Overrides of gaming vetos fail

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — The Navajo Nation Council's bid to override President Joe Shirley Jr.'s veto of two gaming bills from last session came up snake-eyes Thursday.

Shirley had vetoed legislation that would have permitted gaming enterprises to be set up in To'Hajiilee and Shiprock chapters. Council needed to muster 59 votes a two-thirds majority to override the vetoes, but failed on both bills.

The special session, held at the Din Education Center, got off to a rocky start as Delegate Johnny Naize sought to delete an item from the agenda. The legislation would have approved a switch in standing committee assignments between Amos F. Johnson (Government Services) and Harry Clark (Resources).

"The reason for this special session was based on this legislation," objected Delegate Francis Redhouse. It would be inappropriate to delete it from the agenda, he added.

Simply deleting the item would only ensure it returns at the next session, per council rules, said Delegate Ervin M. Keeswood Sr. He recommended leaving it on the agenda and voting it down.

"I think it's better that I withdraw my motion," agreed Naize.

Prior to the consideration of the first legislation an override for To'Hajiilee Delegate LoRenzo C. Bates requested the council go into executive session to discuss the matter.

"We're setting precedence again," said Delegate Orlanda Smith-Hodge. An override does not require discussion, just a straight vote, she argued.

Under Rule 12E, an override vote occurs immediately after the bill's sponsor provides his or her presentation, said Chief Legislative Counsel Ray Etcitty; however, it is within the council's purview to suspend the rules and allow for debate, he added.

The request for executive session failed.

Delegate Lawrence Platero, who sponsored the To'Hajiilee legislation, said overriding Shirley's veto would give his chapter the opportunity for employment and economic development.

He has supported similar bills for other chapters, Platero noted.

Crossing borders
The president's concern that allowing individual chapters to operate gaming enterprises would jeopardize the Nation's compact with Arizona is not valid in this situation because To'Hajiilee is in New Mexico, Platero said.

"The State of Arizona can't dictate to New Mexico how to interpret its compact," Platero said.

The Nation's compact with Arizona allows for only two casinos; the New Mexico compact does not set a limit on the number of casinos the tribe may operate.

Platero also dismissed the idea that the Nation would have too many casinos in a small area.

Look at Vegas, look at Laughlin, both of them are raking in the money, Platero said. So are the tribal casinos surrounding Albuquerque, he added.

"The window of opportunity is slowly closing on us before we can get going," said Platero.

The vote to override was 46-35, failing to reach the two-thirds margin needed.

"All gaming enterprises are wholly owned by the Navajo Nation, we do not dispute that," said Delegate Pete Ken Atcitty, as he argued on behalf of his bill to override the Shiprock veto.

Further, Atcitty pointed out, council has passed regulations that allow chapters to create their own gaming enterprises.

As far as whether the market can sustain multiple casinos, no one really knows until it is tried, he said.

In addition to a casino, the Shiprock venture would include retail space, a hotel and golf course, said co-sponsor and former Council Delegate Wallace Charley.

"It's a risk; it's a challenge," Charley said. "Let's, you and I, take that challenge, take that risk!"

The override vote for Shiprock was 43-39, again failing to reach 59 votes.

In other business:

The legislation allowing Johnson and Clark to switch committees was also voted down, as requested following an agency caucus.

Delegate Larry Noble and Karen Francis presented several plaques to delegates on behalf of Apache County Supervisor Tom White Jr.

Those recognized included Morgan, Bates, Omer Begay, Ray Berchman and Curran Hannon.

John Christian Hopkins can be reached at hopkins1960@hotmail.com or by calling 505-371-5443.