Nobody is ‘above the law’
Navajo Nation Council votes down immunity bill

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — The speaker spoke – but it was the Navajo Nation Council that got the last word in.

Speaker Lawrence T. Morgan introduced legislation that would give delegates limited immunity from arrest during council sessions. The bill grew from an incident earlier this year when Morgan was stopped for going through a stop sign, and a routine check revealed that he had not appeared in court on an outstanding transporting livestock violation.

“This is the first of its kind legislation,” Morgan said. It is meant to ensure that delegates can attend council sessions without minor distractions, the speaker explained.

While a delegate could not be arrested during council session, he or she would still to deal with the issue after the session ended, Morgan said.

“I’m not trying to put anybody above the law,” Morgan added.

Delegate Amos F. Johnson said his chapters – Black Mesa, Forest Lake and Rough Rock – oppose this legislation, and he urged the council to vote it down.
“In certain situations, we need to be here,” Delegate Rex Lee Jim said. “The whole point behind this is so we can be effective and do our jobs. Just because the law’s in place, doesn’t mean we’ll all be running stop signs and speeding.”

Delegate Johnny Naize offered an amendment to add protection while attending special council sessions. That amendment passed. But Naize’s second amendment – to delete wording that extended immunity while leaving sessions – was not as well received.

“It makes no sense in my mind to delete this language,” Delegate Ervin M. Keeswood said.

Accepting Naize’s amendment would dilute the entire bill, Delegate Tim Goodluck offered.

“Each of us has a different view on how we will vote on this, so let’s just vote,” Naize said.

Council voted down the immunity bill, 29-48.

Other business
In other business, Delegate Willie Tracey presented legislation to remove school board members from their seats if they miss three consecutive meetings.

“The overall intent of this legislation is that we’re thinking about our children,” Tracey said.

One school board member has missed 10 straight meetings, Tracey said. This is a problem – especially on the boards that only have three members.

Lorena Zah-Bahe, from the Department of Dine Education, said of the 66 Bureau of Indian Affairs schools on Navajo, 15 to 20 have three-member school boards. Another 10-15 school boards only have four members, Zah-Bahe said.

“It really stalls the action, a lack of a quorum,” she said.

His bill would mandate that a school board member that missed three consecutive meetings will be deemed as having resigned their seat, Tracey explained.

This isn’t a major concern, Keeswood said.

“I don’t see why we have to spin our wheels and create a problem where there is no problem,” Keeswood said.

While school boards have similar clauses concerning missed meetings there’s “no teeth in it, they’re not being enforced,” Zah-Bahe said.

A lack of qualified teachers is a bigger education problem than tardy school board members, said Delegate Leonard Chee.

“I’m concerned about the education of our children,”

Delegate Larry Anderson Sr. said. People should not run for the school board if they can’t be dedicated leaders, he added.

The measure passed, 71-5.

Council also approved the Five Management Plan Act sponsored by Shonto Delegate Jonathan Nez.

The act will approve a template for those chapters that want to become governance-certified.

“Right now the Office of the Auditor General holds much authority in recommending for approval of draft Five-Management Plans to the TCDC.  This legislation would alleviate the game of back and forth from chapters wanting to get certified and the auditor general,” Nez said. “This model looks similar to those eight governance-certified chapters’ FMS.”

In a way there has already been a model in place for many years, Nez added. 

“It is ironic that with the same model being recommended to the Office of the Auditor General they keep kicking it back to the chapter and telling them to revise it,” Nez said.

“In some cases, it has been taking years.”

Council passed the bill, 58-7.

John Christian Hopkins can be reached at hopkins1960@hotmail.com