Light up, Navajo —
Council fails to override tobacco ban, Inn of Gallup and ed board vetoes

Copyright © 2008
Gallup Independent
By Kathy Helms
Dine Bureau

WINDOW ROCK — The Navajo Nation Council failed Thursday to muster the 59 votes necessary to override three legislations vetoed by Navajo Nation President Joe Shirley Jr.

An override of the Navajo Nation Commercial Tobacco-Free Act of 2008 which would have banned tobacco usage in “shared air space” on the Navajo Nation failed, 41-29; legislation to purchase the Inn of Gallup failed 44-23; and the Board of Education Amendments Act of 2008 failed 40-20.

At the opening of the session, Delegate Orlanda Smith-Hodge asked to deliver Thursday’s invocation and requested a moment of silence to remember those who died seven years ago during Sept. 11 terrorist attacks. Several delegates couldn’t seem to spare the 15 seconds and continued typing away at their computers. Delegate Leonard Tsosie sported an “I love New York” tie in remembrance.

Hodge then asked to add a piece of emergency legislation to the agenda requesting $175,000 from the Minimum Fund Balance for repairs at Cornfields Chapter, which failed 27-36. During last week’s budget session, each chapter was appropriated $200,000 for unmet needs.

Delegate Raymond Maxx also failed by a vote of 11-59 to get Council to add legislation requesting $2 million from the Unreserved Undesignated Fund Balance to conduct a referendum election on government reform.

When the special session agenda was being considered Wednesday by Ethics and Rules Committee, Hodge, Maxx and Tsosie tried to get the committee to add their legislations to Thursday’s agenda, however, Ethics Vice Chairman Roscoe Smith said the normal procedure is that legislation is assigned and goes through applicable committees before coming to Ethics. Their legislations did not, he said.

Tsosie argued that the referendum legislation was properly before Ethics because the committee was considering the agenda, but Chairman Francis Redhouse ruled Tsosie out of order. Smith also noted, “This legislation seeks funds from the UUFB. There’s no money in there.” Ethics officials said they are tired of delegates trying to circumvent the process. Delegates were told to try bringing their legislations up on the Council floor.

A resolution sponsored by Resources Committee Chairman George Arthur to transfer oversight of Canyon de Chelly National Monument from the federal government to the Navajo Nation was deleted from Thursday’s agenda on a motion by Chinle Delegate Harry Claw, who said public hearings had not been conducted on the matter.

Arthur, who also sponsored the Inn of Gallup legislation, was not happy with the outcome. Regarding the Inn, he said, “It was a disappointing action, but that’s what the Council, in their wisdom, feels is best for the Nation. I saw it as an opportunity, but obviously that’s not the case.”

Deletion of the Canyon de Chelly resolution also was disappointing, he said. “The motion was that there was no discussion at the community level, no public hearings. We’ve been to the Chinle Chapter at least four times, we have chapter resolutions supporting the concept of having the Nation take over the park. The council delegate from there needs to understand. Maybe they don’t keep records at Chinle.”

Proponents of the tobacco legislation held a protest march to the Council chamber before the start of Thursday’s session, and large signs along the way to the chamber warned of the evils of commercial tobacco.

Alice Benally, one of the co-sponsors of the legislation, expressed disappointment at Council’s vote. “It seems to me that we’re more worried about money than human life. I believe as leaders we shouldn’t set the example that we did today. We tell our children ‘no,’ we define the word ‘no,’ and yet, look what we did on the Council floor.”

Thomas Walker Jr., prime sponsor of the legislation was a little more optimistic. “The Navajo Nation Council did not fail us today. We just needed to meet a certain threshold, and because of other factors having a play in the attendance, we didn’t meet the threshold.”

Dr. Patricia Nez Henderson, Walker’s agent in presentation of the legislation, said Thursday actually was “a historical day for the Navajo Nation,” despite not having enough votes to pass the legislation.

“The fact that the majority of the Navajo Nation Council has seen the importance of this legislation and have voted in favor of this legislation, it’s historical. It’s a logistic issue where that we needed 59 votes, so we’re going to come back and regroup. We’ve been initiating this process for the last year. For a lot of states, it’s taken them over 30 years to pass such a legislation.

“We’re very proud that the Health and Social Services Committee has been supporting this, they understand the health needs of the Navajo Nation. I’m looking forward to coming back and introducing a legislation that is not going to be watered down. It’s going to be just as strong,” she said.

Danny Simpson said he, too, was very disappointed they didn’t override the president’s veto. “My issue is why was this special session pushed and we didn’t have all the delegates here? We had delegates out of town. Why was this special session not held until Monday?”