The Budget & Finance has started. Roll call – BFC Chairman Jamie Henio; BFC Vice Chairman Raymond Smith, BFC member Amber Kanazbah Crotty are present. Henio said he will wait until another BFC member joins the call. BFC member Jimmy Yellowhair announces he is on call. BFC member Nathaniel Brown and Elmer Begay also present.
BFC advisor Peggy Nakai reads proposed agenda. Yellowhair and Smith motion to accept agenda.
CROTTY asks if there are any bills requested to be removed from agenda.
HENIO says he was just going to ask BFC to remove his $300M legislation off BFC agenda. Crotty and Yellowhair motion to remove $300M legislation. VOTE 5 yes, Zero no votes. $300M bill removed from BFC 7.14.20 agenda.
Navajo Gaming Enterprise CEO Parrish making report. Parrish said he asked President Nez about requesting CARES relief aid. Parrish says Navajo gaming ready to reopen at end of July. He asks to report Financials behind closed doors and he says he has special Call In number ready.
Set aside $5M to repay loan if reopen end of July and if get CARES funds, then can replay $5M. If not reopen, then layoff casino workers. Have been providing employee health care benefits.
Thought closure three weeks but now closed for 19 weeks. Had two record years of financial performance, generated $110M and accelerate set aside funds to create jobs, set aside $10M to replay NTUA loans several years earlier but pandemic forced remove $10M set aside. Paid bond payment but had to pay employees so late in paying. Recreived $11.1M but covered ten of 19 weeks payroll. Tribal gaming is cash so ineligible for grant federal funds so have to cover all expenses, capital improvements, etc.
CARES request reviewed by Nez, Controller, outside counsel to make sure our costs can be reimbursed, $24.6M for time closed. When met with Nex, he asked reduce $24.6M for his consideration. When complete then share with Council. reduce interest loan cost which goes to Navajo Nation. So reducing between $14.6M and $19.6M and cannot reduce CARES request more.
Asked Nez for guidance on legislation and to remove layoffs, and so maybe legislation would be Emergency, which removes interim steps but not what we want to do but we felt it was necessary. Nez told us that he not in favor of Emergency bill but wanted Tribal Gaming to submit to Three Branch Chiefs for their review.
Before making request for executive session to present Navajo gaming financials, we developed a reopening plan which are exhaustive to protect safety, health of team members, their families and customers. We surveyed workers who are concerned about customers not wearing masks. We are prepared to ask customers to leave until wear mask. Reopen at 50 percent and two or three chairs for table games. All employees will help with daily deep cleaning which also returns workers to work and generate revenue and “Stop the Bleeding” so can do regular loan payments to Navajo Nation. Parrish ends his report.
BFC MEMBER JIMMY YELLOWHAIR says he wants to motion to accept report which he described as “very good.” BFC vice chairman Raymond Smith seconds. bfc chairman Jamie Henio asks for motion to go into executive session. BFC member Jimmy Yellowhair and BFC vice chairman Raymond Smith motion for Closed Door session with Navajo Gaming Enterprise CEO Parrish. BFC chairman Henio estimates that Closed Door session will be about ten minutes. VOTING on Executive Session: Yellowhair green, Smith green, Brown green. Vote is 3-0 so BFC going into executive session. It is now 10:55 AM.
Crotty leaves meeting to attend Three Branch meeting.
BFC back in session.
BFC member Elmer Begay asks Navajo gaming enterprise CEO Parrish about eligibility of casino workers for unemployment benefits.
PARRISH said $600 unemployment weekly benefit to end at end of July. College interns preparing to return to school on-line and some interns hired by companies.
BFC votes 4-0 to accept Parrish report.
BFC now going to Legislation 043-20, $300,000 for three Forest Lake Chapter officials 2017 stipend. BFC tabled 043-20 on 6.18.20 to allow time for BFC member Jimmy Yellowhair to gather documents for why chapter officials not paid, chapter financial process.
HENIO asks Yellowhair if he has chapter documents. Yellowhair says yes.
Chapter official tells BFC that they didn’t know how to process the Carry Over of chapters funds to pay three chapter officials. Officials says they also asked for guidance from President Nez, attorney Levon Henry, and other officials.
BFC votes 3-0 to approve $300,000 to pay three Forest Lake Chapter officials for their 2017 stipends.
