HERE AT NAVAJO COUNCIL WINTER SESSION DAY 3 WHERE FIRST LEGISLATION IS FOR THE COUNCIL TO APPOINT A NEW SPEAKER TO SERVE OUT THE REST OF SPEAKER NAIZE’S TERM.

DELEGATE KATHERINE BENALLY
When we were at Naabik’iyati Committee, there will absolutely be no need for this legislation if Legislation 0003-14 fails.
Delegate David Tom can be heard saying Yes in Navajo.
I call for the speaker to call Legislation 0011-14 out of order.

DELEGATE LEONARD TSOSIE
Legislation belongs to the Council and some of us want to talk about it. And during Naabi meeting, there was a call to Table this legislation. And I recommend that we move forward with this legislation.

DELEGATE K. BENALLY
I’m ready to call this Out of Order all day. The legislative counsel has opinion and so we should get one from Navajo Department of Justice.

SPEAKER PRO TEMP YAZZIE
Is Shepherd’s legislation out of order because of prior legislation failing.

NAVJO DOJ DEPUTY ATTORNEY GENERAL
It is on your agenda and if it should not be on your agenda then Speaker can call out of order. The other avenue is to remove it from your agenda with a vote. As far as being out of order, Speaker Pro Temp Yazzie makes decision. And I ask Legislative Counsel Kahn to also provide opinion.

DELEGATE LEONARD TSOSIE
I would be hesitant to get advice from Legislative Counsel Kahn because her boss is Speaker Naize and so how can we trust her advice.

LEGISLATIVE COUNSEL KAHN
The office of legislative counsel agrees with NDOJ as far as legislation drafted. It went thru proper procedures and you adopted agenda. This particular resolution is before you in the event that there is a vacancy of speaker. And there is no vacancy.

SPEAKER PRO TEMP EDMUND YAZZIE
I can call out of order or delegate motion to delete Legislation 0011-14. Second by Delegate George Apachito.

DELEGATE RUSSELL BEGAYE
Super majority vote needed

SPEAKER PRO TEMP YAZZIE
Yes, super majority vote needed.

DELEGATE LEONARD TSOSIE
Read summary, Legislative counsel Kahn goes against her own advice. She never says that this was drafted if vacancy. This is why I said we would never get straight advice from legislative counsel. They take us down the wrong road and divide us.

DELEGATE DAVID TOM
yesterday we voted on speaker and it didn’t pass with vote of 12 in favor, 11 opposed. And so this legislation is out of order.