On June 19, the Navajo Nation Council approved $41 million in federal Coronavirus, Aid, Relief, and Economic Stimulus (CARES) Act funding received by the Navajo Nation last month. “The $41 million in immediate funding that the Navajo Nation Council voted to approve will give our front line responders and essential workers the compensation they badly deserve,” Navajo Nation Council Speaker Seth Damon said. “It also provides for personal protective equipment and safety assurance for thousands of our Navajo People that are looking to return to a safe workplace.”
Damon sponsored the $41 million COVID-19 relief aid, which is Navajo Council Resolution CJN 46 20. Navajo Nation President Jonathan Nez used the presidential line item veto authority on the individual budgets which totaled to $41 million, in CJN 46 20.
Here is Nez’s line item veto message to Damon and the Council and the attached CJN-46-20.
Nez identifies several reasons for his line item veto of the $41 million and none of them appear to be backed by financial reasons. Instead Nez questions why the $41 million was removed from the $9expenditure plan put in a separate budget, which Nez said creates additional red tape.
Nez also issued a separate veto message for CJN 47 20, which was the Navajo Nation Council’s approval of an additional $93 million in COVID-19 federal relief aid to be spent on the following line item budgets:
$10 million for care packages of food, water and basic necessities;
$2 million to enable tele-work capability for government employees;
$3.5 million for bathroom additions and upgrades;
$7 million for burnout assistance for 156 homes;
$3 million in assistance for Public Law 93-638 healthcare facilities on the Navajo Nation;
$2,559,530.10 to improve procurement processing of Navajo Nation CARES Fund expenditures;
$55 million to be distributed to Local Governance Act (LGA) Certified Chapters and non-LGA Certified Chapters to address COVID-19 relief and mitigation issues at the local level, pursuant to the 50/50 formula set forth at 12 N.N.C. § 820 (O); and,
$10 million to the Navajo Nation Judicial Branch to combat COVID-19.
Here is Nez’s line item veto message to Damon and Council. CJN 47 20:
The Council approved two resolutions to spend CARES Act funds; one for $451 million and the other for $93 millions. Some of the line-item budgets, such as hazard pay & PPEs and chapters, were funded for immediate spending and another for additional funding. Reports from first responders to the Council showed they have been reusing PPEs and waiting for hazard pay since mid March.
PRESS RELEASE – Navajo Nation President Jonathan Nez line-item vetoes $73 million in coronavirus relief expenditures, 7.5.20
WINDOW ROCK, Ariz. — Navajo Nation President Jonathan Nez line-item vetoed $73 million in coronavirus (COVID-19) response funding Saturday that was approved on Jun. 19 by the 24th Navajo Nation Council. President Nez eliminated COVID-19 response funding for all 110 local Navajo Nation communities, funding to support the Judicial Branch and Navajo Nation courts, immediate assistance for burnout families at greater risk of exposure to COVID-19 without shelter and pandemic-related support for Navajo traditional practitioners.
“On behalf of the 24th Navajo Nation Council, I wish to recognize our local leaders across the Navajo Nation that have continued to be on the front-lines of the COVID-19 pandemic,” said Speaker Seth Damon. “We, the Council, will continue to push legislation that focuses on getting this money spent for the benefit of the Navajo People. With the support of our communities, we will move forward together.”
Navajo Nation Council Resolution Nos. CJN-46-20 and CJN-47-20 together authorized $135,059,530.10 in immediate expenditures from the Navajo Nation CARES Fund. Established by Resolution No. CMY-44-20, the Fund holds more than $714 million in federal Coronavirus Aid, Relief, and Economic Stimulus (CARES) Act aid.
CJN-46-20 authorized $42 million in expenditures for special duty pay, personal protective equipment (PPE), facility safety assurance and support for Navajo traditional practitioners through the Diné Hataałii Association. The expenditures included:
$21 million in hazard pay for front-line responders and essential personnel;
$10 million for PPE;
$10 million for disinfection and facility safety assurance for public spaces and offices; and,
$1 million for the Diné Hataałii Association to assist traditional practitioners in providing culturally-relevant mental and spiritual guidance to Navajo people affected by COVID-19 and their families.
