Projects. Budget for Training & Registration, Vehicles, And here’s a Budge for Infrastructure for Water Develoment.
It is now 12:30 pm, 1.31.22, and Fort Defiance Navajo Council Delegate Wilson Stewart Jr., the sponsor of Legislation 0007-22, which is seeking Council approval of allocating $900,000 for employees of Navajo Division of Economic Development Tourism Dept, Emphasizes that his legislation is for Employees.
Stewart says that all the questions that are being asked need time to be answered. He says that if all the answers are not made today that they will be answered when his Legislation reaches the Naabik’iyati Committee.
He also keeps repeating that his legislation goes before other committees and the Naabik’iyati Committee and so Council Delegates will have a Lot of Time to asks Questions. (Sounds like Fort Defiance Council Delegate Wilson Stewart Jr. Does Not Appreciate Questions of his Colleagues.)
Improvement of $150,000 for Leupp. Worked closely with Chinle Chapter and National Park to invest $150,000 for three waterless restrooms, even though overseen by Navajo Parks & Recreation Dept. Chinle Tourism Plan funded with $175,000, which is where Chinle Vendor Center established. Shiprock Visitor Complex $350,000.
It is now 1:36 pm, 1.31.22, and Navajo Division of Economic Development Tourism Dept director Arbin McCabe basically says that Law & Order committee vice chaiman otto tso’s suggestion that the Navajo Hotel Occupany Tax revenues be distributed among All Hotels on the Navajo Nation makes No Sense. (I Agree)
Revenues from the Navajo HOT are legally spent on promoting & development Tourism on the Navajo Nation by the DED Tourism Dept and the Division of Natural Resources Parks & Recreation Dept. All hotels on the Navajo Nation are mandated pay the HOT.
McCabe says that the Numerous Amount of Questions from LOC members and other Council Delegates suggest that more work is needed on Legislation 0007-22, including meetings with LOC members and Council Delegates that have Questions about it. Fort Defiance Delegate Wilson Stewart Jr. is sponsoring 0007-22.
LOC Vice Chairman Otto Tso calls for the TABLING of 0007-22. Legislative staff informs the LOC that if they want to Table 0007-22 that they should do it at the Council because Committees can Table legislation, but the legislation cointues to move forward. The Council has Final Action on 0007-22.
And so LOC chairwoman Eugenia Charles-Newton is asking the LOC to vote on the LOC’s recommendation that it is recommending to the Council to Table 0007-22 and for the Naabik’yati to have a Work Session on Issues raised by the LOC.
2 in favor, 2 opposed on Accepting Report (I’m not sure why LOC chairwoman Charles Newton didn’t break the Tie Vote…)
Vince James Red; Eugene Tso Green; Otto Tso Red; Edmund Yazzie Green.
It is now 2 pm, 1.31.22, and the LOC heard a Brief Verbal Report by Chief Legislative Counsel Dana Bobroff regarding the Hiring of a Special Prosecutor to investigate Donations Accepted by Nez&Lizer and a possible Conflict of Interest by Navajo Nation Attorney General Doreen McCabe in her Prosecution of former Navajo Nation Controller Pearline Kirk.
Bobroff says that the process is for the Chief Legislative Counsel to conduct an initial investigation to determine if there is sufficient evidence, ground to refer the matter to the Special Division of WR District Court. I explained that Referral needs to be very specific and any Delegate with specific information, such as witness statements, be referred to my office.
As far as Donations Fund, I suggested that Auditor General audit that account. What we viewed, reports prepared by Navajo Dept of Justice/NDOJ that NDOJ response was that they were responsible for Collecting but not for Spending or determining how to spend. Bobroff says That NDOJ reported that the Spending of the donation collected by Nez&Lizer is the responsibility of the Navajo Emergency Management Office. Bobroff noted that she has not found anything out of place.
Bobroff says that on the LOC’s Second Question regarding the Hiring of a Special Prosecutor concerned Attorney General Doreen McPaul having a Conflict of Interest in her prosecution of former Controller Kirk. Bobroff says everything we have reviewed does not show that. But if anyone has specific information, they can forward to her, Bobroff says.
Bobroff repeats again that At this point in time, there has not been enough information to make a Referral for the Hiring of a Special Prosecutor.
LOC vice chairman Otto Tso emphasizes that the LOC Only called for its Chief Legislative Counsel Dana Bobroff to Report on the PROCESS of Hiring a Navajo Nation Special Prosecutor.
LOC member Vice James says LOC needs to go into Executive Session to Discuss and Hear information regarding Attorney General DorEen McPaul’s filing of Additional Charges against former Controller Pearline Kirk.
No other LOC member Seconds James call for Executive Session.
James asks how LOC can discuss the Hiring of a Special Prosecutor, if LOC cannot go into Executive Session.