051-20: An Action Relating to Resources and Development and Budget and Finance Committees; Approving a change in resolution CAP-35-18 Exhibit B No. 10 and Exhibit D No. 97 and No. 98 Ts’ah Bii Kin (Inscription House) Chapter project by amending the funding amounts Sponsored by Herman M. Daniels,
BFC votes 4-0 on 051-20
0341-20, Amending CAP35-18, Titled, “Adopting the Sihasin Fund Powerline and Chapter Projects Expenditure Plan Pursuant to CD-68-14, as Amended by CJA-03-18, and 12 N.N.C. §§ 2501-2508, as Amended; Waiving 12 N.N.C. §§ 810 (F), 820 (I) and (M) and 860 (C) Relating to the Capital Improvement Budget and the Capital Improvement Process”; Amending
Projects for Shiprock Chapter.
SPONSOR Council Delegtae Eugenia Charles-Newton recalls that President Nez vetoed $500,000 for projects so now putting all projects in my legislation, 051-20 but Chief Legislative Counsel Dana Bobroff very busy with numerous proposed COVID-19 legislation.
BFC discusses Charles-Newton bill and after additional info presented, Charles-Newton withdraws her bill for further work.
BFC now on Legislation No. 0153-20: An Action Relating to Budget and Finance, Law and Order and Naabik’íyáti’ Committees and Navajo Nation Council; Amending 2 N.N.C. §164 (A) (17) to Include the Budget Line-Item Veto Authority Language Approved by Navajo Voters Through Initiative Election in 2009 Sponsored by Council Delegates Daniel E. Tso and Seth A. Damon.
BFC MEMBER ELMER BEGAY says he supports Legislation 053-20 and President Nez’s use of the presidential line-item veto on Navajo Nation Council legislation to spend more than $600M in CARES funds reminds of the 1989 political dispute between then Chairman Peter MacDonald Sr. and the Council.
If you interpret the Navajo words in chapter one of the Navajo Nation Code, which is Dine’ Fundamental Law, it makes you wonder if Nez and some Council delegates understand the oath they took to uphold Dine’ Fundamental Law.
BFC VICE CHAIRMAN RAYMOND SMITH asks if there was an Opposing Comment. He says there was 2009 referendum and people gave authority for that and 053-20 has additional language to only Clarify what the people voted on when they approved presidential line-item veto. (NOTE – Then President Joe Shirley sponsored an Initiative, not Referendum, for the people to vote on whether or not to approve presidential line-item veto authority.)
BFC CHAIRMAN HENIO read Martha Tate comment that she opposes 053-20 because Council has too much power.
COUNCIL DELEGATE DANIEL TSO, sponsor of 053-20,
COUNCIL DELEGATE RICKIE NEZ asks for Martha Tate’s opposing comment. (Delegate Rickie Nez was among the 6 delegates who voted to oppose override of President Nez’s line-item veto of CMY-44-20, which only established the Navajo Nation CARES Expenditure Plan.)
Yellowhair votes Green. Smith votes green. Crotty votes green. Brown votes green. Elmer Begay votes green. Vote is 5-0 on Legislation 053-20 which now moves to the Law & Order Committee, then the Naabik’iyati Committee, and finally to the Council which has final authority over 0534-20.
HENIO announces that Aug. 4 is next BFC meeting and that next week is Navajo Council Summer Session.
BFC votes to adjourn at 12:42 pm
After BFC meeting discussion concerns how the Navajo Council Summer Session will be conducted. Public Information Office reported to BFC that Council summer session will be live streamed.
Greetings Relatives/Frsns/Humans, if you were able to listen to the Budget & Finance Committee work session on the $300 million investment in Remington, you would have heard Silence from about 1:20 pm to 4:51 pm, July 13, yesterday, because the B&F voted to go into executive session.
I read through Henior’s Legislation 0133-20 this morning, which is posted on the Navajo Nation Council legislative website. I looked for comments on Henio’s legislation, which Speaker Seth Damon, but there were none posted with 0133-20. And that could mean that no one has commented or the Office of Legislative Services has not posted comments. If you have not commented on 0133-20 and want to, the comment period is still open until final action is taken on 0133-20. And remember, only the B&F needs to approve or disapprove the Navajo Nation’s $300 million investment in Remington.
Comments should be submitted to comments@navajo-nsn.gov and the full legislation can be viewed at http://dibb.nnols.org/PublicReporting.aspx
Oh yes, the $300 million is not coming from the CARES relief aid. According to 0133-20, the $300M is coming from the Navajo Nation Master Permanent Trust Fund.
Legislation 0133-20 states that the $300M is an equity investment and will will produce an annual rate of return of more than the five year average rate of return of the Master Trust, which is stated in the most recent quarterly report provided by the Navajo Nation Investment consultants.