President Nez rejected the Diné Hataałii Association expenditure outright. The Council’s support of the association’s expenditure plan had an extensive record of discussion that fully justified its approval. The association’s 36-page expenditure plan and its attached budget narrative was more comprehensive than anything submitted to the 24th Navajo Nation Council from the Office of the President and Vice President, to date, noted Speaker Damon.
President Nez argued that Navajo medicine men and traditional practitioners were not explicitly allowed in the law passed by Congress nor the guidelines from the U.S Treasury for state, local and tribal governments. The Council fully justified these expenditures under the federal guidelines as necessary for the mental health and spiritual well-being of many Navajo members.
President Nez also line-item vetoed the expenditure plan portions of each of the other line-items, which eliminated important accountability measures that served to protect against misuse of the funds.
CJN-47-20 authorized $93,059,530.10 in expenditures, up from the $50 million that President Nez proposed in Legislation No. 0116-20. The expenditures included:
$10 million for care packages of food, water and basic necessities;
$2 million to enable tele-work capability for government employees;
$3.5 million for bathroom additions and upgrades;
$7 million for burnout assistance for 156 homes;
$3 million in assistance for Public Law 93-638 healthcare facilities on the Navajo Nation;
$2,559,530.10 to improve procurement processing of Navajo Nation CARES Fund expenditures;
$55 million to be distributed to Local Governance Act (LGA) Certified Chapters and non-LGA Certified Chapters to address COVID-19 relief and mitigation issues at the local level, pursuant to the 50/50 formula set forth at 12 N.N.C. § 820 (O); and,
$10 million to the Navajo Nation Judicial Branch to combat COVID-19.
$72 million was line-item vetoed by President Nez for burnout assistance, local chapter governments and the Judicial Branch. Additionally, he line-item vetoed any reference to CMY-44-20, arguing that his line-item veto of that resolution invalidated the legal effect of the entire Navajo Nation
CARES Fund Act.
The 24th Navajo Nation Council was required to amend CJY-47-20 heavily to bring it in-line with President Nez’s claims that it was a three-branch approach.
Nez also repeatedly emphasized the support going directly to the Navajo People, when the majority of line-items in Legislation No. 0116-20 went directly to the central government in Window Rock. The Council amended the president’s proposal to ensure a greater portion went to local relief efforts and to support judicial functions throughout the Navajo Nation.
The line-item vetoes by President Nez are the latest in a series since the COVID-19 pandemic began. Since January, the 24th Navajo Nation Council has approved funding to support emergency budgets and COVID-19 relief efforts.
CJA-01-20, Council’s first action of 2020, was approved Jan. 28 for $1.4 million to replenish local chapter government emergency budgets. President Nez line-item vetoed CJA-01-20 on Feb. 14. President Nez reversed his decision two months later on Mar. 27 when he signed CMA-11-20 for $1.37 million for chapter emergency funds.
CAP-21-20 was approved Apr. 10 for $103,400 to help the Navajo Nation Judicial Branch as it began adjusting to COVID-19 needs. President Nez line-item vetoed CAP-21-20 on Apr. 23.
CAP-22-20 was approved Apr. 17 for $250,000 in burial assistance for Navajo families affected by COVID-19. President Nez line-item vetoed CAP-22-20 on May 2.
CAP-24-20 was approved Apr. 17 for the now-more than $5 million in financial donations to the Navajo Nation. President Nez vetoed CAP-24-20 on May 2.
CAP-25-20 was approved Apr. 17 for $121,000 to provide for communications and technology needs for the Navajo Nation Council. President Nez line-item vetoed CAP-25-20 on May 2.
CMY-34-20 was approved May 15 for $2,416,747 to address COVID-19-response needs for emergency medical services, police officers, criminal investigators and other Division of Public Safety personnel. President Nez line-item vetoed CMY-34-20 on May 30.
On May 7, Speaker Damon introduced the Navajo Nation CARES Fund Act, or Resolution No. CMY-44-20. That legislation laid the necessary groundwork for spending the federal CARES Act funds announced two days earlier.
CMY-44-20 included expedited procurement procedures, project expenditure plan templates and Title 12 amendments that established the purpose within the Navajo Nation’s legal system for the federal, restricted funds. It was a policy document with no line-item appropriations.
