Panel OKs line item vetos

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — By a 4-2 vote, the Budget & Finance Committee approved giving the Navajo president a line item veto Wednesday.

The president already wields veto power; this legislation would just make it more specific, said sponsor Raymond Maxx.

B & F has attended several orientations on finances and is aware of this initiative, said Domenic Beyal, executive director of the Office of Management and Budget. In fact, Vice President Ben Shelly former B & F chairman and Maxx, a former committee member, were working on this issue during the 20th council, added Beyal.

The veto legislation comes with certain safeguards. For example, the president could not cut occupied positions.

B & F Vice Chairman Leonard Chee asked about unoccupied positions.

If an amendment comes up on the council floor and passes, creating new positions, the president could veto those newly created positions, Beyal explained. The bill would not allow the president to cut occupied positions, he said.

"You don't want to create a situation for abuse," Beyal said. A president wouldn't be able to veto positions of people he doesn't like, for example.

"What about a position that becomes vacant during the year and hasn't been filled?" asked Chee.

"In that case they wouldn't be occupied (positions)," Beyal replied.

So the president could claim he was saving money by going through the budget and eliminating any vacant positions, Chee said.

If the position is already in a department's appropriation, then the president couldn't cut it, Maxx explained.

The line item veto is delegated strictly for a particular line item in the Nation's Annual Comprehensive Operating Budget or for supplemental spending resolutions, Beyal said.

"Does this take power away from the council?" asked B & F Chairman LoRenzo C. Bates.

"That's a big theory it could be argued," said Tamsen Holm, an attorney with the Office of Legislative Counsel. "This allows the president to fine-tune legislation."

However, council can override a presidential veto even a line item veto by a two-thirds vote at the meeting immediately following the one where the vetoed action took place, Holm said

The president's line item veto only pertains to the dollar amount for a specific item, he cannot amend the amount or change any wording.

The bill moves to the Ethics and Rules Committee next, the last stop before landing on the council's agenda.

In other business:

Legislation sponsored by Delegate Willie Tracey Jr. to set two-year term limits for standing committee chairmen and vice chairmen passed unanimously, 5-0. His bill would allow more leadership opportunities for delegates, Tracey said.

There is no restriction on committees re-electing the same chairs, and no limits on the number of terms, Tracey said.

"It does not limit an individual," Begay added.

B & F also approved giving Chilchinbeto Chapter $120,000 from the Unreserved, Undesignated Fund for improvements to its sewer lagoon. The legislation was sponsored by Delegate Willie Begay.

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