Other legislation gong before the B&F are:
Legislation No. 0153-20: An Action Relating to Budget and Finance, Law and Order and Naabik’íyáti’ Committees and Navajo Nation Council; Amending 2 N.N.C. §164 (A) (17) to Include the Budget Line-Item Veto Authority Language Approved by Navajo Voters Through Initiative Election in 2009 Sponsored by Council Delegates Daniel E. Tso and Seth A. Damon
Legislation No. 043-20: An Action Relating to, Resources and Development, Budget and Finance, Naa’bik’iyati’ Committees, and Navajo Nation Council; Approving supplemental funding from the Unreserved, Undesignated Fund Balance in the amount of three thousand dollars ($3,000) for Forest Lake Chapter Officials’ stipends for fiscal year 2017; waiving 12 N.N.C. §§ 820 (E) and 820 (F) regarding the designation of recurring and non-recurring revenues
Sponsored by Council Delegate Jimmy Yellowhair, LEGISLATION HISTORY: [Was considered by the Budget & Finance Committee as June 18, 2020 Agenda item; Main Motion held by Elmer P. Begay,
Seconded by Jimmy Yellowhair; Tabling motion made by Amber K. Crotty seconded by Nathaniel Brown vote: 4-1 Yeas: Raymond Smith, Jr., Amber K. Crotty, Nathaniel Brown, Elmer P. Begay; Nay votes made by Jimmy Yellowhair; sponsor is requested to provide supporting
documentation from the Forest Lake Chapter related to why chapter officials were not paid in FY2017; why the FY2018 carryover funds were not used; a directive motion for the Forest Lake Chapter to provide supporting documentation for their request demonstrating how funds are
administered at the Chapter made by Raymond Smith, Jr. seconded by Nathaniel Brown vote:
5-0 Yeas: Jimmy Yellowhair, Raymond Smith, Jr., Amber K. Crotty, Nathaniel Brown, Elmer P. Begay]
Legislation No. 0341-20: An Action Relating to Health, Education and Human Services and Naabikiyati Committees and Navajo Nation Council; Amending CAP35-18, Titled, “Adopting the Sihasin Fund Powerline and Chapter Projects Expenditure Plan Pursuant to CD-68-14, as Amended by CJA-03-18, and 12 N.N.C. §§ 2501-2508, as Amended; Waiving 12 N.N.C. §§ 810 (F), 820 (I) and (M) and 860 (C) Relating to the Capital Improvement Budget and the Capital Improvement Process”; Amending
Projects for Shiprock Chapter Sponsored by Eugenia Charles-Newton, Council
Delegate
Legislation No. 012-20: An Act Relating to Budget and Finance, Resources and
Development, Naabik’íyáti Committees, and Navajo Nation Council; Approving supplemental funding from the Unreserved, Undesignated Fund Balance in the amount
of Three Million Dollars ($3,000,000) for the 110 Navajo Nation Chapter’s Summer
Youth Employment Sponsored by Seth A. Damon and Carl R. Slater, Council
Delegates
PROPOSED AGENDA OF THE BUDGET AND FINANCE COMMITTEE OF THE NAVAJO NATION COUNCIL
July 14, 2020, Special Meeting Via Teleconference 10 a.m.
TELECONFERENCE CALL NUMBER: (928)223-3955
Presiding: Jamie Henio, Chairperson
Raymond Smith, Jr., Vice Chairperson
Place: Via Teleconference Window Rock, Navajo Nation (Arizona)
Members Present:
_ Elmer P. Begay _ Jamie Henio
Nathaniel Brown _ Raymond Smith, Jr.