President Nez line-item vetoed CMY-44-20 on May 30. However, it was an expansion of the line-item veto authority which created a problematic precedent that policy language could be stricken in addition to financial budgetary line-items.
President Nez used that precedent to strike policy language on Saturday for accountability measures that ensure CARES Act funds are used properly. He also rejected the directives by Council to the Office of the Controller and the Office of Management and Budget to develop templates and budget procedures specific to COVID-19 projects, saying his office could handle those items.
President Nez further accused the 24th Navajo Nation Council of playing politics by excising pay, facilities and PPE line-items into a separate legislation. He accused the Navajo Nation Council of “…executing the law it passed…” while, at the same time, legislating through the executive office.
“The 24th Navajo Nation Council acted in good faith by introducing Legislation No. 0132-20. President Nez failed to provide any kind of accountability mechanism or expenditure plan for any of the line-item requests in Legislation No. 0116-20. Why would we give the HCOC payroll funding to manage for first responders and essential workers? Council was already working on those solutions as it waited for President Nez’s action,” said Speaker Damon.
Since mid-May, added Speaker Damon, the 24th Navajo Nation Council held more than a dozen work sessions that went in-depth with Navajo Nation partners on COVID-19-related needs for medical and health care facilities, water infrastructure needs, agricultural impacts, the needs of domestic violence shelters and other social services, electricity and power line needs, public safety concerns and opportunities, impacts to students of all grade levels, housing impacts and more. Recordings of all discussions can be accessed through the video archive at http://www.vimeo.com/navajonationcouncil.
“The 24th Navajo Nation Council has gone to great pains to ensure this entire process has been as accessible and transparent as possible. The Council has managed to make progress in providing instant online streaming and teleconferencing information on limited staff and resources. This will improve with time,” said Speaker Damon.
With the Dec. 30 deadline to spend federal CARES Act funds approaching, Legislation No. 0144-20, sponsored by Council Delegate Amber Kanazbah Crotty, was introduced within the past few days that would approve an initial amount of more than $131 million in water, power line and broadband projects that were submitted to the Council from the Navajo Nation Department of Water Resources, Navajo Tribal Utility Authority, Jemez Mountain Electric Cooperative, Continental Divide Electrical Cooperative, Choice NTUA Wireless, Department of Information Technology, Navajo Technical University, Native Broadcast Enterprise and Diné College. The legislation may be viewed online through the Navajo Nation’s legislative tracking system website, called Diné Bibeehaz’áanii Binaaltsoos: http://dibb.nnols.org/.
Public comments on legislation may be submitted to the Navajo Nation’s official legislative public commenting system by email at: comments@navajo-nsn.gov.
“As council delegates, we love our communities greatly, and it pains us to know that we are trying our hardest to meet President Nez in the middle, only to be met with vetoes. But, it’s our job to fight for our local communities, and the Navajo Nation Council will continue putting forward funding that has been developed with the input of the Executive Branch and the Judicial Branch from the very beginning,” said Speaker Damon.
PRESS RELEASE – Navajo Nation Council approves coronavirus $93 million immediate expenditure response package, 6.19.20
WINDOW ROCK, Ariz. — Responding to public input, information shared in Naabik’íyáti’ Committee work sessions and discussions with programs and local leaders, the 24th Navajo Nation Council approved a $93 million coronavirus (COVID-19) immediate expenditure response package on Friday, June 19
The COVID-19 response package will utilize a portion of the more than $600 million received by the Navajo Nation since May 6 from the federal Coronavirus Aid, Relief, and Economic Stimulus (CARES) Act relief funding.
The immediate expenditures from the Navajo Nation CARES Fund, which was established by the Navajo Nation Council’s earlier Resolution No. CMY-44-20, totaled $50,559,530.10 before the Council’s amendments to the line-item expenditures.
After the Naabik’íyáti’ Committee and Council amendments, the Navajo Nation Health Incident Command Center within the Navajo Department of Health was authorized to expend a total of $93,059,530.10 from the Fund for the following purposes:
$10 million for care packages of food, water and basic necessities;
$2 million to enable tele-work capability for government employees;
$3.5 million for bathroom additions and upgrades;
$7 million for burnout assistance for 156 homes;
$3 million in assistance for Public Law 93-638 healthcare facilities on the Navajo Nation;
$2,559,530.10 to improve procurement processing of Navajo Nation CARES Fund expenditures;
$55 million to be distributed to Local Governance Act (LGA) Certified Chapters and non-LGA Certified Chapters to address COVID-19 relief and mitigation issues at the local level, pursuant to the 50/50 formula set forth at 12 N.N.C. § 820 (O); and,
$10 million to the Navajo Nation Judicial Branch to combat COVID-19.
