OnSat audit decision delayed till Friday

By Kathy Helms
Diné Bureau

WINDOW ROCK — A decision by District Court Judge Allen Sloan in the matter of whether to issue a preliminary injunction to prevent further disclosure of the contents of a Navajo Nation special review of payments to OnSat Network Communications has been delayed until Friday.

A spokesman at Window Rock District Court said Wednesday that Judge Sloan had been called away on unexpected business and would not be able to issue the decision until then.

OnSat attorney Jim Fitting of Albuquerque said during a court hearing Monday that OnSat is seeking to stop further release of the report and wants an "appropriate forum," headed by someone appointed by Navajo Nation President Joe Shirley Jr. to go over all references to OnSat in the report "line by line."

Fitting said OnSat is requesting a preliminary injunction and also would like to be able to have discovery and litigate any issues arising from the report.

Luralene Tapahe of Navajo Department of Justice, who is attorney for Acting Auditor General Elizabeth Begay, argued that "Nowhere in OnSat's report on the arguments have they said that their records are protected."

Begay is required by Navajo Nation law to make the report public.

"To order an injunction would go against Navajo law," Tapahe said. "In this case, she (Begay) complied with the law when she presented it to the Budget and Finance Committee."

B&F responds
In response to Fitting's suggestion that President Shirley appoint someone to head an "appropriate forum," B&F Chairman LoRenzo Bates said Wednesday, "The president doesn't have that authority when it comes to the people's money. That falls under the Budget & Finance Committee's authority. So, if the committee feels like an in-depth hearing or investigation, we can do that not the president."

Bates also took issue with Chief of Staff Patrick Sandoval helping decide how much information OnSat would provide to the auditor's office to refute findings in the preliminary special review.

"Patrick Sandoval works for the Nation. He is to be looking after the interests of the Nation, and at the least, should be taking a neutral position and not be going against who he works for and that's the people," Bates said.

He also agreed with Tapahe's statements that the June 18 report has been presented to his committee and is already in the public domain.

"OnSat must realize that now that it has been presented to Budget & Finance, that doesn't restrict the committee from presenting the results of that audit. If he wants to extend that gag order, he probably needs to go to the Budget & Finance Committee if he wants to fight that battle," Bates said.

"That gag order does not apply to individuals that already know of the audit report. If other committees ask me to present what I know, the gag order does not apply to me. If he wants to fight that battle, then he's going to have to apply that gag order to everybody that was in that room, because it's all public record.

"There's nothing that prevents a Navajo citizen from asking for the minutes of the Budget & Finance Committee meeting," Bates said.