Fierce fracas erupts at Diné council meeting

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — Delegate Larry Anderson Sr. fought defiance as speaker pro tem of the special council session Wednesday.

Anderson was serving as pro tem because the legislation on the floor was sponsored by Speaker Lawrence T. Morgan.

But the affable – and generally unflappable – Anderson quickly found himself refereeing a heated exchange between Delegates Young Jeff Tom and Leonard Tsosie, and then becoming embroiled in an imbroglio himself with Delegate Raymond Maxx.

Even the Three Stooges might have scratched their heads at the madcap zaniness that ensued.

The fierce fracas began with a piece of routine legislation – a bill seeking $495,000 for the Diné education department’s eyeglass project for students.

Now, slowly winding its way through the legislative process is a bill to prevent amendments from the council floor being attached to spending bills. But that bill, recently passed by the Ethics & Rules Committee, is not yet the law of the land.

There was $10.1 million in the Unreserved, Undesignated Fund – and Young Jeff Tom was the first delegate to be recognized by the pro tem chair. It was déjà vu all over again, for delegates who have witnessed this scene play out during previous sessions.

“I have some amendments,” Tom said, amid some groans mixed with chuckles.

Tom was requesting $3.1 million to be divided in a number of ways, including $15,000 per delegate per chapter for emergency assistance, $844,000 for chapters for stipends, meetings and $1,000 per chapter for “Christmas activities.”

The benevolent Tom’s amendment also included money for the speaker’s office – including $100,000 for “unforeseen, unplanned” situations – and the Office of the President and Vice President was in for $250,000 total.

The problems immediately began, when Delegate Pete Ken Atcitty questioned legislative staff reading Tom’s bill for him.

“Since when did we start having legislative staff read legislation for delegates?” Atcitty said.

There’s already been precedence for that, Anderson said. It’s been done before, he added.

“I have a technical problem with this,” Tsosie said. This is not an amendment to the main motion, but is completely separate legislation, Tsosie said. As such, it is out of order, he suggested.

“This is not germane to our discussion, we’re talking about eyeglasses for kids,” Tsosie said. “This is not our money, it’s the Navajo people’s money and we need to use it wisely – not throwing it out there as a Christmas tree bill.”

Tom said he wanted to respond to “the New Mexico senator,” alluding to Tsosie’s past position as a state senator.

“I’m not a lawyer, but what is being talked about as out of order, is in order,” Tom defended.

In Navajo, Tom suggested that Tsosie should try introducing his own legislation instead of always complaining about other people’s.

Delegate Omer Begay interrupted as Tom and Tsosie seemed to talk over the other, saying that delegates had the right to express their opinions without getting a rebuttal from the sponsor after every point.

Anderson called for a vote, lighting the fuse on more council fireworks.

Pointing out Rule 15A, Delegate Jonathan Nez said amendments should apply to the main motion on the floor. Because this bill didn’t, it was out of order, Nez agreed.

That’s when Delegate Ervin M. Keeswood Sr. called for his own point of order. The voting had already begun, so it was too late for Nez’s point of order, Keeswood said. In any event, the rule Nez was looking at did not refer to spending bills, which are different than amending routine, non-monetary legislation, he explained.

“I believe Mr. Nez’s point of order is in order,” Tsosie said.
No error in allowing the Tom’s amendment had been made, so the vote could continue, Anderson ruled.

Tom’s amendment passed 75-9, and then Anderson called for a vote on the main motion.

When Delegate Raymond Maxx, standing beside his desk, tried to make a point of order, Anderson cut him off.

“The vote has started; sit down Mr. Maxx,” the pro tem chair said. But Maxx wouldn’t accept Anderson ’s decision and demanded an opinion from the legislative counsel.

Anderson said he had made his ruling and did not need an opinion from the legislative council.

“Point of order!” Delegate Danny Simpson called out. “I believe Mr. Maxx was in order.”

“You’re setting a very dangerous precedence here,” Delegate LoRenzo C. Bates said. “You need to recognize Mr. Rayomnd Maxx and hear him out.”

“The reason I didn’t recognize Mr. Maxx is because he got of his seat and stood up,” Anderson explained. “We will not have such unruly behavior in here.”

To tepid applause, Anderson then recognized Maxx.
Maxx’s objection was that council’s practice is to have a balanced debate on legislation before taking a vote. In this instance there was no debate, he said.

“Therefore it’s out of order,” Maxx said.

“You have been given an opportunity for your point of order, now we will continue on,” Anderson said. “Your point of order, is out of order.”

The eyeglass bill – with Tom’s amendment for $3.1 million – passed, 79-3.

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