Chief Legislative Counsel Bobroff says she doesn’t know if the Naabik’iyati Committee directed the LOC to begin looking at the Hiring of a Navajo Nation Special Prosecutor or to just hear a Report. And Bobroff suggests that the LOC recommend that the Naabik’iyati also hear the same Report that she gave to the LOC.
LOC chairwoman Eugenia Charles Newton says four or more Council delegates requested Speaker Seth Damon to ask for Information about Hiring a Special Prosecutor to Investigate All the Donations that Nez&Lizer Asked for on their Websites and a possible Conflict of Interest by McPaul’s in her prosecution of former Controller Kirk. Charles Newton says Damon has not responded to the request of the Council Delegates, which is why the LOC stepped in to ask for a Report on the Hiring of a Special Prosecutor by Chief Legislative Counsel Bobroff.
Charles Newton also emphasizes that Damon did not Forward Chief Legislative Counsel Dana Bobroff’s question regarding her request for Facts, and not allegations, to Justify the Hiring of a Special Prosecutor to Investigate All the Donations that Nez&Lizer requested on their Website and to Investigate Attorney General Doreen McPaul for an alleged Conflict of Interest in Prosecuting former Controller Pearline Kirk.
Charles Newton directed that the documents regarding an alleged Conflict of Interest that were shared with the LOC by the attorneys representing former Controller Pearline Kirk Are to be Released on the World Wide Web. (I’m doing my HAPPY Dance!)
The LOC voted to Accept the Report on the Hiring of a Special Prosecutor by Chief Legislative Counsel Dana Bobroff.
AGENDA OF THE LAW AND ORDER COMMITTEE 24TH NAVAJO NATION COUNCIL SPECIAL MEETING – VIA TELECOMMUNICATION, Jan. 31, 2022, 10 A.M
PRESIDING: Honorable Eugenia Charles-Newton, Chairwoman
Honorable Otto Tso, Vice Chairperson
LOCATION – VIA TELECOMMUNICATION, CALL-IN NUMBER: 669-900-6833, MEETINGS ID 562-628-2566, PASSCODE 86515
[ ] Hon. Eugenia Charles-Newton [ } Hon. Otto Tso
[ ] Hon. Vince James [ ] Hon. Edmund Yazzie ( ) Hon. Eugene Tso
- Call Meeting to Order, Roll Call and Invocation
- Recognize Guest and Visiting Officials
- Review and Adopt Agenda:
(M) (S) (V)
Yea: Nay: NV: Absent: - Review and Adopt the Journal(s): None
- Receiving Reports:
a. Report from Dana Bobroff, Chief Legislative Counsel, Office of Legislative Counsel regarding the hiring of Special Prosecutor
(M) (S) (V)
Yea: Nay: NV: Absent:
b. Report from Rex Kontz, Deputy General Manager, NTUA and Navajo Nation Department of Justice on Facility Project
(M) (S) (V)
Yea: Nay: NV: Absent:
c. Report from Sage G. Metoxen, Senior Attorney, Litigation Unit, Navajo Nation Department of Justice regarding state criminal jurisdiction over non-Indian crimes against Indians within Indian Country
(M) (S) (V)
Yea: Nay: NV: Absent: - Old Business: None
- New Business:
a. Legislation No. 0007-22: An Act Relating to Resources and Development, Budget and Finance, Law and Order, and Naabik’iyati’ Committees, and the Navajo Nation Council; Allocating $900,000 from the Navajo Nation Tourism Fund (24 N.N.C. §741) to the Division of Economic Development/Tourism Department to Cover the Tourism
Department’s Personnel and Operating Expenses for the Remainder of FY2022; Amending 24 N.N.C. §741(B) to allow all Revenue in the Tourism Fund to be used by any and all Navajo Nation Programs for Tourism-Related Purposes –
Sponsor: Honorable Wilson C. Stewart, Jr., Council Delegate
(M) (S) (V)
Yea: Nay: NV: Absent: - Close of Meeting, Announcements and Adjournment
(M) (S) (V)
Yea: Nay: NV: Absent:
NEXT REGULAR/SPECIAL MEETINGS:
January 31, 2022 at 10:00 a.m., via teleconference
(Special Meeting)
February 14, 2022 at 10:00 a.m., via teleconference
February 21, 2022 at 10:00 a.m., via teleconference
February 28, 2022 at 10:00 a.m., via teleconference
THIS AGENDA IS SUBJECT TO CHANGE: The public is advised that the Navajo Nation Council Agenda and the
Agendas of the Standing Committees, subcommittees and task forces are not final and adopted by a majority vote of the
Navajo Nation Council or the Standing Committees, subcommittees or task forces at meeting pursuant to 2 N.N.C. §§163
and 183, Navajo Nation Council Rule of Order