Once the approved legislation is engrossed, or updated to its final legal form, by the Office of Legislative Services and then certified by the Speaker of the Navajo Nation Council, it will be delivered to the Navajo Nation President for approval, regular veto or line-item veto.
Budget & Finance Committee
When the Budget and Finance Committee (BFC) considered Legislation No. 0116-20 on Jun. 2, the committee amended the legislation to create the three-branch responsibility for developing and preparing expenditure plans. An expenditure plan is a document that establishes legal sufficiency and accountability for the use of Navajo Nation funds.
Together, the President of the Navajo Nation, Speaker of the Navajo Nation Council and Chief Justice of the Navajo Nation will jointly incorporate the needs of the whole Navajo Nation, all three branches and the needs of the Kayenta Township through one or more expenditure plans.
The BFC also added language to include the Speaker and the Chief Justice in the presentation of a final expenditure plan(s) for the remaining balance, including future deposits, of the Navajo Nation CARES Fund. Those plans will require the approval of the BFC, Naabik’íyáti’ Committee and the Navajo Nation Council.
Naabik’íyáti’ Committee
On. Jun. 18, the Naabik’íyáti’ Committee approved three amendments before referring Legislation No. 0116-20 to the Navajo Nation Council. Earlier, on Jun. 15, the committee held a work session with all three branch chiefs to work out a merger of the remaining provisions of the line-item vetoed Resolution No. CMY-44-20, formerly known as Legislation No. 0115-20, and Legislation No. 0116-20. Without it, the language of either of the two measures contradicted or conflicted with the other.
The resulting amendments clarified the status of Navajo Nation CARES Funds and bridged the expedited procurement process and expenditure plan framework of CMY-44-20 with the three-branch approach and immediate expenditures of Legislation No. 0116-20. The Naabik’íyáti’ Committee also made the significant amendment to add funding of $55 million through the Health Command Incident Center to distribute to Navajo Nation Chapters for relief and mitigation issues. Support for Navajo contractors and businesses was also established in expending Navajo Nation CARES Funds.
The allocation for hazard pay was also amended by the Naabik’íyáti’ Committee, but the item would be more directly addressed by Legislation No. 0132-20, sponsored by Speaker Seth Damon.
Navajo Nation Council
At a special session on Jun. 19, the 24th Navajo Nation Council took up Legislation No. 0116-20 with the prior committees’ amendments and discussed, at length, the immediate expenditure line-items. To create more immediate support for justice services and Navajo families experiencing hardships due to faulty or nonexistent bathroom facilities and homes lost to fire, the Council approved $20.5 million in new expenditures.
The Council also approved an amendment to delete line-items for personal protective equipment (PPE), payroll and hazard pay expenses, and facilities disinfection and reconfiguration allocations because it had already approved $41 million for those purposes under Legislation No. 0132-20.
In approving Legislation No. 0116-20, the Navajo Nation Council reaffirmed that the President of the Navajo Nation is delegated the authority to negotiate agreements with federal agencies on behalf of the Navajo Nation to expand the use of federal CARES Act funds for needed relief of Navajo families. The Navajo Nation Code requires those agreements to be approved by the Budget and Finance Committee of the Navajo Nation Council before they may be executed by the Navajo Nation President.
The 24th Navajo Nation Council approved a total $134,059,530.10 in COVID-19 response funding through Legislation Nos. 0132-20 and 0116-20 on Friday, Jun. 19.
All discussion of Navajo Nation CARES Funds, including Legislation No. 0116-20, by the Navajo Nation Council and standing committees can be accessed online at the livestream archive: www.vimeo.com/navajonationcouncil.
