NAVAJO COUNCIL DEBATING ADDITION OF LEGISLATION 0391-14, PARDON OF NAVAJO ELECTION BOARD, TO ITS AGENDA BY PETITION OF 13 DELEGATES.
DELEGATE LEONARD TSOSIE
The only way to add legislation 0391-14, Pardon for Navajo Election Board for any violation of law and reinstate to offices, which the Council’s Naabik’iyati Committee didn’t act on yesterday, Dec. 29, 2014,
SECOND BY DELEGATE LORENZO CURLEY
SPEAKER PRO TEM BATES
members of council, section 14, is close but it doesn’t address situation, ALL RESOLUTIONS APPOINTING PUBLIC OFFICIALS OR CONTROVERSIAL RESOLUTION MAY BE SENT TO NAABIKIYATI AND LEGISLATION MAY BE REFERRED BACK TO COMMITTEE. Petition is for 0391-14 to be added to Council agenda. Number 10, deals with amendment, AN AMENDMENT BY COMMMITTEE SHALL BE INCLUDED IN RESOLUTION. NO FAILED RESOLUTION AMENDMENT GOES BEFORE COUNCIL UNLESS BY PETITION. there are the only two floor rules that come close to what is being asked of Council. council is final body. At the time that 0391-14 went before Naabi, there was a loss of quorum.
COUNCIL DELEGATE DWIGHT WITHERSPOON
i’ll ask for legal opinino cuz request, ability to petition is to Naabikiyati and then comes to Council, law does not speak for petition to come to Council. Tsosie could petition for special Naabi meeting and Council meeting to address 0391-14.
CHEIF LEGISLATIVE COUNSEL LEVON HENRY
as the speaker pro tem outlined there are porvisions that come close and in 164, number 15, resolution that complete process be on Council agenda, look at rules of committee on how legislation gets to council agenda. yesterday committee lost quorum before 0391-14. there is process for 0391-14 and the petition may not be able to get 0391-14 to the Council.
POINT OF ORDER, DELEGATE JONATHAN NEZ
i respectfully ask you as speaker to rule 0391-14 out of order.
SPEAKER PRO TEM BATES
when this was made, when i became aware of petition, i looked to 164 to see if current situation allowed for petition and i outlined those laws. and it will set a presedent. if you recall i had legislation and i attempted same thing and council ruled against me. i put on agenda cuz committee i was dealing with wouldn’t consider and i took to Naabi and i was ruled against. so ruling is this, there is nothing there, i rule out of order.
DELEGATE LEONARD TSOSIE
i will challenge. there is precedent. and i believe it was Delegate Russell Begaye. the other thing, in terms of precedent, i don’t why colleague is concerned about precedent cuz one day precedent. and i can almost guarantee that Title 2 will change under new council. we would mutter about one day rule rather than debate injustice.
SECONDED BY DELEGATE DUANE TSINIGINE
DELEGATE DUANE TSINIGINE
I support Challenge. And i ask Navajo Department of Justice for legal advice: Can the Council’s decision be legally challenged by a lawsuit?
