VP takes parting shots
Dayish throws weight behind Judicial Branch

By Kathy Helms
Diné Bureau

WINDOW ROCK — Navajo Nation Vice President Frank Dayish Jr., in a final gesture as he leaves office, has thrown his weight behind the Judicial Branch, urging President Shirley not to veto the appropriations act.

Dayish sent a memo Thursday to Shirley, reminding him that the Executive Branch has publicly acknowledged the severe underfunding of the Judicial Branch.

"On April 6, 2006, as president of the Navajo Nation, you testified before the U.S. House Appropriations Subcommittee and emphasized that the Navajo Nation Judicial Branch struggles to provide the services it is mandated to provide.

"You brought national attention to the 'dilapidated trailers' in which the Judicial Branch administrative services are housed (locally referred to as the "trailers of justice").

"Currently, the national proposed budget for 2007 cuts funding for tribal courts across the board," Dayish said.

The Judicial Branch Appropriations Act of 2006, which recently passed the Navajo Nation Council by one vote, would require that, beginning with Fiscal Year 2008, net revenues into the General Fund would be divided annually between the three branches for their operating funds.

The General Fund comprises less than one third of total Navajo Nation revenues.

Under the act, the Judicial Branch would receive 10 percent, with the remaining 90 percent divided among Executive and Legislative.

Dayish said net revenue means that these percentages will be applied against the revenues remaining after all the mandatory set-asides, such as for the Permanent Trust Fund and the Land Acquisition Fund.

The act would not increase or decrease funds from other sources to any branch, he said.

Obligation
Fixed cost remains an obligation of the three branches on which the branch leadership must discuss and agree on use and amounts to be set aside each fiscal year, the vice president said.

"Executive Branch and Legislative Branch functions will not be adversely affected by the act in actual money terms," Dayish said.

"On the other hand, Judicial Branch resources will obtain some stability and some freedom with which to implement the mandate of the Dine Fundamental Law and its core functions under the Navajo Nation Code," he said.

In a separate interview, Dayish said that if the president is concerned about overspending and is stating the 20th Navajo Nation Council needs to demonstrate financial restraint, he needs to serve as a role model by beginning to cut costs at the Executive Branch.

"Cost-cutting measures could begin with eliminating duplication of services with OnSat. The Navajo Nation already has a qualified IT (Information Technology) department which provides technology services to the Navajo Nation," Dayish said.

"At a more personal level, he could reduce the amount of vehicles the Navajo Nation provides for him as the president. Why does he have three vehicles when there are only two licensed drivers in his household?"

The vice president said personal vehicles are assigned to certain Executive Branch staff members and that one drives a vehicle no other staff member is allowed to utilize.

The Navajo Nation also pays for a vehicle for Chief of Staff Patrick Sandoval, according to the vice president.

Salaries
Dayish said salaries of political appointees at the Executive Branch need to be re-evaluated and should reflect the education and expertise of qualified individuals hired to serve the constituents of the Navajo Nation.

There are 26 to 30 staff members including division directors, staff assistants in Window Rock, and the Navajo Nation Washington Office, Dayish said.

"George Hardeen, the spokesperson and press officer for the Office of the President and Vice President, makes in excess of $80,000. Since his hire, he has not provided much press coverage for the Office of the Vice President," Dayish said.

The Executive Branch also needs to make available to the general public the amount of fees being paid to tribal consultants, according to the vice president.

Contradictions
An analysis from the president's office on the impact to the three branches, suggested that 80 student scholarships and 42 employee positions would have to be cut in order to give Judicial extra funds.

Dayish said that just last week, Chief of Staff Sandoval reiterated in a local newspaper that education is still the president's No. 1 initiative.

"This week, he sends a different message to the people and college students."

"Cutting 42 employee positions doesn't make sense when there are already positions available that are not filled but money is set aside for the positions," he said.

In his letter to President Shirley on the appropriations act, Dayish said, "There is an inherent tension in budget matters between any branches of government. In times of fiscal crisis, this tension becomes more pronounced.

"The act seeks to remove tension entirely in the spirit of K'e by proposing a fixed percentage allocation to the Judicial Branch and the remaining 90 percent to be divided up between the Executive and Legislative branches."

Dayish said the act recognizes the need for smooth inter-branch relations, free of tension, in budget matters.

"Most importantly, the Navajo Nation must have an independent Judiciary, free from political interference from within and outside our government," he said.

Urging Shirley to sign the appropriations act, which the president is expected to veto, Dayish said his signature would ensure the Judicial Branch would be able to provide much-needed services to benefit the Navajo people.

"We are all aware that our Navajo Nation courts address a myriad of criminal, civil and domestic violence cases on a daily basis," the vice president said.