Amber K. Crotty _ _ Jimmy Yellowhair
- Call the Meeting to Order; the Roll Call; the Invocation;
- Recognize Guests and Visiting Officials
- Review and Adopt the Agenda
M: S: Vote: Yeas: Nays - Review and Adopt the Journal: none
M: S: Vote: Yeas: Nays - Receive Reports:
a. Update presented by Brian Parrish, Interim CEO, Navajo Nation Gaming
Enterprise and others
M: S: Vote: Yeas: Nays - Old Business:
a. Legislation No. 043-20: An Action Relating to, Resources and Development,
Budget and Finance, Naa’bik’iyati’ Committees, and Navajo Nation Council;
Approving supplemental funding from the Unreserved, Undesignated Fund
Balance in the amount of three thousand dollars ($3,000) for Forest Lake
Chapter Officials’ stipends for fiscal year 2017; waiving 12 N.N.C. §§ 820 (E)
and 820 (F) regarding the designation of recurring and non-recurring revenues
Sponsored by Jimmy Yellowhair, Council Delegate [Was considered by the Budget
& Finance Committee as June 18, 2020 Agenda item; Main Motion held by Elmer P. Begay,
Seconded by Jimmy Yellowhair; Tabling motion made by Amber K. Crotty seconded by
Nathaniel Brown vote: 4-1 Yeas: Raymond Smith, Jr., Amber K. Crotty, Nathaniel Brown,
Elmer P. Begay Nay: Jimmy Yellowhair; sponsor is requested to provide supporting
documentation from the Forest Lake Chapter related to why chapter officials were not paid in
FY2017; why the FY2018 carryover funds were not used; a directive motion for the Forest Lake
Chapter to provide supporting documentation for their request demonstrating how funds are
administered at the Chapter made by Raymond Smith, Jr. seconded by Nathaniel Brown vote:
5-0 Yeas: Jimmy Yellowhair, Raymond Smith, Jr., Amber K. Crotty, Nathaniel Brown, Elmer
P. Begay]
Recall Motion: Second: Vote: Yeas: Nays:
b. Legislation No. 0133-20: An Action Relating to the Budget and Finance
Committee; Approving a Direct Equity Investment in Company as set forth in
NNICJU-08-20 pursuant to the Navajo Nation Master Investment Policy
Sponsored by Jamie Henio and Seth A. Damon, Council Delegates [Legislation
was considered on June 23, 2020 agenda; Main motion held by Jimmy Yellowhair
seconded by Elmer P. Begay; Tabling motion made by Amber K. Crotty seconded by
Elmer P. Begay Vote: 3-2 Yeas: Elmer P. Begay, Amber K. Crotty, Jamie Henio, Nays:
Nathaniel Brown Jimmy Yellowhair; tabled until the Committee has a work session
with the Investment Committee related to the direct investment section of the Master
Investment Policy; Work session held June 26, 2020 a directive to the Office of the
Controller to provide documents to the Department of Justice to conduct a complete
review.]
Recall Motion: Second: Vote: Yeas: Nays: - New Business:
a. Legislation No. 051-20: An Action Relating to Resources and Development and
Budget and Finance Committees; Approving a change in resolution CAP-35-18
Exhibit B No. 10 and Exhibit D No. 97 and No. 98 Ts’ah Bii Kin (Inscription House)
Chapter project by amending the funding amounts Sponsored by Herman M. Daniels,
Jr. Council Delegate
M: S: Vote: Yeas: Nays
b. Legislation No. 0341-20: An Action Relating to Health, Education and Human
Services and Naabikiyati Committees and Navajo Nation Council; Amending CAP35-18, Titled, “Adopting the Sihasin Fund Powerline and Chapter Projects Expenditure
Plan Pursuant to CD-68-14, as Amended by CJA-03-18, and 12 N.N.C. §§ 2501-2508,
as Amended; Waiving 12 N.N.C. §§ 810 (F), 820 (I) and (M) and 860 (C) Relating to
the Capital Improvement Budget and the Capital Improvement Process”; Amending
Projects for Shiprock Chapter Sponsored by Eugenia Charles-Newton, Council
Delegate
M: S: Vote: Yeas: Nays
c. Legislation No. 012-20: An Act Relating to Budget and Finance, Resources and
Development, Naabik’íyáti Committees, and Navajo Nation Council; Approving
supplemental funding from the Unreserved, Undesignated Fund Balance in the amount
of Three Million Dollars ($3,000,000) for the 110 Navajo Nation Chapter’s Summer
Youth Employment Sponsored by Seth A. Damon and Carl R. Slater, Council
Delegates
M: S: Vote: Yeas: Nays
d. Legislation No. 0153-20: An Action Relating to Budget and Finance, Law and
Order and Naabik’íyáti’ Committees and Navajo Nation Council; Amending 2 N.N.C.
§164 (A) (17) to Include the Budget Line-Item Veto Authority Language Approved by
Navajo Voters Through Initiative Election in 2009 Sponsored by Daniel E. Tso and
Seth A. Damon, Council Delegates
M: S: Vote: Yeas: Nays - Close of the Session; Written Announcements; Adjournment
M: S: Vote: Yeas: Nays
Next Regular Meeting: August 4, 2020
Navajo Nation Council 2020 Summer Session: Week of July 20, 2020
THIS AGENDA IS SUBJECT TO CHANGE. The public is advised that the Navajo Nation Council Agenda and the Agendas of the Standing Committees are not final until adopted by a majority
vote of the Navajo Nation Council or the Standing Committee at a Navajo Nation Council or a Standing Committee meeting pursuant to 2 N.N.C. §§163 and 183, Navajo Nation Council Rule of
Order