PRESS RELEASE – Navajo Nation Council approves $41 million hazard pay, PPE, facility safety immediate expenditures, 6.19.20
WINDOW ROCK, Ariz. — Legislation No. 0132-20, sponsored by 24th Navajo Nation Council Speaker Seth Damon (Baahaali, Chilchiltah, Manuelito, Red Rock, Rock Springs, Tsayatoh) was approved by the Navajo Nation Council at a special session on Friday, June 19, 2020. The legislation authorized three immediate expenditures totaling $41 million of federal Coronavirus, Aid, Relief, and Economic Stimulus (CARES) Act funding received by the Navajo Nation last month.
“The $41 million in immediate funding that the Navajo Nation Council voted to approve will give our front line responders and essential workers the compensation they badly deserve,” said Speaker Damon. “It also provides for personal protective equipment and safety assurance for thousands of our Navajo People that are looking to return to a safe workplace.”
The approved legislation now proceeds to Navajo Nation President Jonathan Nez, who has 10 calendar days to enact the aid package, veto the entire legislation or use a line-item veto to strike individual appropriations once it is delivered.
The approved legislation contains $21 million in hazard pay to be issued through the Navajo Nation Office of the Controller for front-line responders and essential personnel.
$10 million was approved for immediate purchases of personal protective equipment (PPE) through the Navajo Nation Department of Health (NNDOH). PPE includes cleaning and disinfecting supplies, face shields, face coverings, disposable gloves and more.
$10 million was also approved for the Navajo Nation Facilities Maintenance Department to begin disinfecting and ensuring public offices are safe for returning workers and members of the public seeking services.
Under the Navajo Nation Declaration of Public Health Emergency for the coronavirus (COVID-19), the Navajo Nation has been partially closed since March 11. On March 20, $4 million in funding was approved by the 24th Navajo Nation Council for the Navajo Nation Division of Health and was enacted by President Nez for COVID-19 emergency funds.
In March, the U.S. Congress approved the federal CARES Act, which appropriated $8 billion in tribal support funding through the Coronavirus Relief Fund. Of that portion, the Navajo Nation has received over $700 million as part of the larger amount allocated to federally recognized tribal nations.
Speaker Damon introduced Legislation No. 0132-20 in response to public comments collected by the Legislative Branch since May 6, the date the Navajo Nation began receiving federal CARES Act funds.
Since then, council delegates have taken part in more than 10 Naabik’íyáti’ Committee work sessions with Navajo Nation programs and partners to identify specific project-ready community needs.
Those work sessions yielded many short-, mid- and long-term opportunities to comprehensively address public health crises, like COVID-19.
On May 15, the 24th Navajo Nation Council overwhelmingly approved Resolution No. CMY-44-20, known as the Navajo Nation CARES Fund Act, which laid the policy framework for creating and approving expenditure plan(s) for the federal CARES Act funds. Included in that resolution were directives and streamlined procurement policies intended to speed up purchases and payments for COVID-19 response activities.
The Navajo Nation CARES Fund Act was partially line-item vetoed by President Nez on May 30. However, the parts of the resolution that became law set up a process for the Council to approve allocations of federal CARES Act funds through expenditure plans.
Portions of the remaining Navajo Nation CARES Fund will be directed towards mid-term projects being discussed by all three branches of the Navajo Nation government.
Leading up to Friday’s special session, the Health, Education, and Human Services Committee had Legislation No. 0132-20 under consideration at its Jun. 17 regular meeting and voted to approve the measure with one amendment. On Jun. 18, the Budget and Finance Committee considered the legislation and also approved the package with an additional amendment.
Both committee amendments provided added support and accountability for the Diné Hatááłii (Navajo medicine men) Association. The Council acknowledged the necessity of ensuring the effects of COVID-19 are addressed in a culturally relevant approach by approving the amendments as part of the final vote.
The Naabik’íyáti’ Committee also considered the immediate expenditure package with both amendments and approved Legislation No. 0132-20 by a vote of 16 in favor and 0 opposed.
On Friday, the 24th Navajo Nation Council considered Legislation No. 0132-20 and provided final approval of $41 million in immediate expenditures that directly provide for the Navajo Nation’s COVID-19 response. The final vote was 20 in favor and 1 opposed.
Navajo Nation Council legislation can be found online on the Diné Bibeehaz’áanii Binaaltsoos legislative tracking system: dibb.nnols.org.
